Written question WQ87356
- Asked by
- Mark IsherwoodConservative
- To be answered by
- Minister for Climate Change
- Tabled
- Due
- Answered
- Time to answer
- 7 days
Question
Will the Minister confirm the circumstances, if any, in which a decision to refuse a proposal on the grounds that it would cause unacceptable adverse visual impacts on nearby communities and individual dwellings, in accordance with policy 18, point 2 of Future Wales, The National Plan 2040, can be overruled?
Answer
Answered by Minister for Climate Change
Future Wales Policy 18 applies to the determination of Developments of National Significance (DNS). DNSs are determined by the Welsh Ministers. The Welsh Ministers are the highest planning decision making authority.
All public law decisions, including those taken by Welsh Ministers in the planning context, can be legally challenged where a party with sufficient interest makes an application to the court within the prescribed time period and the court grants permission to allow that decision to be judicially reviewed. Such a challenge would be on the grounds of illegality, irrationality or procedural impropriety and would assess whether the public body acted lawfully and fairly, rather than looking at the merit of the decision itself.