Planning (Wales) Act 2015

PART 1 E+W INTRODUCTION

1 Overview of this Act E+W

(1) This Part provides an overview of this Act.

(2) Part 2 of this Act makes provision about sustainable development in the exercise of functions relating to development planning and applications for planning permission.

(3) Part 3 of this Act is about development planning in Wales. It makes provision—

(a) for the preparation and revision of a National Development Framework for Wales;

(b) for the designation of strategic planning areas, the establishment of strategic planning panels and the preparation of strategic development plans;

(c) about the status of the National Development Framework for Wales and strategic development plans;

(d) about local development plans (including provision about the duration of plans, withdrawal of plans and directions to prepare joint plans);

(e) for joint planning boards to exercise development planning functions.

(4) Part 3 also makes provision about the constitution and financial arrangements of strategic planning panels.

(5) Part 4 of this Act makes provision about—

(a) consultation to be carried out by a prospective applicant for planning permission;

(b) pre-application services that are to be provided by a local planning authority or the Welsh Ministers.

(6) Part 5 of this Act is about the making of certain applications to the Welsh Ministers. It makes provision—

(a) for applications for planning permission for development of national significance in Wales to be made to the Welsh Ministers instead of a local planning authority;

(b) for certain other applications to be made to either the Welsh Ministers or a local planning authority.

(7) Part 5 also makes provision—

(a) for certain functions of the Welsh Ministers, in respect of applications made to them, to be exercised by an appointed person;

(b) for further amendments to existing legislation in connection with the making of applications to the Welsh Ministers.

(8) Part 6 of this Act is about development management and associated matters. It makes provision about—

(a) requirements relating to planning applications, including provision for appeals where a local planning authority give notice that an application is not valid;

(b) notices of decisions to grant planning permission;

(c) notification of beginning development for which permission has been granted;

(d) the duration of planning permission;

(e) consultation in respect of applications for approval of reserved matters and certain other applications;

(f) arrangements to be made by local planning authorities for discharging their functions relating to planning applications.

(9) Part 6 also—

(a) applies to Wales existing statutory provision about circumstances in which a local planning authority may decline to determine a retrospective application;

(b) makes provision about the stopping up of public paths;

(c) makes provision about the functions of joint planning boards and about the power of the Welsh Ministers to establish joint planning boards.

(10) Part 7 of this Act is about enforcement, appeals and certain other planning proceedings. It makes provision—

(a) enabling local planning authorities to issue enforcement warning notices;

(b) about circumstances in which a person who appeals against an enforcement notice is deemed to have applied for planning permission;

(c) about circumstances in which a person may not appeal against the refusal of an application for planning permission or against an enforcement notice;

(d) preventing the variation of certain applications once notice of an appeal has been served;

(e) for appeals against notices in respect of land adversely affecting amenity to be made to the Welsh Ministers;

(f) about the procedure for certain proceedings and the payment and award of costs.

(11) Part 8 is about town and village greens. It makes provision—

(a) restricting the circumstances in which applications to register land as a town or village green may be made;

(b) about the determination of fees in relation to applications.

(12) Part 9 contains provisions that apply generally for the purposes of this Act (including provision about the making of subordinate legislation by the Welsh Ministers and about the interpretation and coming into force of the Act).

PART 2 E+W SUSTAINABLE DEVELOPMENT

2 Sustainable development E+W

(1) This section applies to the exercise by the Welsh Ministers, a local planning authority in Wales or any other public body—

(a) of a function under Part 6 of PCPA 2004 in relation to the National Development Framework for Wales, a strategic development plan or a local development plan;

(b) of a function under Part 3 of TCPA 1990 in relation to an application for planning permission made (or proposed to be made) to the Welsh Ministers or to a local planning authority in Wales.

(2) The function must be exercised, as part of carrying out sustainable development in accordance with the Well-being of Future Generations (Wales) Act 2015 (anaw 2), for the purpose of ensuring that the development and use of land contribute to improving the economic, social, environmental and cultural well-being of Wales.

(3) In complying with subsection (2), a public body must take into account guidance issued by the Welsh Ministers (including relevant guidance issued under section 14 of the Well-being of Future Generations (Wales) Act 2015).

(4) In this section, “public body” has the meaning given by section 6 of the Well-being of Future Generations (Wales) Act 2015.

(5) Nothing in this section, as it applies in relation to functions under Part 3 of TCPA 1990, alters—

(a) whether regard is to be had to any particular consideration under subsection (2) of section 70 of that Act (determination of applications for planning permission), or

(b) the weight to be given to any consideration to which regard is had under that subsection.

(6) In section 39 of PCPA 2004 (sustainable development)—

(a) in subsection (1), omit paragraph (c);

(b) in subsection (3), omit paragraph (b).

Commencement Information

I1 S. 2 in force at 1.4.2016 by S.I. 2015/1987, art. 5(a) (with art. 6)

PART 3 E+W DEVELOPMENT PLANNING

National Development Framework for Wales E+W

3 Preparing and revising the National Development Framework for Wales E+W

In PCPA 2004, for section 60 (and the cross-heading before it) substitute—

“National Development Framework E+W

60 National 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).

60A Preparation 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.

60B Procedure 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.

60C Review 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.”

Commencement Information

I2 S. 3 partly in force; s. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I3 S. 3 in force at 4.1.2016 for specified purposes by S.I. 2015/1987, art. 2 (with art. 7)

I4 S. 3 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216, reg. 2(a)

F1 ... E+W

Textual Amendments

F1 Ss. 4-6 and cross-heading omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 10

F1 4 Designating strategic planning areas and establishing strategic planning panels E+W

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F1 5 Strategic planning areas: survey E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 6 Preparing and revising strategic development plans E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status of National Development Framework and strategic development plans E+W

7 Conformity of certain plans and schemes with National Development Framework and strategic development plan E+W

(1) In section 62 of PCPA 2004 (local development plan), after subsection (3) insert—

“(3A) The plan must be in general conformity with—

(a) the National Development Framework for Wales, and

(b) the strategic development plan for any strategic planning area that includes all or part of the area of the authority.”

