Planning (Wales) Act 2015

National Development Framework

60National Development Framework for Wales

1

There must be a plan, prepared and published by the Welsh Ministers, to be known as the National Development Framework for Wales.

2

The Framework must set out such of the policies of the Welsh Ministers in relation to the development and use of land in Wales as the Welsh Ministers consider appropriate.

3

The Framework may specify that development of a particular description, in a particular area or location, is to constitute development of national significance for the purposes of section 62D of the principal Act (development of national significance: applications to be made to Welsh Ministers).

4

The Framework must give reasons for—

a

the policies that it sets out, and

b

any provision that it makes as mentioned in subsection (3).

5

The Framework must explain how, in preparing the Framework, the Welsh Ministers have taken into account relevant policies set out in—

a

any marine plan adopted and published by them under Part 3 of the Marine and Coastal Access Act 2009, and

b

the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006.

6

The Framework must specify the period for which it is to have effect.

7

A plan ceases to be the National Development Framework for Wales on the expiry of the period specified under subsection (6).

60APreparation of Framework: statement of public participation

1

The Welsh Ministers must prepare and publish a statement of public participation setting out their policies relating to the consultation to be carried out in preparing the National Development Framework for Wales.

2

In particular, the statement must include provision about—

a

the form that the consultation will take,

b

when the consultation will take place, and

c

the steps that will be taken to involve members of the public in the preparation of the Framework.

3

The statement must provide that, as part of the consultation, the Welsh Ministers will—

a

publish a draft of the Framework, and

b

allow a period of 12 weeks beginning with the publication of the draft Framework during which any person may make representations with regard to the draft.

4

The Welsh Ministers may revise the statement, and must publish the statement as revised.

60BProcedure for preparation and publication of Framework

1

Before publishing the National Development Framework for Wales, the Welsh Ministers must—

a

prepare a draft of the Framework,

b

carry out an appraisal of the sustainability of the policies set out in the draft, and

c

carry out consultation in accordance with the statement of public participation.

2

The appraisal under subsection (1)(b) must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language.

3

If, after complying with subsection (1), the Welsh Ministers wish to proceed with the draft of the Framework (with or without changes), they must lay before the National Assembly for Wales—

a

the draft, and

b

a report which—

i

summarises the representations they received during the consultation carried out under subsection (1)(c), and

ii

explains how they have taken the representations into account.

4

The Welsh Ministers must have regard to—

a

any resolution passed by the National Assembly for Wales with regard to the draft Framework during the Assembly consideration period, and

b

any recommendation made by a committee of the National Assembly with regard to the draft during that period.

5

After the expiry of the Assembly consideration period, the Welsh Ministers—

a

may publish the National Development Framework for Wales in the terms of the draft laid under subsection (3), or

b

if they propose to make changes to that draft, may—

i

lay before the National Assembly for Wales an amended draft of the Framework, and

ii

publish the National Development Framework for Wales in the terms of the amended draft.

6

If any resolution was passed or any recommendation was made as mentioned in subsection (4), the Welsh Ministers must also, not later than the day on which the Framework is published, lay before the National Assembly for Wales a statement explaining how they have had regard to the resolution or recommendation.

7

In this section, “the Assembly consideration period” means the period of 60 days beginning with the day on which a draft of the Framework is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

60CReview and revision of Framework

1

The Welsh Ministers must keep the National Development Framework for Wales under review.

2

The Welsh Ministers may revise the Framework at any time, and must publish the Framework as revised.

3

Sections 60A and 60B apply for the purposes of the revision of the Framework, as if references to the Framework (or a draft of the Framework) were references to the Framework as revised (or a draft of the Framework as revised).

4

Subsection (5) applies if the Welsh Ministers, having published a draft of a revised Framework in accordance with the statement of public participation, decide not to proceed with the revision of the Framework.

5

The Welsh Ministers must—

a

publish notice of their decision and the reasons for it, and

b

if a draft of a revised Framework has been laid before the National Assembly for Wales under section 60B(3), lay a copy of the notice before the National Assembly.

