The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010

PART 2

Wales

1.  A consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (authorisation of works; listed building consent)(1).

2.  A consent under section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas)(2).

3.  A consent under section 2 or 3 of the Ancient Monuments and Archaeological Areas Act 1979 (control of works affecting scheduled monuments; grants of scheduled monuments consent by Secretary of State)(3).

4.  A licence under section 1 of the Protection of Wrecks Act 1973 (protection of sites of historic wrecks)(4).

5.  A consent required under a tree preservation order made pursuant to section 198 of the Town and Country Planning Act 1990 (consent to the cutting down, topping, lopping or uprooting of trees etc)(5).

6.  A consent under section 211 of the Town and Country Planning Act 1990 (preservation of trees in conservation areas)(6).

7.  A consent under section 13 of the Planning (Hazardous Substances) Act 1990 (applications for hazardous substances consent without condition attached to previous consent)(7).

8.  A consent under to sections 17 and 18 of the Planning (Hazardous Substances) Act 1990 (revocation of hazardous substances consent on change of control of land; determination of applications for continuation of hazardous substances consent)(8).

9.  A confirmation or variation of an order under section 26 of the Salmon and Freshwater Fisheries Act 1975 (limitation of fishing licences).

10.  Consent under regulation 5 of the Hedgerows Regulations 1997 (removal of hedgerows)(9).

11.  An approval under section 263 of the Public Health Act 1936 (watercourses in urban districts not to be culverted except in accordance with the approved plans)(10).

12.  A consent under section 16 of the Coast Protection Act 1949 (consent of coast protection authority required to carrying out of coast protection work)(11).

13.  A licence under section 18 of the Coast Protection Act 1949 (prohibition of excavation, etc, of materials on or under the seashore)(12).

14.  A licence under section 8 of the Food and Environmental Protection Act 1985 (licences)(13).

15.  An order of the Authority under section 110A of the Water Industry Act 1991 (order to allow new connections with public sewers)(14).

16.  A consent under section 118 of the Water Industry Act 1991 (consent required for discharge of trade effluent into public sewer).

17.  An approval under section 4 of the Clean Air Act 1993 (requirement that new furnaces shall be so far as practical smokeless)(15).

18.  An approval under sections 6, 8 or 15 of the Clean Air Act 1993 (arrestment plant for new non-domestic furnaces; requirement to fit arrestment plant for burning solid fuel in other cases; applications for approval of height of chimneys of furnaces).

19.  An exemption from operation of section 6 of the Clean Air Act 1993 by determination of the local authority under section 7 of that Act or by regulations made pursuant to that section (exemptions from section 6).

20.  An exemption under to regulations made under section 14 of the Clean Air Act 1993 (height of chimneys for furnaces).

21.  An approval of plans under section 16(2) of the Clean Air Act 1993 (height of other chimneys).

22.  An exemption of fireplaces from the provisions of section 20 of the Clean Air Act 1993 (prohibition of emissions of smoke in smoke control areas) by order made pursuant to section 21 of that Act (power by order to exempt certain fireplaces).

23.  A permit under regulation 13 of the Environmental Permitting (England and Wales) Regulations 2007(16) where that function is exercisable by a local authority pursuant to regulations 32 or 33.

24.  A consent under section 15 of the Pipe-lines Act 1962 (power to place of pipe-lines in streets)(17).

25.  An order for the regulation of traffic under section 1, 9, 14, 15 or 22BB of the Road Traffic Regulation Act 1984 (general provisions for traffic regulation: regulation in special cases)(18).

26.  An order under section 247 of the Town and Country Planning Act 1990 (order authorising stopping up or diversion of highway)(19).

27.  An order under section 257 of the Town and Country Planning Act 1990 (footpaths, bridleways or restricted byways affected by development; orders by other authorities)(20).

28.  An order under section 147 of the Inclosure Act 1845 (power to exchange common land for other lands)(21).

29.  An exception or reservation under section 4 of the Inclosure Act 1847 (exchanges of lands excepting or reserving minerals and easements)(22).

30.  An order under section 14 of the Inclosure Act 1852 (direction by order that village greens, etc, shall not be fenced)(23).

31.  An order under section 5, 9 or 11 of the Inclosure Act 1854 (exchanges etc, fencing etc)(24).

32.  An order under section 1 or 5 of the Inclosure Act 1857 (fencing may be dispensed with; exchange of lands in which Her Majesty is interested in reversion)(25).

33.  A consent or authorisation required under byelaws or regulations made pursuant to section 15 of the Commons Act 1876 (owners may make byelaws)(26).

34.  A consent or authorisation required under byelaws or regulations made pursuant sections 1 and 10 of the Commons Act 1899(27).

35.  Imposition of limitations and conditions under section 193 of the Law of Property Act 1925 (rights of public over commons and waste lands)(28).

36.  A consent or licence under section 6 or 10 of the Coity Wallia Commons Act 1976(29).

(1)

1990 c.9. Section 8 was amended by S.I. 2001/24.