(2) In section 83 of TCPA 1990 (making of simplified planning zone schemes), after subsection (3) insert—

“(3A) A simplified planning zone scheme for an area in Wales must be in general conformity with—

(a) the National Development Framework for Wales (see sections 60 to 60C of the Planning and Compulsory Purchase Act 2004), and

(b) the strategic development plan for any strategic planning area that includes all or part of the simplified planning zone (see sections 60I and 60J of that Act).”

Commencement Information

I5 S. 7 partly in force; s. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I6 S. 7 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216, reg. 2(a)

8 Duty to consider whether to review local development plan E+W

(1) In PCPA 2004, after section 68 insert—

“68A Duty to consider whether to review local development plan

(1) Following the publication of the National Development Framework for Wales or a revised Framework, a local planning authority must consider whether to carry out a review of their local development plan.

(2) Following the adoption or approval of a strategic development plan or revised strategic development plan for a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area must consider whether to carry out a review of their local development plan.”

(2) In section 69 of PCPA 2004 (review of local development plan), in subsection (1), for “at such times as the Assembly prescribes” substitute “—

(a) if, after consideration under section 68A, they think that the plan should be reviewed, and

(b) at such other times as the Welsh Ministers prescribe”.

Commencement Information

I7 S. 8 partly in force; s. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I8 S. 8 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216, reg. 2(a)

9 National Development Framework and strategic development plan to form part of development plan E+W

In section 38 of PCPA 2004 (development plan), in subsection (4) (areas in Wales), for “the local development plan adopted or approved in relation to that area” substitute “—

(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”.

Commencement Information

I9 S. 9 partly in force; s. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I10 S. 9 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216, reg. 2(a)

Blighted land E+W

10 Land affected by National Development Framework or strategic development plan E+W

(1) Schedule 13 to TCPA 1990 (blighted land) is amended as set out in subsections (2) to (6).

(2) In paragraph 1B (land in Wales identified for the purposes of relevant public functions by a local development plan), after “local development plan” insert “ or strategic development plan ”.

(3) In Note (1) to that paragraph, for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(4) In Note (2) to that paragraph—

(a) in the opening words and in paragraph (a), after “local development plan” insert “ or strategic development plan ”;

(b) in paragraph (b), for “a local development plan” substitute “ such a plan ”;

(c) in paragraph (c)—

(i) after “local development plan” insert “ or strategic development plan ”;

(ii) for “National Assembly” substitute “ Welsh Ministers ”;

(d) in paragraph (d)—

(i) for “a local development plan” substitute “ such a plan ”;

(ii) for “National Assembly” substitute “ Welsh Ministers ”.

(5) In Note (4) to that paragraph—

(a) omit “local development”;

(b) for “National Assembly”, in each place, substitute “ Welsh Ministers ”.

(6) After paragraph 1B insert—

“1C Land in Wales which is identified for the purposes of relevant public functions (within the meaning of paragraph 1B) by the National Development Framework for Wales.

Notes

(1)

In this paragraph, the reference to the National Development Framework for Wales is a reference to—

(a)

the National Development Framework for Wales, or a revised Framework, which is published under sections 60 to 60C of the Planning and Compulsory Purchase Act 2004, and

(b)

a draft of the Framework, or of a revised Framework, which has been laid before the National Assembly for Wales under section 60B(3) of that Act.

(2)

This paragraph does not apply to land that falls within paragraph 1B.

(3)

Note (1)(b) ceases to apply in relation to a draft of a revised Framework if the Welsh Ministers lay before the National Assembly for Wales a copy of a notice that they have decided not to proceed with the revision of the Framework.”

(7) In TCPA 1990, after the cross-heading before section 165 insert—

“164A Power of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice served

“164A Where a blight notice has been served in respect of land falling within paragraph 1C of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.”

(8) In section 170 of TCPA 1990 (“appropriate enactment” for purposes of blight provisions)⁠—

(a) in subsection (2), after “land falling within paragraph” insert “ 1B, 1C, ”;

(b) after subsection (2) insert—

“(2A) In relation to land falling within—

(a) paragraph 1B of that Schedule by virtue of Note (2)(c) or (d) to that paragraph, or

(b) paragraph 1C of that Schedule by virtue of Note (1)(b) to that paragraph,

“the appropriate enactment” is to be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to any such plan, revision or draft as is mentioned in the Note in question.”

Commencement Information

I11 S. 10 partly in force; s. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I12 S. 10 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216, reg. 2(a)

Local development plans E+W

11 Welsh language E+W

(1) PCPA 2004 is amended as follows.

(2) In section 61 (survey), in subsection (2)(a), after “area of the authority” insert “ (including the extent to which the Welsh language is used in the area) ”.

(3) In section 62 (local development plan), after subsection (6) (sustainability appraisal), insert—

“(6A) The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area of the authority.”

Commencement Information

I13 S. 11 partly in force; s. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I14 S. 11 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987, art. 3(a) (with art. 6)

12 Period for which local development plan has effect E+W

(1) Section 62 of PCPA 2004 (local development plan) is amended as follows.

(2) Before subsection (4) insert—

“(3B) The plan must specify the period for which it is to have effect.”

(3) In subsection (4), after “may” insert “—

(a) make provision about the period that may be specified under subsection (3B);

(b)”.

(4) After subsection (8) insert—

“(9) A plan ceases to be a local development plan on the expiry of the period specified under subsection (3B).”

Commencement Information

I15 S. 12 partly in force; s. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I16 S. 12 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987, art. 3(b)

13 Withdrawal of local development plan E+W

For section 66 of PCPA 2004 (withdrawal of local development plan) substitute—

“66 Withdrawal 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.

66A Withdrawal 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.”

