National Assembly for Wales question 1415VB

The majority of appeals are decided by Inspectors, but a small percentage are decided by the National Assembly for Wales, usually because the development is large or controversial. The policy for 'recovering' appeals for the National Assembly's determination are are set out in the reply to Welsh Assembly Question 1415VB, answered on 12 October 1999.

Glyn Davies: To ask the Assembly Secretary for Local Government and Environment. What is the policy of the National Assembly towards the calling in of planning applications. (WAQ1415VB)

Peter Law: Our policy is not to interfere with local planning authorities' jurisdiction unless it is necessary to do so. Local Planning Authorities have responsibility for day to day planning control in their areas and they should be free to carry out those duties in a responsible manner.

On occasions it will be appropriate for a decision to be taken by the Assembly rather than by the local planning authority. The Assembly's powers to call-in planning applications for it to decide are used selectively. Applications are considered on a case by case basis and call-in will generally only be considered where an application raises planning issues of more than local importance which would include issues which:

• are in conflict with national policies;
• could have wide effects beyond their immediate locality;
• may give rise to substantial controversy beyond the immediate locality;
• are likely to significantly affect sites of scientific, nature conservation or historic interest;
• raise issues of national security; or
• raise novel planning issues.

Most planning appeals are determined by Planning Inspectors under powers statutorily transferred to them. The Assembly has powers to recover planning appeals from the Inspectorate and determine them itself. Our policy is to use those powers only where it is appropriate to do so. Recovery of appeals is based on the following criteria:

• residential development of more than 150 houses or on more than 6 hectares of land;
• retail developments of over 9,000 square metres;
• major proposals for the winning and working of minerals;
• proposals for major developments which could have wide effects beyond their immediate locality;
• proposals giving rise to substantial controversy beyond their immeidate locality;
• proposals which raise novel planning issues
• proposals which raise significant legal difficulties;
• proposals to which a Government Department has objected; or
• cases that can only be decided in conjunction with a case over which an Inspector has no jurisdiction.

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