6

Subsection (7) applies if—

a

a review period ends, and

b

the Welsh Ministers have not, within that period—

i

published a revised Framework, or

ii

laid a draft revised Framework before the National Assembly for Wales under section 60B(3).

7

As soon as reasonably practicable after the end of the review period, the Welsh Ministers must publish and lay before the National Assembly for Wales a statement—

a

setting out their assessment of whether the Framework should be revised and giving reasons for that assessment, and

b

if they consider that the Framework should be revised, setting out a timetable for its revision.

8

For the purposes of subsections (6) and (7)—

a

the first review period—

i

begins with the day on which the Framework is first published, and

ii

ends with the fifth anniversary of the day on which the Framework is first published or, if earlier, with the day on which a revised Framework is published;

b

each subsequent review period—

i

begins with the day after the last day of the preceding review period, and

ii

ends with the fifth anniversary of the last day of the preceding review period or, if earlier, with the day on which a revised Framework is published.

60HStrategic planning area: survey

1

A strategic planning panel must keep under review the matters which may be expected to affect the development of its strategic planning area or the planning of the development of that area.

2

Subsections (2) to (5) of section 61 apply in relation to a strategic planning panel as they apply in relation to a local planning authority.

3

In subsections (2) to (5) of section 61 as they apply by virtue of subsection (2)—

a

references to a local planning authority are to be construed as references to a strategic planning panel;

b

references to a neighbouring area are to be construed as references to a neighbouring strategic planning area.

60IStrategic development plan

1

A strategic planning panel must prepare a plan for its strategic planning area, to be known as a strategic development plan.

2

The plan must set out—

a

the panel's objectives in relation to the development and use of land in its area;

b

the panel's policies for the implementation of those objectives.

3

A strategic development plan must be in general conformity with the National Development Framework for Wales.

4

The plan must specify the period for which it is to have effect.

5

The Welsh Ministers may by regulations make provision about—

a

the period that may be specified under subsection (4);

b

the form and content of the plan.

6

In preparing a strategic development plan, the strategic planning panel must have regard to—

a

current national policies;

b

the National Development Framework for Wales;

c

the strategic development plan for any strategic planning area that adjoins the panel's area;

d

the local development plan for each area all or part of which is included in the panel's area;

e

the resources likely to be available for implementing the strategic development plan;

f

any other matters prescribed by the Welsh Ministers in regulations.

7

The panel must also—

a

carry out an appraisal of the sustainability of the plan;

b

prepare a report of the findings of the appraisal.

8

The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the strategic planning area.

9

A plan is a strategic development plan only in so far as it is—

a

adopted by resolution of the strategic planning panel as a strategic development plan, or

b

approved by the Welsh Ministers under section 65 or 71 (as they apply by virtue of section 60J).

10

The plan ceases to be a strategic development plan on the expiry of the period specified under subsection (4).

60JStrategic development plan: application of provisions of this Part

1

The provisions specified in subsection (3) apply in relation to a strategic development plan as they apply in relation to a local development plan.

2

Accordingly, where a provision specified in subsection (3) confers power for the Welsh Ministers to make provision by regulations in respect of a local development plan, that power is also exercisable so as to make provision in respect of a strategic development plan.

3

The provisions are sections 63 to 68, 68A(1), 69 to 71, 73 and 75 to 77.

4

In those provisions as they apply by virtue of subsection (1)—

a

references to a local planning authority are to be construed as references to a strategic planning panel;

b

references to a local development plan are to be construed as references to a strategic development plan.

5

In section 64(5)(a) as it applies by virtue of this section, the reference to section 62 is to be construed as a reference to section 60I.

6

In section 77(2)(a) as it applies by virtue of this section, the reference to section 62(6) is to be construed as a reference to section 60I(7).

—

a

the National Development Framework for Wales,

b

the strategic development plan for any strategic planning area that includes all or part of that area, and

c

the local development plan for that area

66Withdrawal of local development plan in accordance with direction

1

The Welsh Ministers may, at any time before a local development plan is adopted under section 67, direct the local planning authority to withdraw the plan.

2

If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so.

3

The authority must withdraw the plan in accordance with the direction.