Commencement Information

I17 S. 13 partly in force; s. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I18 S. 13 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987, art. 3(c)

14 Welsh Ministers' power to direct preparation of joint local development plan E+W

(1) Section 72 of PCPA 2004 (joint local development plans) is amended as follows.

(2) Before subsection (1) insert—

“(A1) The Welsh Ministers may direct two or more local planning authorities to prepare a joint local development plan.

(A2) But a direction under subsection (A1) may not be given to a National Park authority.”

(3) In subsection (1), after “may” insert “ , in the absence of a direction to any of them under subsection (A1), ”.

(4) After subsection (1) insert—

“(1A) If the Welsh Ministers give a direction under subsection (A1), they must state their reasons for doing so.

(1B) The authorities to which a direction is given must, subject to any withdrawal or variation of the direction, act jointly in exercising their functions under this Part relating to local development plans.”

(5) In subsection (3), after “mentioned in subsection” insert “ (A1) or ”.

(6) In subsection (4), after “if” insert “—

(a) the Welsh Ministers withdraw a direction under subsection (A1) or vary such a direction so that it ceases to apply to a local planning authority, or

(b)”.

(7) In subsection (5)—

(a) in paragraph (a), after “authority” insert “ to which the direction was given or ”;

(b) in paragraph (b), for “who” substitute “ to which the direction was given or which ”.

(8) In subsection (6), after “to which the” insert “ direction or ”.

(9) In subsection (7), after “authority” insert “ to which the direction was given or ”.

(10) After subsection (7) insert—

“(7A) The Welsh Ministers may by regulations—

(a) specify circumstances in which subsections (5) and (7) are not to apply in relation to an authority;

(b) make provision as to what is a corresponding plan or corresponding joint local development plan.”

Commencement Information

I19 S. 14 partly in force; s. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I20 S. 14 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987, art. 3(d)

15 Joint planning boards: functions relating to surveys and local development plans E+W

(1) PCPA 2004 is amended as follows.

(2) In section 78 (interpretation of Part 6), for subsection (3) substitute—

“(3) But—

(a) a National Park authority is the local planning authority for the whole of its area;

(b) a joint planning board is the local planning authority for the whole of its united district (and references to the area of a local planning authority are, in relation to such a board, to be construed as references to its united district).”

(3) In section 62 (local development plan), in subsection (7) (relevant local well-being plan), after paragraph (b) insert—

“(c) in the case of an authority which is a joint planning board, the public services board for an area that includes any part of that authority's united district.”

Commencement Information

I21 S. 15 partly in force; s. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I22 S. 15(1)(2) in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987, art. 4(a)

I23 S. 15(3) in force at 1.4.2016 in so far as not already in force by S.I. 2015/1987, art. 5(b)

General E+W

16 Development planning: further amendments E+W

For further amendments relating to development planning, see Schedule 2.

Commencement Information

I24 S. 16 partly in force; s. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I25 S. 16 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216, reg. 2(a)

PART 4 E+W PRE-APPLICATION PROCEDURE

17 Requirement to carry out pre-application consultation E+W

(1) TCPA 1990 is amended as follows.

(2) After section 61Y insert—

“Wales: pre-application procedure E+W

61Z Wales: requirement to carry out pre-application consultation

(1) This section applies where—

(a) a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and

(b) the proposed development is development of a description specified in a development order.

(2) The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4).

(3) The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land.

(4) The applicant must consult each specified person about the proposed application.

(5) Publicity under subsection (3) must—

(a) set out how the applicant may be contacted by persons wishing to comment on the proposed development;

(b) give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(6) For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order.

(7) Subsection (2) does not apply—

(a) if the proposed application is an application under section 293A, or

(b) in cases specified in a development order.

(8) A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)).

(9) That provision may include —

(a) provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(b) provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time);

(c) provision about the timetable (including deadlines) for consultation;

(d) provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).”

(3) In section 62 (applications for planning permission), after subsection (8) insert—

“(9) In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—

(a) has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and

(b) is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).

(10) A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—

(a) how the applicant complied with section 61Z;

(b) any responses to the consultation received from persons consulted under section 61Z(3) or (4);

(c) the account taken of those responses.

(11) A development order may make provision about the form and content of the pre-application consultation report.”

(4) In the title of section 61W, for “Requirement” substitute “ England: requirement ”.

(5) In the cross-heading before that section, for “Consultation” substitute “ England: consultation ”.

Commencement Information

I26 S. 17 partly in force; s. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I27 S. 17 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(a) (with art. 6)

18 Requirement to provide pre-application services E+W

In TCPA 1990, after section 61Z (as inserted by section 17) insert—

“61Z1 Wales: pre-application services

(1) The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers.

(2) Regulations under this section may, in particular, make provision—

(a) about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);

(b) about the nature of the services required to be provided, and when and how they are to be provided;

(c) for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers;

(d) about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.

(3) References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application.

(4) A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers.

61Z2 Pre-application services: records and statement of services

(1) The Welsh Ministers may by regulations make provision requiring—

(a) records to be kept of requests for pre-application services;

(b) records to be kept of pre-application services provided;

(c) a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available.

(2) The regulations may, in particular, include provision about—

(a) the form and content of the records to be kept;

(b) the form and content of the statement;

(c) the way in which records are to be kept;

(d) the publication of the statement and the persons to whom, and circumstances in which, it is to be made available.

(3) Regulations under this section or section 61Z1 may contain incidental, supplementary and consequential provision.”

Commencement Information

I28 S. 18 partly in force; s. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I29 S. 18 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(a)

PART 5 E+W APPLICATIONS TO WELSH MINISTERS

Developments of national significance E+W

19 Developments of national significance: applications for planning permission E+W

In TCPA 1990, after section 62C insert—

“Wales: developments of national significance E+W

62D Developments 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.

62E Notification 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.”

