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The Town and Country Planning (Determination of Procedure) (Wales) Order 2014

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Town and Country Planning Act 1990

13.—(1) Schedule 6 is amended as follows.

(2) In paragraph 2—

(a)before sub-paragraph (6) insert—

“(5A) Sub-paragraph (2) does not apply in the case of an appeal to which section 319B applies.”;

(b)before sub-paragraph (11)(1) insert—

“(10A) Sub-paragraph (9) does not apply to references to the Welsh Ministers in section 319B (determination of procedure for certain proceedings: Wales).”

(3) In paragraph 3—

(a)after sub-paragraph (5)(2) insert—

“(5ZA) Sub-paragraph (4) does not apply in the case of an appeal to which section 319B applies.”;

(b)before sub-paragraph (6)(3) insert—

“(5B) In the case of an appeal to which section 319B applies, the Welsh Ministers must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations.”;

(c)in sub-paragraph (6) before “, the Secretary of State” insert “or (5B)”.

(4) In paragraph 6—

(a)before sub-paragraph (2) insert—

“(1B) Sub-paragraph (1) does not apply in the case of an appeal to which section 319B applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.”;

(b)in sub–paragraph (2)(a) after “2(4)” insert “or this paragraph” (in so far as that sub-paragraph does not already include those words(4)).

(1)

Paragraph 2(11) was inserted by section 2(7) of the Growth and Infrastructure Act 2013.

(2)

Paragraph 3(5) was substituted by section 196(4) of, and paragraphs 1 and 14(1) of Schedule 10 to, the 2008 Act. Paragraph 14 has not been commenced.

(3)

There are amendments to sub-paragraph (6) not relevant to this Order.

(4)

Paragraph 6(2)(a) was amended by paragraph 14(7) of Schedule 10 to the 2008 Act. Paragraph 14(7) has been commenced for certain purposes, see article 3(j) of the Planning Act 2008 (Commencement No 1 and Savings) Order 2009.

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