66AWithdrawal of local development plan in absence of direction

1

This section applies where a local planning authority are not required to withdraw their local development plan under section 66.

2

Subject to the provisions of this section, the authority may withdraw the plan at any time before adopting it under section 67.

3

A local planning authority may not withdraw their local development plan when the Welsh Ministers have—

a

directed the authority to submit the plan for approval under section 65(4), or

b

taken any step under section 71 in connection with the plan.

4

A local planning authority may withdraw a local development plan that has been submitted for independent examination under section 64 only if—

a

the person carrying out the independent examination recommends that the plan is withdrawn, and

b

the recommendation is not overruled by a direction given by the Welsh Ministers.

5

A local planning authority may withdraw a local development plan to which subsection (6) applies only if—

a

the authority have given notice to the Welsh Ministers of their intention to withdraw the plan, and

b

the notice period has expired.

6

This subsection applies to a local development plan if the local planning authority—

a

have not yet submitted the plan for independent examination under section 64, but

b

have taken steps in connection with the preparation of the plan that are specified in regulations made by the Welsh Ministers.

7

Where a local planning authority have given notice under subsection (5)(a), the Welsh Ministers may, by direction to the authority, do either or both of the following—

a

require the authority to provide further information;

b

extend the notice period.

8

The Welsh Ministers may by regulations make provision about the giving of notices and directions under this section (including provision about their form and content and how they are to be given).

9

Subject to any direction given under subsection (7)(b) in a particular case, the “notice period” means whatever period, beginning with the giving of notice under subsection (5)(a), is specified in regulations made by the Welsh Ministers.

Wales: developments of national significance

62DDevelopments of national significance: applications to be made to Welsh Ministers

1

A nationally significant development application is to be made to the Welsh Ministers instead of to the local planning authority.

2

A nationally significant development application is an application for planning permission for the development of land in Wales, where the development to which the application relates is of national significance.

3

Development is of national significance for this purpose if it meets criteria specified in regulations made by the Welsh Ministers for the purposes of this section.

4

Development is also of national significance for this purpose if it is development that the National Development Framework for Wales specifies, under section 60(3) of the Planning and Compulsory Purchase Act 2004, is to constitute development of national significance for the purposes of this section.

5

The planning permission that may be granted on an application under this section does not include outline planning permission (and for this purpose “outline planning permission” has the meaning given in section 92).

6

An application within subsection (7) is not to be treated as being a nationally significant development application, unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

7

An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62ENotification of proposed application under section 62D

1

A person who proposes to make an application to the Welsh Ministers under section 62D must notify the following of the proposed application—

a

the Welsh Ministers, and

b

the local planning authority to which, but for section 62D, the application would be made.

2

The notification must comply with any requirements specified in a development order.

3

Those requirements may include requirements as to—

a

the form and content of a notification;

b

information that is to accompany the notification (including information about secondary consents in respect of which the person considers a decision should be made by the Welsh Ministers under section 62F, or otherwise relating to secondary consents);

c

the way in which and time in which the notification is to be given.

4

On receiving notification of an application from a person in accordance with this section, the Welsh Ministers must give notice to the person that the notification has been accepted.

5

Any step taken in respect of an application that is proposed to be made under section 62D, if taken before the date on which notice is given under subsection (4) in respect of the application, is not to be treated for the purposes of this Act as constituting consultation with any person about the application.

6

A development order may make provision about the giving of notice by the Welsh Ministers under subsection (4).

7

That provision may include provision—

a

about the form and content of the notice to be given under subsection (4);

b

about the way in which it is to be given;

c

about the period within which it is to be given (including provision about circumstances in which the Welsh Ministers may extend that period in a particular case).

8

In this section and sections 62F and 62G, “secondary consent” has the meaning given in section 62H.

62FDevelopments of national significance: secondary consents

1

Subsections (2) to (5) apply where—

a

an application (a “section 62D application”) is made to the Welsh Ministers under section 62D, and

b

the Welsh Ministers consider that—

i

a secondary consent is connected to the section 62D application, and

ii

having regard to their functions in respect of that section 62D application, the decision on that consent should be made by them.