Commencement Information

I30 S. 19 partly in force; s. 19 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I31 S. 19 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(a) (with art. 7)

20 Developments of national significance: secondary consents E+W

In TCPA 1990, after section 62E (as inserted by section 19) insert—

“62F Developments 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.

62G Developments 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.

62H Developments 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).”

Commencement Information

I32 S. 20 partly in force; s. 20 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I33 S. 20 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(a)

21 Developments of national significance: local impact reports E+W

In TCPA 1990, after section 62H (as inserted by section 20) insert—

“62I Requirement 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.

62J Duty 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).

62K Local 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.”

Commencement Information

I34 S. 21 partly in force; s. 21 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I35 S. 21 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(a)

22 Timetable for determining applications E+W

In TCPA 1990, after section 62K (as inserted by section 21) insert—

“62L Timetable 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.”

Commencement Information

I36 S. 22 partly in force; s. 22 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I37 S. 22 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(a)

Option to make application to Welsh Ministers E+W

23 Option to make application to Welsh Ministers E+W

In TCPA 1990, after section 62L (as inserted by section 22) insert—

“Wales: option to make application to Welsh Ministers E+W

62M Option 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.

62N Designation 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.

62O Option 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)).”

Commencement Information

I38 S. 23 partly in force; s. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

General E+W

24 Further provision about applications made to Welsh Ministers E+W

In TCPA 1990, after section 62O (as inserted by section 23) insert—

“Applications made to Welsh Ministers: general E+W

62P Applications 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.

62Q Notifying 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.”

Commencement Information

I39 S. 24 partly in force; s. 24 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I40 S. 24 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(a)

25 Power to make provision by development order in respect of applications to Welsh Ministers E+W

In TCPA 1990, after section 62Q (as inserted by section 24) insert—

“62R Power 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.”

Commencement Information

I41 S. 25 partly in force; s. 25 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I42 S. 25 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(a)

26 Developments of national significance and applications made to Welsh Ministers: exercise of functions by appointed person E+W

(1) In TCPA 1990, after section 62R (as inserted by section 25) insert—

“62S Exercise of functions by appointed person

Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers.”

(2) For provision about the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers, see Schedule 3.

Commencement Information

I43 S. 26 partly in force; s. 26 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I44 S. 26 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(a)

27 Applications to Welsh Ministers: further amendments E+W

For further amendments relating to applications to the Welsh Ministers, see Schedule 4.

Commencement Information

I45 S. 27 partly in force; s. 27 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I46 S. 27 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(a)

PART 6 E+W DEVELOPMENT MANAGEMENT ETC

Requirements for applications to local planning authorities E+W

28 Power of local planning authority to require information with application E+W

In section 62 of TCPA 1990 (applications for planning permission), in subsection (4A) (power of local planning authority to require particulars and evidence: reasonableness), omit “for planning permission for development of land in England”.

Commencement Information

I47 S. 28 partly in force; s. 28 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I48 S. 28 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(a) (with art. 8)

29 Invalid applications: notice and appeal E+W

(1) TCPA 1990 is amended as follows.

(2) After section 62 insert—

“Wales: appeal against notice that application is not valid E+W

62ZA Wales: notice that application is not valid

(1) This section applies where an application is made to a local planning authority in Wales—

(a) for planning permission, or

(b) for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted.

(2) In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect.

(3) The notice must—

(a) identify the requirement in question, and

(b) set out the authority's reasons for thinking the application does not comply with it.

(4) In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that—

(a) the application does not comply with the terms of the planning permission in question, or

(b) a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application,

by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner).

(5) The notice must identify—

(a) the information, documents or materials in question, and

(b) the paragraph of subsection (4) which the authority think applies.

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

(7) A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that—

(a) the local planning authority must not entertain the application (see section 327A), or

(b) the period prescribed under section 78(2) does not begin to run in relation to the application.

62ZB Right to appeal to Welsh Ministers against notice

(1) If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers.

(2) In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds⁠—

(a) that the application complies with the requirement identified in the notice given under section 62ZA(2);

(b) that the application is not one to which the requirement applies;

(c) that the requirement is not a validation requirement in relation to the application;

(d) in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section.

(3) In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds—

(a) that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4);

(b) in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission;

(c) in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided.

(4) The appeal must be made by giving notice that complies with any requirements prescribed by a development order.

(5) The requirements may relate to how and when the notice is to be given and the information that is to accompany it.

(6) The appeal is to be determined on the basis of representations in writing.

(7) The Welsh Ministers must either—

(a) dismiss the appeal, or

(b) quash or vary the notice to which it relates.

(8) The Welsh Ministers' decision on the appeal is final.

62ZC Appeals under section 62ZB: determination by appointed person

(1) Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers.

(2) In this section and section 62ZD, “appointed person” means a person appointed under subsection (1).

(3) At any time before an appointed person determines an appeal, the Welsh Ministers may—

(a) revoke the person's appointment, and

(b) appoint another person under subsection (1) to determine the appeal.

(4) An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A.

(5) An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers.

(6) The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.

62ZD Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person

(1) The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.

(2) The Welsh Ministers must serve a copy of the direction on—

(a) the person (if any) appointed to determine the appeal,

(b) the appellant, and

(c) the local planning authority.

(3) In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.

(4) The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.

(5) The Welsh Ministers must serve a copy of a direction under subsection (4) on—

(a) the person (if any) previously appointed to determine the appeal,

(b) the appellant, and

(c) the local planning authority.

(6) Where the Welsh Ministers give a direction under subsection (4)—

(a) they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;

(b) anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;

(c) subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.”

(3) In section 79 (determination of appeals under section 78), after subsection (1) insert—

“(1A) On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.

(1B) But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.”

Commencement Information

I49 S. 29 partly in force; s. 29 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I50 S. 29 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(a) (with arts. 9, 10)

30 Revocation of saving of Town and Country Planning (Applications) Regulations 1988 E+W

Article 3 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007 (S.I. 2007/1369) (which continues in effect the Town and Country Planning (Applications) Regulations 1988) is revoked.

