Commentary on Sections Part 6 Development Management etc Section 29 – Invalid applications: notice and appeal
116.This section inserts sections 62ZA, 62ZB, 62ZC and 62ZD into the TCPA 1990, to allow for a right of appeal against a local planning authority’s decision that an application is not valid. The sections apply to applications for planning permission and for any consent, agreement or approval related to planning permission.
117.Section 62ZA requires a local planning authority to give formal notice to an applicant where they consider that the application submitted to them does not comply with certain information requirements and therefore invalid. The notice must identify the requirement in question and set out the authority’s reasons for thinking the application does not comply with it. The Welsh Ministers, by development order, may make provision about the giving of notice, including the information to be included and how and when it is to be given.
118.Section 62ZB provides applicants with a right of appeal to the Welsh Ministers where the local planning authority has served notice under section 62ZA that an application is considered invalid, on one or more stated grounds. The Welsh Ministers may, by development order, prescribe requirements for submitting an appeal, including how and when the notice of appeal is to be made and the information that is to accompany it. Appeals are to be determined on the basis of written representations.
119.Section 62ZC provides that, unless the Welsh Ministers give a direction under section 62ZD, an appointed person determines appeals made to the Welsh Ministers under section 62ZB. (It is anticipated that persons will be appointed from the Planning Inspectorate Wales.) It also sets out the functions of the appointed person. They have the same powers and duties in relation to an appeal as the Welsh Ministers.
120.Section 62ZD allows the Welsh Ministers to recover for decision by them an appeal under section 62ZB that would otherwise be determined by an appointed person.
121.Section 28 also amends section 79 of the TCPA 1990 to enable the Welsh Ministers to decide, when determining an appeal under section 78, whether an information requirement of a local planning authority is reasonable and relevant.