2

Where the decision in respect of the secondary consent would (but for this section) be made by a person other than the Welsh Ministers, it is to be made by the Welsh Ministers.

3

For this purpose—

a

any application that is required to be made in respect of the secondary consent, and has not yet been made, is to be made to the Welsh Ministers instead of the person to whom it would otherwise be made, and

b

if an application has already been made in respect of the secondary consent to a person other than the Welsh Ministers, it is to be referred to the Welsh Ministers instead of being dealt with by that person.

4

Subject to the following provisions of this Act, in a case where (but for this section) the secondary consent would have been dealt with by another person, the secondary consent is to be dealt with by the Welsh Ministers as though the Welsh Ministers were that person.

5

The decision of the Welsh Ministers on the secondary consent is final.

6

A secondary consent is connected to a section 62D application, for the purposes of this section, if the secondary consent—

a

is required in order for the development to which the section 62D application relates to be carried out,

b

would facilitate the carrying out of that development, or

c

would facilitate any re-development or improvement, or the achievement of any other purpose, carried out on or in relation to land in connection with that development.

62GDevelopments of national significance: supplementary provision about secondary consents

1

The Welsh Ministers may give directions requiring the relevant person to do things in relation to a secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers.

2

The relevant person is the person by whom (but for section 62F) the decision as to whether to grant the secondary consent would have been made.

3

The power to give directions under this section includes power to vary or revoke the directions.

4

Regulations made by the Welsh Ministers may make provision for regulating the manner in which a secondary consent, or an application for secondary consent, is to be dealt with by the Welsh Ministers under section 62F.

5

That provision may include provision—

a

about consultation to be carried out by the Welsh Ministers before a secondary consent is granted or refused;

b

requiring a person to provide a substantive response to any consultation carried out by virtue of the regulations (including about the requirements of a substantive response and the period within which it is to be provided).

6

Regulations made by the Welsh Ministers may provide for an applicable enactment or requirement—

a

to apply, with or without modifications, in respect of a secondary consent within subsection (1), or an application for such a consent, or

b

not to apply in respect of such a consent or application.

7

For this purpose an applicable enactment or requirement, in relation to a secondary consent within subsection (1), or an application for such a consent, is—

a

any provision of or made under this Act, or of or made under any other enactment, in respect of consents of that kind;

b

any requirements imposed by or under this Act, or any other enactment, in respect of consents of that kind.

62HDevelopments of national significance: meaning of secondary consent

1

For the purposes of this Act, a “secondary consent” is—

a

a consent that is required under legislation, or is given under legislation, and that relates to, or is given in connection with, the development or use of land in Wales, or

b

a notice that is required by legislation to be given in relation to, or in connection with, the development or use of land in Wales,

and which, in either case, is of a description prescribed by regulations made by the Welsh Ministers.

2

A description of consent or notice may be prescribed under subsection (1) only if—

a

provision for that consent or notice would be within the legislative competence of the National Assembly for Wales, if the provision were contained in an Act of the National Assembly, and

b

the consent or notice is one that legislation provides is to be given by a body exercising functions of a public nature (whether or not the body also exercises any other function).

3

For the purposes of subsection (1)—

a

references to a consent include references to a permit, certificate, licence or other authorisation;

b

“legislation” means any of the following (whenever enacted or made)—

i

an Act of Parliament;

ii

a Measure or Act of the National Assembly for Wales;

iii

subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales).

62IRequirement to submit local impact report

1

This section applies where—

a

an application has been made to the Welsh Ministers under section 62D, and

b

the Welsh Ministers have taken steps, in respect of the application, that are specified in a development order for the purposes of this section.

2

The Welsh Ministers must give notice in writing to each relevant local planning authority, requiring the authority to submit a local impact report in respect of the application to the Welsh Ministers.

3

The notice must specify the deadline for receipt of the report by the Welsh Ministers.

4

An authority to which notice is given under this section must comply with it.

5

A local planning authority is a relevant local planning authority for the purposes of subsection (2) if the land to which the application relates, or any part of that land, is in the authority's area.