Commencement Information

I51 S. 30 partly in force; s. 30 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I52 S. 30 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(a)

Determination of applications for planning permission E+W

31 Welsh language E+W

(1) Section 70 of TCPA 1990 (determination of applications: general considerations) is amended as follows.

(2) In subsection (2), after paragraph (a) insert—

“(aa) any considerations relating to the use of the Welsh language, so far as material to the application;”.

(3) After subsection (2) insert—

“(2ZA) Subsection (2)(aa) applies only in relation to Wales.”

(4) The amendments made by this section do not alter—

(a) whether regard is to be had to any particular consideration under subsection (2) of section 70 of TCPA 1990, or

(b) the weight to be given to any consideration to which regard is had under that subsection.

Commencement Information

I53 S. 31 partly in force; s. 31 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I54 S. 31 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987, art. 3(e)

32 Power to decline to determine retrospective application E+W

In section 70C of TCPA 1990 (power to decline to determine retrospective application), in subsection (1), omit “in England”.

Commencement Information

I55 S. 32 partly in force; s. 32 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I56 S. 32 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b) (with art. 11)

Decision notices and notification of development E+W

33 Decision notices E+W

(1) TCPA 1990 is amended as follows.

(2) After section 71 insert—

“71ZA Decision notices: Wales

(1) A development order may include provision as to—

(a) the form of decision notices,

(b) the manner in which decision notices are to be given, and

(c) the particulars to be contained in decision notices.

(2) A decision notice must specify any plans or other documents in accordance with which the development to which it relates is to be carried out.

(3) Where the decision notice relating to a development specifies any plans or other documents in accordance with which the development is to be carried out, the planning permission relating to the development is deemed to be granted subject to the condition that the development must be carried out in accordance with those plans or other documents.

(4) Subsection (5) applies where, after planning permission is granted in respect of a development in Wales—

(a) a local planning authority or the Welsh Ministers give any consent, agreement or approval required by any condition or limitation subject to which the planning permission was granted, or

(b) such a condition or limitation is imposed, removed or altered.

(5) The local planning authority must give a revised version of the decision notice to such persons as may be specified by a development order.

(6) The revised version of the notice must contain such details relating to the giving of the consent, agreement or approval, or to the imposition, removal or alteration of the limitation or condition, as may be specified by a development order.

(7) In this section “decision notice” means a notice of a decision to grant planning permission in respect of a development in Wales.”

(3) In section 90 (development with government authorisation), in subsection (3), insert at the end “ (so that section 71ZA applies as if references to the decision notice were to the direction). ”

(4) In section 102 (orders requiring discontinuance of use or alteration or removal of buildings or works), after subsection (2) insert—

“(2A) Section 71ZA applies where planning permission is granted by an order under this section as if the references to the decision notice were to the order.”

Commencement Information

I57 S. 33 partly in force; s. 33 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I58 S. 33 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(b) (with art. 12)

I59 S. 33 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)

34 Notification of development E+W

In TCPA 1990, after section 71ZA (as inserted by section 33) insert—

“71ZB Notification 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.”

Commencement Information

I60 S. 34 partly in force; s. 34 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I61 S. 34 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(b) (with art. 12)

I62 S. 34 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)

Duration of planning permission E+W

35 Duration of planning permission: general E+W

(1) Section 91 of TCPA 1990 (general condition limiting duration of planning permission) is amended in accordance with subsections (2) to (6).

(2) In subsection (1), in paragraph (a), for the words before “beginning with” substitute “ the applicable period, ”.

(3) In subsection (3)—

(a) after “shall” insert “ (subject to subsections (3ZA) and (3ZB)) ”;

(b) for the words from “expiration of” to the end, substitute “ expiration of the applicable period, beginning with the date of the grant ”.

(4) After subsection (3) insert—

“(3ZA) Subsection (3ZB) applies if—

(a) a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and

(b) the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.

(3ZB) The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.

(3ZC) The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1).

(3ZD) References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73.”

(5) In subsection (3A), after “validity” insert “ , in respect of the development of land in England, ”.

(6) After subsection (4) insert—

“(5) The applicable period—

(a) in relation to England, is three years;

(b) in relation to Wales, is five years.”

(7) In section 73 of TCPA 1990 (determination of applications to develop land without compliance with conditions previously attached), in subsection (5), after “under this section” insert “ for the development of land in England ”.

(8) In section 51 of PCPA 2004 (duration of permission and consent), in subsection (1), omit paragraph (a).

Commencement Information

I63 S. 35 partly in force; s. 35 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I64 S. 35 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b) (with art. 13)

36 Duration of outline planning permission E+W

(1) Section 92 of TCPA 1990 (outline planning permission) is amended in accordance with subsections (2) to (6).

(2) In subsection (2), for paragraph (b) substitute—

“(b) that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved;

(c) that, in the case of outline planning permission for the development of land in Wales, the development must be begun no later than—

(i) the expiration of five years from the date of the grant of outline planning permission, or

(ii) if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.”

(3) In subsection (3), after “shall” insert “ (subject to subsections (3A) to (3D)) ”.

(4) After subsection (3) insert—

“(3A) If outline planning permission is granted under section 73 for the development of land in Wales, but without the condition required by subsection (2)(a), it shall be deemed to have been granted subject to the following condition.

(3B) The condition is that, in the case of any reserved matter, application for approval must be made not later than the date on or before which the previous permission required application for approval, in the case of any matter reserved under the previous permission, to be made.

(3C) If outline planning permission is granted under section 73 for the development of land in Wales, but without a condition required by subsection (2)(c), it shall be deemed to have been granted subject to the following condition.

(3D) The condition is that the development to which the permission relates must be begun not later than the date on or before which the previous permission required development to be begun.

(3E) The previous permission, in relation to outline planning permission granted under section 73, is the previous planning permission referred to in subsection (1) of that section.”

