If an authority has not decided a Rights of Way application within 12 months of receiving it, the applicant may, under Schedule 14, paragraph 3(2) to the Wildlife & Countryside At 1981, submit a Request for a Direction to the Welsh Ministers. The Welsh Ministers may, after consulting the authority, direct that the application be determined within a specified period but are not obliged to give such a direction.
If the Welsh Ministers decide not to give a direction it is open to the applicant to make a further application for a direction later if the authority continues to fail to make a decision on the application.
- When a Request is received by Planning and Environment Decisions Wales (PEDW), the Request is acknowledged
- A letter is then sent to the Council concerned, requesting, within 14 days, its reasons for not determining the application during the 12 month period.
- Once the response from the Council has been received, the reasons for non-determination are evaluated and a decision is issued to the applicant with a copy of the letter sent to the Council for information.