62JDuty to have regard to local impact report

1

In dealing with an application made to them under section 62D, the Welsh Ministers must have regard to any local impact report submitted to them by a local planning authority, in respect of the application, pursuant to a notice under section 62I.

2

In dealing with the application, the Welsh Ministers must also have regard to any voluntary local impact report submitted to them in respect of the application.

3

A voluntary local impact report is a local impact report submitted—

a

by a local planning authority in Wales otherwise than pursuant to a notice under section 62I, or

b

by a community council.

4

A development order may make provision about the submission of voluntary local impact reports to the Welsh Ministers (including provision about the manner in which a voluntary impact report is to be submitted, and the time at which it may be submitted).

5

The duty imposed by subsection (2) does not apply in respect of a voluntary local impact report submitted otherwise than in accordance with any provision made as described in subsection (4).

62KLocal impact report: supplementary

1

For the purposes of sections 62I and 62J, a local impact report, in respect of an application, is a report in writing that—

a

gives details of the likely impact of the proposed development on the area (or any part of the area) of the local planning authority or community council submitting the report, and

b

complies with any requirements specified in a development order as to the form and content of local impact reports (including any requirements specified as to information to be provided in respect of secondary consents).

2

For this purpose the “proposed development” is the development in respect of which the application in question is made.

62LTimetable for determining applications

1

This section applies where an application has been made to the Welsh Ministers under section 62D.

2

The Welsh Ministers must determine the application, and make any decision that is to be made by them by virtue of section 62F(2), before the end of the determination period.

3

The determination period is the period of 36 weeks beginning with the date on which the application under section 62D is accepted by the Welsh Ministers.

4

A development order may make provision about what constitutes acceptance of an application for the purposes of subsection (3).

5

The Welsh Ministers may by notice—

a

suspend the running of the determination period in a particular case for a period specified in the notice;

b

terminate, reduce or extend an existing period of suspension.

6

Notice under subsection (5) must be given to—

a

the person who made the application under section 62D,

b

the local planning authority to which, but for section 62D, that application would have been made, and

c

any representative persons (within the meaning of section 319B(8A)) the Welsh Ministers consider appropriate.

7

A development order may make provision about the giving of notice under subsection (5) (including provision about the information to be included in the notice and how and when it is to be given).

8

The Welsh Ministers must lay before the National Assembly for Wales annual reports on—

a

their compliance with the duty imposed by subsection (2), and

b

their exercise of the functions conferred by subsection (5).

9

The Welsh Ministers may by order amend subsection (3) to substitute a different period as the determination period.

Wales: option to make application to Welsh Ministers

62MOption to make application directly to Welsh Ministers

1

If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers.

2

The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section.

3

The second condition is that—

a

the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or

b

the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b),

is development of a description prescribed by regulations made by the Welsh Ministers.

4

A qualifying application, for the purposes of this section, is—

a

an application for planning permission for the development of land in Wales, provided that the development to which it relates is not development of national significance for the purposes of section 62D;

b

an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales.

5

But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

6

An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62NDesignation for the purposes of section 62M

1

In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions.

2

The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria.

3

The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales.

4

The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document.

5

The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit.

6

In this section, “the 21-day period” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

7

The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority.

8

The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7).

9

An urban development corporation may not be designated for the purposes of section 62M.

62OOption to make application to Welsh Ministers: connected applications

1

This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M.

2

A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application.

3

A connected application, for this purpose, is an application under the planning Acts that—

a

relates to land in Wales,

b

is an application of a description prescribed by regulations made by the Welsh Ministers, and

c

is considered by the person making it to be connected to the principal application.

4

Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider—

a

that the application is not connected to the principal application, or

b

that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers.

5

The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority.

6

An application referred to an authority under subsection (5)—

a

is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and

b

is to be determined by the authority accordingly.

7

A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).

Applications made to Welsh Ministers: general

62PApplications to the Welsh Ministers: supplementary

1

A decision of the Welsh Ministers on an application made to them under section 62D, 62M or 62O is final.

