Commentary on Sections Examining applications Section 42 – Choice of inquiry, hearing or written procedure
113.Section 42 requires the examining authority to determine how each application it examines is to be examined before the end of a period specified in regulations.
114.The examining authority must determine whether the application is to be examined on the basis of the application and any written representations (if any) about the application at a hearing, at a local inquiry, or by any combination of these procedures. The examining authority must provide for examination of the application to include a hearing, unless the determination provides for a local inquiry or the examining authority considers a hearing would not assist the examination.
115.The examining authority may vary its determination as to how an application is to be examined at any time before the application being examined is decided.
116.The examining authority is required to notify any person or person of a description specified in regulations of its determination under subsection (1). The examining authority must also notify persons specified in regulations if it varies a determination made under subsection (1).
117.This section also requires the Welsh Ministers to publish a document setting out the criteria to be applied by an examining authority in determining how an application is to be examined.
118.The functions of an examining authority are subject to any provision made by regulations under section 43 or 44.