Will the Minister confirm whether local planning authorities and the Welsh Government's planning inspectorate have the power to stall the commencement of a planning applications' planning consultation process and subsequent determination of an application, if it is not in the public interest for them to take place during the pandemic?
Neither the Welsh Ministers nor Local Planning Authorities can ‘stall’ the pre-application consultation process where the prospective applicant has complied with the relevant legislation.
On receipt of a valid application, both the Welsh Ministers and Local Planning Authorities must continue to determine it within statutory timeframes set out in relevant legislation during the pandemic.
Relevant legislation requires the Welsh Ministers or Local Planning Authority to undertake consultation and publicity where it is in receipt of a valid application. While there is a minimum length of time within which comments are invited on a planning application, the Local Planning Authority or the Welsh Ministers may exercise their discretion and set a longer period, if they consider it necessary.
However, if a consultation period was increased to an extent which meant the Local Planning Authority would not be able to determine a valid planning application within the statutory timeframes, it is open for the applicant to appeal to the Welsh Ministers on the basis of non-determination.
For appeals and applications made directly to the Welsh Ministers, the issues arising may require an oral event, such as a hearing or inquiry to ensure all relevant matters are fully addressed before reaching a decision. Due to the restrictions on the movement of people, no oral events are currently being held by the Welsh Ministers, and all such proceedings have been, or are being, suspended at the point prior to the oral event being held.
NOTE:
The “relevant legislation” means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 and the Developments of National
Significance (Procedure) (Wales) Order 2016 (both as amended, notably by the Planning Applications (Temporary Modifications and Disapplication) (Wales) (Coronavirus) Order 2020).
“Non-determination” appeals are made under section 78 of the Town and Country Planning Act 1990.