2

The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section 62D or 62M that would otherwise have been made to the authority.

3

The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority.

4

Directions given under this section—

a

may relate to a particular application or description of application, or to applications generally;

b

may be given to a particular authority or description of authority, or to authorities generally.

5

The power to give directions under this section includes power to vary or revoke the directions.

62QNotifying community councils of applications made to Welsh Ministers

1

This section applies if—

a

an application is made to the Welsh Ministers under section 62D, 62F, 62M or 62O, and

b

a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications).

2

The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A.

3

The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A.

4

The “relevant local planning authority”, for this purpose, is—

a

in the case of an application under section 62D or section 62M, the local planning authority to which (but for the section in question) the application would have been made;

b

in the case of an application under section 62F or 62O which (but for the section in question) would have been made to a local planning authority, that authority.

62RPower to make provision by development order in respect of applications to Welsh Ministers

1

A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section 62D, 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section 62F, 62M or 62O, is to be dealt with by the Welsh Ministers.

2

That provision may include provision about—

a

consultation to be carried out by the Welsh Ministers;

b

the variation of an application.

71ZBNotification of initiation of development and display of notice: Wales

1

Before beginning any development to which a relevant planning permission relates, a person must give to the local planning authority notice—

a

stating the date on which the development is to begin;

b

giving details of the planning permission and of such other matters as may be specified by a development order.

2

A person carrying out development to which a relevant planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a copy of any notice of a decision to grant it.

3

A notice under subsection (1) must be in the form specified by a development order; and a copy of a notice to grant planning permission displayed under subsection (2) must be in a form specified by, and must be displayed in accordance with, such an order.

4

A notice of a decision to grant a relevant planning permission must set out the duties imposed by subsections (1) to (3).

5

A relevant planning permission is deemed to be granted subject to the condition that the duties imposed by subsections (1) to (3) must be complied with.

6

For the purposes of this section a relevant planning permission is a planning permission of a description specified by a development order for the development of land in Wales.

Consultation etc in respect of certain applications relating to planning permission: Wales

100AWales: consultation etc in respect of certain applications relating to planning permission

1

A development order may provide that a local planning authority in Wales to which an application within subsection (5) (a “relevant application”) is made are not to determine the application before the end of a period specified in the order.

2

If a local planning authority in Wales to which a relevant application is made consult a statutory consultee about the application, the consultee must give a substantive response.

3

That response must be given before the end of—

a

a period specified in a development order, or

b

if the consultee and the authority agree otherwise in writing, whatever period is specified in their agreement.

4

A development order may make provision—

a

about information that is to be provided by a local planning authority to a statutory consultee for the purposes of, or in connection with, consultation about a relevant application;

b

about the requirements of a substantive response;

c

requiring a statutory consultee consulted about a relevant application to give a report to the Welsh Ministers about the consultee's compliance with subsections (2) and (3) (including provision as to the form and content of the report, and the time at which it is to be made).

5

An application is within this subsection if it is—

a

an application for approval of reserved matters (within the meaning of section 92);

b

an application for any other consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted;

c

an application under section 96A(4) (non-material changes to planning permission).

6

References in this section to a statutory consultee, in relation to a relevant application, are to a person whom, by virtue of section 71 or section 74, the local planning authority was required to consult before determining the original application.

7

The original application, in relation to a relevant application, is—

a

in the case of an application within subsection (5)(a) or (b), the application for the planning permission in accordance with which the application for approval, consent or agreement is made;

b

in the case of an application within subsection (5)(c), the application for the planning permission to which the application under section 96A(4) relates.

5C

A joint planning board constituted under section 2(1B) of the principal Act for a united district in Wales is the hazardous substances authority for land in the united district unless subsection (4) or (5) applies.

4AA

An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—

a

the land to which the application relates is in Wales,

b

granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and

c

on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.

4AB

An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—

a

the land to which the application relates is in Wales,

b

an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and

c

on the determination of that appeal, the condition was not discharged under section 177.