(2)

Section 74 was amended by the Planning Act 2008 (c.29) section 36, Sch 2, paragraphs 38, 41, and S.I. 2006/1281.

(3)

1979 c.6. Section 2 was amended by the Planning Act 2008 (c.29) section 36, Sch 2, paragraphs 16, 17 and the Heritage Act 1983 (c.47) section 33, Sch 4, paragraph 27. Section 3 was amended by the Heritage Act 1983 section 33, Sch 4, paragraph 28.

(4)

1973 c.33.

(5)

1990 c.8. Section 198 was amended by the Planning and Compensation Act 1991 (c.34) sections 31, 32, 84, Sch 6, paragraph 20, Sch 7, paragraph, 34, Sch 19, Parts I, II, the Planning and Compulsory Purchase Act 2004 (c.5) section 42(3).

(6)

Section 211 was amended by the Planning and Compulsory Purchase Act 2004 (c.5) section 86.

(7)

1990 c.10. Section 13 was amended by the Environmental Protection Act 1990 (c.43) sections 144, 162, Sch 13, Part 1, para 6, Sch 16, Part VII.

(8)

Section 17 was amended by the Planning and Compulsory Act 2004 (c.5), section 79(4), Sch 3, paragraph 20. Section 18 was amended by the Environmental Protection Act 1990 (c.43) section 162, Sch 16, Part VII.

(9)

S.I. 1997/1160.

(10)

1936 c.49. Section 263 was amended by the Statute Law (Repeals) Act 2004, the Criminal Law Act 1977, section 31(6), the Criminal Justice Act 1982, sections 37 and 46 and the Decimal Currency Act 1969 section 10.

(11)

1949 c.74. Section 16 was amended by the Water Act 1989(c.15) section 190, Sch 25, paragraph 11(4) and S.I. 1996/593.

(12)

Section 18 was amended by the Territorial Sea Act 1987 (c.49) section 3, Sch 1, paragraph 1.

(13)

1985 c.48. Section 8 was amended by the Food Standards Act 1999 (c.28) section 18, Sch 3, Part III, paragraph 16(4).

(14)

1991 c.56. Section 110A was amended by the Environment Act 1995 (c.25) section 120, Sch 22, paragraph 104 and Water Act 2003 (c.37) section 36(2).

(15)

1993 c.11.

(16)

S.I. 2007/3538.

(17)

1962 c.58. Section 15 was amended by the New Roads and Street Works Act 1991 (c.22) section 168(1), Sch 8, Part IV, paragraph 101(2), (3) and S.I. 1999/742.

(18)

1984 c.27. Section 1 was amended by the New Roads and Street Works Act 1991 (c.22) section 168(1), (2), Sch 8, Part II, paragraph 17(2), (3), (4), (5), Sch 9, the Environment Act 1995 (c.25) section 120, Sch 22, paragraph 36(1), the Transport Act 2000 (c.38) section 161, Sch 11, paragraphs 6, 7, the Transport (Scotland) Act 2001 section 83, Sch 2, paragraph 3(1), (2)(a), (b) and the Local Transport Act 2008 (c.26) section 45(1), (2), (3). Section 9 was amended by the New Roads and Street Works Act 1991 (c.22) section 168(1), Sch 8, Part II, para 23(2), (3), (4), the Road Traffic Act 1991 (c.40) section 48, Sch 4, para 24 and the Local Government Act 1985 (c.51) section 8, Sch 5, para 4(4). Sections 14 and 15 were inserted by the Road Traffic (Temporary Restrictions) Act 1991 (c.26) section 1(1) Sch 1 and an amendment made to section 15 by S.I. 2006/1177. Section 22B was inserted by the Railways and Transport Safety Act 2003, section 108.

(19)

Section 247 was amended by the Greater London Authority Act 1999 (c.29) section 270, Sch 22, paragraphs 2, 3(1) to (8), the Local Government (Wales) Act 1994, section 20(4), Sch 6, paragraph 24(9) and S.I. 2006/1281.

(20)

Section 257 was amended by S.I. 2006/1177.

(21)

1845 c.118.

(22)

1847 c.111.

(23)

1852 c.79.

(24)

1854 c.97. Section 11 was amended by the Law of Property Act 1925 (c.20) section 207, 209, Sch 7.

(25)

1857 c.31.

(26)

1876 c.56.

(27)

1899 c.30. Section 1 was amended by the Local Government Act 1972 (c.70) section 272(1), Sch 30 and the Commons Act 2006 section 50(1), (4).

(28)

1925 c.20. Section 193 was amended by the Local Government Act 1972 (c.70) section 189(4), section 272(1), Sch 30, the Criminal Justice Act 1982 (c.48) sections 37, 38 and 40, the Local Government Act 1985 (c.51) section 16, Sch 8, paragraph 10(5), the Local Government (Wales) Act 1994 (c.19) section 66(6), Sch 16, paragraph 7(1) and the Countryside and Rights of Way Act 2000 (c.37) section 46(1)(a), (3), Sch 4, paragraph 1, section 102, Sch 16, Part 1.

(29)

1976 c.xxix.