(5) In subsection (4), omit the words from “of three” to “two years”.

(6) In subsection (5), after “(b)” insert “ or (c) ”.

(7) In section 51 of PCPA 2004 (duration of permission and consent), omit subsection (2).

Commencement Information

I65 S. 36 partly in force; s. 36 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I66 S. 36 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b) (with art. 13)

Consultation etc in respect of certain applications relating to planning permission E+W

37 Consultation etc in respect of certain applications relating to planning permission E+W

In TCPA 1990, after section 100 insert—

“Consultation etc in respect of certain applications relating to planning permission: Wales E+W

100A Wales: 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.”

Commencement Information

I67 S. 37 partly in force; s. 37 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I68 S. 37 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)

Stopping up or diversion of public paths E+W

38 Stopping up or diversion of public paths where application for planning permission made E+W

(1) TCPA 1990 is amended as follows.

(2) In section 257 (footpaths, bridleways and restricted byways affected by other development: orders by other authorities), in subsection (1A), omit “in England”.

(3) In section 259 (confirmation of orders)—

(a) in each of subsections (1), (1A) and (2), for “Secretary of State” substitute “ appropriate national authority ”;

(b) after subsection (4) insert—

“(5) The appropriate national authority, for the purposes of this section, is⁠—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.”

Commencement Information

I69 S. 38 partly in force; s. 38 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I70 S. 38 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)

Exercise of functions of local planning authority relating to applications E+W

39 Exercise of functions of local planning authority relating to applications E+W

(1) In TCPA 1990, after section 319 insert—

“Wales: discharge of functions of local planning authority relating to applications E+W

319ZA Requirement for functions to be discharged by committee, sub-committee or officer

(1) The Welsh Ministers may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for a relevant function to be discharged by a committee, sub-committee or officer of the authority.

(2) The regulations may prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms.

(3) Where arrangements required by the regulations are in force in relation to a relevant function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply).

319ZB Size and composition of committee discharging functions

(1) The Welsh Ministers may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which a relevant function is to be discharged.

(2) A relevant local planning authority may not arrange for a relevant function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement of regulations under this section.

(3) If a committee or sub-committee discharging a relevant function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure.

319ZC Sections 319ZA and 319ZB: supplementary

(1) Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZA and 319ZB and any regulations made under them.

(2) Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant functions jointly, sections 319ZA and 319ZB apply in relation to those functions as if—

(a) references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities;

(b) references to an officer of a relevant local planning authority were references to an officer of any of those authorities.

(3) Regulations under sections 319ZA and 319ZB may—

(a) make different provision for different local planning authorities;

(b) make special provision for cases where two or more authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant functions.

319ZD Interpretation of sections 319ZA to 319ZC

In sections 319ZA to 319ZC—

• “the 1972 Act” means the Local Government Act 1972;

• “relevant function” means a function exercisable by a relevant local planning authority in relation to an application under this Act;

• “relevant local planning authority” means a local planning authority in Wales which is—

  (a)

  a county council or county borough council,

  (b)

  a joint planning board, or

  (c)

  a National Park authority.”

(2) In section 316 of TCPA 1990 (land of interested planning authorities and development by them), in subsection (3), after “notwithstanding” insert “ any provision made by or under sections 319ZA to 319ZC or ”.

(3) In section 89 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (application of certain general provisions of principal Act), in subsection (1), before the entry relating to section 320, insert— “ sections 319ZA to 319ZD (Wales: discharge of functions of local planning authority relating to applications), ”.

(4) In section 37 of the Planning (Hazardous Substances) Act 1990 (c. 10) (application of certain general provisions of principal Act), in subsection (2), before the entry relating to section 320, insert— “ sections 319ZA to 319ZD (Wales: discharge of functions of local planning authority relating to applications) ”.

(5) In the Local Government and Housing Act 1989 (c. 42)—

(a) in section 13 (voting rights of members of certain committees), in subsection (9), in the definition of “relevant authority”, for “or (h) to (jb)” substitute “ , (h) to (jb) or (n) ”;

(b) in section 20 (power to require adoption of certain procedural standing orders), in subsection (4)(a), after “(a) to (jb)” insert “ or (n) ”.

Commencement Information

I71 S. 39 partly in force; s. 39 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I72 S. 39 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(a)

Joint planning boards and National Parks E+W

40 Joint planning boards to be hazardous substances authorities E+W

In section 3 of the Planning (Hazardous Substances) Act 1990 (c. 10) (hazardous substances authorities other than county and county borough councils), after subsection (5B) insert—

“(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.”

Commencement Information

I73 S. 40 partly in force; s. 40 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I74 S. 40 in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987, art. 4(b)

41 Power to make provision enabling joint planning boards to exercise development management functions in National Parks E+W

(1) The Welsh Ministers may by regulations make provision for and in connection with enabling an order under section 2(1B) of TCPA 1990 (joint planning boards in Wales) to—

(a) constitute an area that includes all or part of a National Park in Wales as a united district, and

(b) constitute a joint planning board as the local planning authority for such a united district for the purposes of the planning Acts.

(2) The regulations may also make provision about whether the functions of a hazardous substances authority under the Planning (Hazardous Substances) Act 1990 (c. 10) are to be exercisable in relation to any part of a National Park included in such a united district by the joint planning board for the united district or by the National Park authority for the Park.

(3) Regulations under this section may—

(a) make different provision for different purposes and different cases;

(b) make incidental, supplementary, consequential, transitory, transitional and saving provision.

(4) Regulations under this section may amend or otherwise modify—

(a) any enactment contained in, or made under, the planning Acts or PCPA 2004;

(b) any other enactment relating to functions exercisable by or in relation to local planning authorities;

(c) any enactment relating to National Parks or to functions exercisable by or in relation to National Park authorities.