2D

An appeal against an enforcement notice may not be brought on the ground that planning permission ought to be granted in respect of a breach of planning control constituted by a matter stated in the notice, as specified in subsection (2)(a), if—

a

the land to which the enforcement notice relates is in Wales, and

b

the enforcement notice was issued after a decision to refuse planning permission for a related development was upheld on an appeal under section 78 (and for this purpose development is “related” if granting planning permission for it would involve granting planning permission in respect of the matter concerned).

2E

An appeal may not be brought on the ground that a condition or limitation ought to be discharged, as specified in subsection (2)(a), if—

a

the land to which the enforcement notice relates is in Wales, and

b

the enforcement notice was issued after a decision to grant planning permission subject to the condition or limitation was upheld on an appeal under section 78.

2F

For the purposes of subsections (2D) and (2E), references to a decision that has been upheld on an appeal include references to a decision in respect of which—

a

the Welsh Ministers have, under section 79(6), declined to determine an appeal or to proceed with the determination of an appeal;

b

an appeal has been dismissed under section 79(6A).

322CCosts: Wales

1

This section applies in relation to any application, appeal or reference under this Act to the Welsh Ministers (whether it is considered at an inquiry or hearing or on the basis of written representations).

2

The costs incurred by the Welsh Ministers in relation to the application, appeal or reference (or so much of them as the Welsh Ministers may direct) are to be paid by the applicant, appellant or person making the reference, or such local planning authority or other party to the application, appeal or reference, as the Welsh Ministers may direct.

3

Costs incurred by the Welsh Ministers in relation to an application, appeal or reference include the entire administrative cost incurred in connection with it so that, in particular, there shall be treated as costs incurred by the Welsh Ministers such reasonable sum as the Welsh Ministers may determine in respect of general staff costs and overheads of the Welsh Government.

4

The costs to which subsection (2) applies include costs in respect of an inquiry or hearing that does not in the event take place and costs incurred in reviewing planning obligations (within the meaning of section 106).

5

The Welsh Ministers may by regulations prescribe a standard daily amount for cases involving an inquiry or hearing of any description or cases of any description considered on the basis of representations in writing; and where an inquiry or hearing of that description takes place or a case of that description is considered on the basis of representations in writing, the costs incurred by the Welsh Ministers are to be taken to be—

a

the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which a prescribed person is engaged in dealing with the case;

b

costs actually incurred in connection with dealing with the case on travelling or subsistence allowances or the provision of accommodation or other facilities;

c

any costs attributable to the appointment of prescribed persons to assist in dealing with the case;

d

any legal costs or disbursements incurred or made by or on behalf of the Welsh Ministers in connection with the case.

6

The Welsh Ministers may make orders as to the costs of the applicant or appellant or any other party to the application, appeal or reference, and as to the person or persons by whom the costs are to be paid.

323AProcedure for certain proceedings: Wales

1

The Welsh Ministers may by regulations prescribe the procedure to be followed in connection with—

a

an inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of this Act;

b

proceedings on an application, appeal or reference that, under or by virtue of any provision of this Act, is to be considered by or on behalf of the Welsh Ministers on the basis of representations in writing.

2

The regulations may include provision—

a

about the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;

b

about the conduct of proceedings.

3

The regulations may include provision about the procedure to be followed—

a

where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,

b

where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or

c

where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.

4

The regulations may—

a

provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents,

b

prescribe the time limit (which may be different for different classes of proceedings) or enable the Welsh Ministers to give directions setting the time limit in a particular case or class of case,

c

enable the Welsh Ministers to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

d

enable the Welsh Ministers, after giving the parties written notice of their intention to do so, to proceed to a decision even though no written representations were made within the time limit, if it appears to them that they have sufficient material before them to enable them to reach a decision on the merits of the case.

5

The regulations may also make provision as to the circumstances in which—

a

a direction under section 322C(2) may be given;

b

an order for costs under section 322C(4) may be made.

6

The Welsh Ministers may by regulations provide that in prescribed circumstances a matter may not be raised in proceedings on an appeal made under or by virtue of this Act to the Welsh Ministers unless it has been previously raised before a prescribed time or it is shown that it could not have been raised before that time.