Section 62O: Option to make application to Welsh Ministers: connected applications

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part III: Control over development

This section applies where an application (the "principal application") is made to the Welsh Ministers under section 62M.

A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application.

A connected application, for this purpose, is an application under the planning Acts that—

relates to land in Wales,
is an application of a description prescribed by regulations made by the Welsh Ministers, and
is considered by the person making it to be connected to the principal application.

Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider—

that the application is not connected to the principal application, or
that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers.

The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority.

An application referred to an authority under subsection (5)—

is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and
is to be determined by the authority accordingly.

A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).

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