(5) Regulations under this section may make provision for a function to be exercisable by or in relation to another person instead of, or as well as, any person by or in relation to whom the function would otherwise be exercisable.

(6) The power to make regulations under this section is exercisable by statutory instrument.

(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(8) In this section—

• “enactment” means a provision contained in any of the following (whenever enacted or made)—

  (a)

  an Act of Parliament;

  (b)

  an Act or Measure of the National Assembly for Wales;

  (c)

  subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30) (including subordinate legislation made under an Act of Parliament or under an Act or Measure of the National Assembly for Wales);

• “the planning Acts” has the same meaning as in TCPA 1990 (see section 336(1)).

Commencement Information

I75 S. 41 partly in force; s. 41 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I76 S. 41 in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987, art. 4(c)

42 Joint planning boards: power to make consequential and supplementary provision E+W

(1) Section 9 of TCPA 1990 (power to make consequential and supplementary provision about planning authorities) is amended as follows.

(2) The existing provision becomes subsection (1) of that section.

(3) After that subsection insert—

“(2) The provision consequential upon or supplementary to section 2 that may be made by the Welsh Ministers under this section includes provision amending or otherwise modifying—

(a) any enactment contained in, or made under, the planning Acts or the Planning and Compulsory Purchase Act 2004;

(b) any other enactment relating to functions exercisable by or in relation to local planning authorities;

(c) any other enactment relating to functions exercisable by local authorities of any description in connection with the development of land.”

Commencement Information

I77 S. 42 partly in force; s. 42 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I78 S. 42 in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987, art. 4(d)

PART 7 E+W ENFORCEMENT, APPEALS ETC

Enforcement E+W

43 Breach of planning control: enforcement warning notice E+W

(1) TCPA 1990 is amended as follows.

(2) After section 173 insert—

“173ZA Enforcement warning notice: Wales

(1) This section applies where it appears to the local planning authority that—

(a) there has been a breach of planning control in respect of any land in Wales, and

(b) there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted.

(2) The authority may issue a notice under this section (an “enforcement warning notice”).

(3) A copy of an enforcement warning notice is to be served—

(a) on the owner and the occupier of the land to which the notice relates, and

(b) on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action.

(4) The notice must—

(a) state the matters that appear to the authority to constitute the breach of planning control, and

(b) state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken.

(5) The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.”

(3) In section 171A, in subsection (2) (steps that constitute taking enforcement action), before “or” insert—

“(aa) the issue of an enforcement warning notice (defined in section 173ZA);”.

(4) In section 188 (register of enforcement and stop notices etc)—

(a) in subsection (1), after paragraph (a) insert—

“(aa) to enforcement warning notices,”;

(b) in subsection (2), in paragraph (a), after “enforcement notice” insert ”, enforcement warning notice,”.

Commencement Information

I79 S. 43 partly in force; s. 43 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I80 S. 43 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(c)

44 Appeal against enforcement notice: deemed application for planning permission E+W

(1) Section 177 of TCPA 1990 (grant or modification of planning permission on appeals against enforcement notices) is amended as follows.

(2) In subsection (1C), for the words from the beginning to “subsection” substitute “ Subsection ”.

(3) In subsection (5), for the words from the beginning to “in England and” substitute “Where—

(a) an appeal against an enforcement notice is brought under section 174, and

(b)”.

Commencement Information

I81 S. 44 partly in force; s. 44 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I82 S. 44 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(c) (with art. 14)

Appeals E+W

45 Restrictions on right to appeal against planning decisions E+W

In section 78 of TCPA 1990 (right to appeal against planning decisions and failure to take such decisions), after subsection (4A) insert—

“(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.”

Commencement Information

I83 S. 45 partly in force; s. 45 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I84 S. 45 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(c) (with art. 15)

46 Restrictions on right to appeal against enforcement notice E+W

In section 174 of TCPA 1990 (appeal against enforcement notice), after subsection (2C) insert—

“(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).”

Commencement Information

I85 S. 46 partly in force; s. 46 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I86 S. 46 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(c) (with art. 14)

47 No variation of application after service of notice of appeal against planning decision etc E+W

(1) In section 78 of TCPA 1990 (right to appeal against planning decisions and failure to take such decisions), after subsection (4B) insert—

“(4BA) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

(4BB) A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.”

(2) In section 195 of TCPA 1990 (appeals against refusal or failure to give decision on application for certificate of lawfulness), after subsection (1D) insert—

“(1DA) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

(1DB) A development order which makes provision under subsection (1DA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.”

(3) In section 21 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (appeals against listed buildings decisions or failure to take such decisions), after subsection (4) insert—

“(4A) Once notice of an appeal under section 20 to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed.

(4B) Regulations which make provision under subsection (4A) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.”

(4) In section 21 of the Planning (Hazardous Substances) Act 1990 (c. 10) (appeals against decisions or failure to take decisions relating to hazardous substances), after subsection (3D) insert—

“(3E) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed.

(3F) Regulations which make provision under subsection (3E) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.”

Commencement Information

I87 S. 47 partly in force; s. 47 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I88 S. 47 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(b)

48 Appeal against notice in respect of land adversely affecting amenity E+W

(1) Section 217 of TCPA 1990 (the title of which becomes “ Appeal against a section 215 notice ”) is amended as follows.

(2) In subsection (2), after “made” insert “—

(a) in the case of a notice relating to land in Wales, to the Welsh Ministers;

(b) in the case of a notice relating to land in England,”.

(3) In subsection (4), after “appeal” insert “ the Welsh Ministers or (as the case may be) ”.

(4) In subsection (5) after “appeal” insert “ the Welsh Ministers or (as the case may be) ”.

(5) In subsection (6), omit “to a magistrates' court”.

