The Planning Process
Appeals and Amendments
Appeals and References to the Welsh Ministers
Where a party is aggrieved by a planning decision, non-validation or non-determination, that party may appeal to the Welsh Ministers against that action. Appeals are made to and administered by the Planning and Environment Decisions Wales ("PEDW"). In most cases the appeal is decided by PEDW on behalf of the Welsh Ministers.
Amendments to Permissions
Once planning permission has been granted, its implementation must be in accordance with the permission and any conditions attached to it. If the developer wishes to make changes to the use or design of the development, they should first apply to amend the permission. There are a number of ways to do this depending on the complexity of the proposed change.
Non-material Amendments: Where a change to approved development is so small or insignificant in its planning impacts it is a 'non-material amendment'. There is no formal definition of a non-material amendment because what is a significant change in terms of town and country planning will vary depending on the circumstances of the case.
Section 73 Applications: Section 73 of the 1990 Act allows applications to be made for planning permission without complying with conditions previously imposed on an extant planning permission. Where a section 73 application is granted, its effect is to grant a new planning permission. Section 73 applications can be broadly separated into three different application types, based on their intended purpose. These are to:
- extend the time limit of an existing permission (commonly referred to as a 'renewal' application)
- allow 'minor material amendments' to planning permissions
- allow the variation or removal of any other condition attached to a planning permission.