Commentary on Sections Application procedure Section 34 – Notice of accepted applications and publicity
83.Section 34 requires the Welsh Ministers to notify certain parties where they have accepted an application as valid.
84.Where development is in Wales notice must be given to each local planning authority and community council in which the proposed development is located. Notice must also be given to constituency and regional Members of the Senedd and to Members of Parliament who represent each area where a proposed development is located.
85.Where development is in the Welsh marine area, notice must be given to any local planning authority or community council the Welsh Ministers consider appropriate and Natural Resources Wales. Notice must also be given to constituency and regional Members of the Senedd, in addition to Members of Parliament that the Welsh Ministers consider appropriate. The Welsh Ministers must also notify any other persons specified in regulations.
86.This section also requires the Welsh Ministers to publicise an application in the way specified in regulations and in any notice or publicity include the date by which any representations must be received, which will not expire before the end of a minimum representation period specified in regulations.
87.However, the Welsh Ministers have the ability to extend the deadline by which representations must be received and may also extend the deadline more than once. Where this power is used, the Welsh Ministers are required to undertake publicity and notification again, specifying the new date by which representations must be received and their reasons for extending the deadline.
88.This section also allows for the Welsh Ministers to direct the applicant to notify persons of an application and publicise an application in the way specified in the direction. Any publicity must include the date by which any representations must be received, which will not expire before the end of a minimum representation period specified in regulations.
89.Where a direction is given under subsection (10), and the deadline is extended, the Welsh Ministers must give a further direction requiring the applicant to give a further notice to the same persons, and undertake further publicity in the same way.