(6) After subsection (6) insert—

“(7) The Welsh Ministers may by regulations make provision, in respect of appeals made to them under this section—

(a) as to steps to be taken in connection with bringing an appeal (including as to the form and content of any notice required to be given, and persons to whom copies of it are to be provided);

(b) about information to be provided to the Welsh Ministers in connection with an appeal;

(c) as to the procedure by which an appeal under this section is to be considered (including provision about circumstances in which the appellant or the local planning authority must be given the opportunity of appearing before and being heard by a person appointed by the Welsh Ministers for the purpose).”

(7) In section 218 of TCPA 1990 (the title of which becomes “ Further appeal to the Crown Court: England ”), after “been brought” insert “to a magistrates' court”.

(8) In section 289 of TCPA 1990 (the title of which becomes “ Appeals to High Court relating to enforcement notices and notices under sections 207 and 215 ”)—

(a) after subsection (2) insert—

“(2A) Where the Welsh Ministers give a decision in proceedings on an appeal under Part 8 against a notice under section 215, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Welsh Ministers to sign and state a case for the opinion of the High Court.”;

(b) in subsection (4B), after “207” insert “ or 215 ”;

(c) in subsection (5), after “the Secretary of State”, in each place where those words occur, insert “ or the Welsh Ministers ”.

Commencement Information

I89 S. 48 partly in force; s. 48 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I90 S. 48 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(b)

Appeals etc: costs and procedure E+W

49 Costs on applications, appeals and references E+W

In TCPA 1990, after section 322B insert—

“322C Costs: 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.”

Commencement Information

I91 S. 49 partly in force; s. 49 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I92 S. 49 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(b) (with art. 16)

50 Procedure for certain proceedings E+W

In TCPA 1990, after section 323 insert—

“323A Procedure 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.”

Commencement Information

I93 S. 50 partly in force; s. 50 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I94 S. 50 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(c)

I95 S. 50 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(c)

51 Costs and procedure on appeals etc: further amendments E+W

For further amendments relating to costs and procedure on appeals etc, see Schedule 5.

Commencement Information

I96 S. 51 partly in force; s. 51 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I97 S. 51 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4

I98 S. 51 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(d)

PART 8 E+W TOWN AND VILLAGE GREENS

52 Statement by owner to end use of land as of right E+W

(1) Section 15A of the Commons Act 2006 (c.26) (registration of greens: statement by owner) is amended as follows.

(2) In subsection (1), omit “in England”.

(3) Omit subsection (8).

Commencement Information

I99 S. 52 partly in force; s. 52 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I100 S. 52 in force at 22.10.2018 in so far as not already in force by S.I. 2018/1022, art. 2(a)

53 Exclusion of right to apply for registration E+W

(1) The Commons Act 2006 is amended as follows.

(2) In section 15C (registration of greens: exclusions)—

(a) in subsection (1)—

(i) omit “in England”;

(ii) for “Schedule 1A” substitute “ the relevant Schedule ”;

(b) in subsection (2), after “the Table” insert “ set out in the relevant Schedule ”;

(c) in subsections (3) and (4), for “Secretary of State” substitute “ appropriate national authority ”;

(d) in subsection (5)—

(i) for “Secretary of State” substitute “ appropriate national authority ”;

(ii) for “Schedule 1A” substitute “ the relevant Schedule ”;

(e) after subsection (8) insert—

“(9) In this section “the relevant Schedule” means—

(a) Schedule 1A, in relation to land in England;

(b) Schedule 1B, in relation to land in Wales.”

(3) After Schedule 1A (the title of which becomes “ Exclusion of right under section 15: England ”) insert the Schedule set out in Schedule 6.

Commencement Information

I101 S. 53 partly in force; s. 53 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I102 S. 53 in force at 22.10.2018 in so far as not already in force by S.I. 2018/1022, art. 2(a) (with art. 3)

54 Applications to amend registers: power to make provision about fees E+W

(1) Section 24 of the Commons Act 2006 (applications etc) is amended as follows.

(2) In subsection (2A), omit “made by the Secretary of State”.

(3) Omit subsection (2B).

Commencement Information

I103 S. 54 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I104 S. 54 in force at 10.4.2017 in so far as not already in force by S.I. 2017/546, art. 2

PART 9 E+W GENERAL PROVISIONS

55 Regulations and orders made by Welsh Ministers E+W

For amendments relating to regulations and orders made by the Welsh Ministers, see Schedule 7.

56 Interpretation E+W

In this Act—

• “PCPA 2004” means the Planning and Compulsory Purchase Act 2004 (c. 5);

• “TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).

57 Power to make consequential etc provision E+W

(1) The Welsh Ministers T may by regulations make consequential, incidental, transitional or saving provision for the purpose of giving full effect to, or in consequence of, any provision of this Act.

(2) Regulations under this section may amend, revoke or repeal any enactment contained in, or made under, primary legislation.

(3) The power to make regulations under this section is exercisable by statutory instrument.

(4) A statutory instrument containing (whether alone or with other provision) regulations under this section which amend or repeal an enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(5) A statutory instrument containing regulations under this section to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6) In this section, “primary legislation” means—

(a) an Act of Parliament;

(b) an Act or Measure of the National Assembly for Wales.

58 Coming into force E+W

(1) The following provisions come into force on the day on which this Act receives Royal Assent—

(a) Part 1;

(b) sections 56 and 57;

(c) this section;

(d) section 59.

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—

(a) section 55;

(b) Parts 3 to 8, so far as is necessary for enabling the Welsh Ministers to exercise any function of making regulations or orders by statutory instrument under any enactment as amended by those Parts.

(3) Nothing in subsection (2)(b) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) (anticipatory exercise of powers) in relation to this Act.

(4) The following provisions come into force on such day as the Welsh Ministers appoint by order—

(a) Part 2;

(b) Parts 3 to 8, so far as they are not brought into force by subsection (2)(b).

(5) The power to make an order under subsection (4)—

(a) is exercisable by statutory instrument;

(b) includes power—

(i) to appoint different days for different purposes, and

(ii) to make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

59 Short title E+W

The short title of this Act is the Planning (Wales) Act 2015.