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Town and Country Planning Act 1990 SCHEDULE 4D — EXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH ... APPLICATIONS MADE TO THE WELSH MINISTERS
Exercise of functions in respect of development of national significance and connected applications
Applications under section 62M or 62O: exercise of functions
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Unless a direction otherwise is given under paragraph 9— (a) an application made under section 62M or 62O is to be determined by a person appointed for the purpose by the Welsh Ministers under this paragraph; (b) functions exercisable by the Welsh Ministers, by virtue of section 61Z1, in respect of an application that a person proposes to make under section 62M or 62O, are to be exercised by a person appointed for the purpose by the Welsh Ministers under this paragraph.
Revocation of appointments
3
Where a person has been appointed under paragraph ... 2 in respect of an application ..., the Welsh Ministers may at any time— (a) revoke the appointment, and (b) appoint another person, in respect of the application ..., under paragraph ... 2 ....
Exercise of functions by appointed person
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(1) This paragraph applies for the purposes of paragraphs 5 to 14. (2) References to an appointed person are to a person appointed to exercise functions under paragraph ... 2. (3) References to a relevant application ... are to an application ..., or a proposed application, in respect of which functions are exercisable by a person other than the Welsh Ministers by virtue of the person's appointment under paragraph ... 2.
5
A person appointed under paragraph 2 to determine an application has, so far as the context permits, the same powers and duties that the Welsh Ministers have by virtue of provision made by a development order by virtue of section 75A.
6
(1) Sub-paragraph (2) applies where any enactment (other than this Schedule)— (a) refers (or is to be read as referring) to the Welsh Ministers in a context relating to or capable of relating to an application under section 62M or section 62O, or (b) refers (or is to be read as referring) to anything (other than the making of an application) done or authorised or required to be done by, to or before the Welsh Ministers in connection with any such application. (2) So far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under paragraph 2, as if the reference to the Welsh Ministers were or included a reference to an appointed person.
Determination by appointed person
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Where a decision on a relevant application ... is determined by an appointed person, that person's decision is to be treated as being the decision of the Welsh Ministers (including for the purposes of section 284).
8
(1) It is not a ground of application to the High Court under section 288 that the determination ought to have been made by the Welsh Ministers instead of an appointed person, unless the applicant challenges the person's power to make the determination before the person's decision is given. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power of Welsh Ministers to exercise functions in place of appointed person
9
The Welsh Ministers may direct that functions specified in the direction are to be exercised, in respect of a relevant application ..., by them instead of by a person appointed under ... paragraph 2.
10
A copy of a direction given under paragraph 9 in respect of a relevant application ... is to be served on— (a) the person (if any) appointed, in respect of the application ..., under paragraph ... 2; (b) the applicant; (c) in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.
11
(1) Sub-paragraph (2) applies where, in consequence of a direction under paragraph 9, a decision on an application ... is to be made by the Welsh Ministers instead of a person appointed under paragraph ... 2. (2) In making their decision, the Welsh Ministers may take into account any report made to them by any person previously appointed under paragraph ... 2 in respect of the application.
12
Subject to that, for the purpose of the exercise of functions by the Welsh Ministers in consequence of a direction under paragraph 9, the application ... concerned is to be treated as though no appointment under paragraph ... 2 had ever been made.
13
(1) The Welsh Ministers may by a further direction revoke a direction under paragraph 9 at any time before the decision on the application ... concerned has been made. (2) On giving a direction under this paragraph, the Welsh Ministers must serve a copy of the direction on— (a) the person, if any, previously appointed under paragraph ... 2 in respect of the application ...; (b) the applicant; (c) in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned. (3) Where a direction is given under this paragraph— (a) the Welsh Ministers must appoint a person (the “new appointee”) under paragraph ... 2 ... in respect of the application ..., (b) anything done by or on behalf of the Welsh Ministers in connection with the application ... that might have been done by a person appointed under paragraph ... 2 is, unless the new appointee directs otherwise, to be treated as having been done by that person, and (c) subject to that, this Schedule applies as if no direction under paragraph 9 had been given.
Power of Welsh Ministers to appoint assessor
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Where an appointed person holds a hearing or inquiry in relation to a relevant application ..., the Welsh Ministers may appoint an assessor to assist the appointed person at the hearing or inquiry.
Back to Town and Country Planning Act 1990 — full text
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