The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

Articles 8 and 28

SCHEDULE 1 E+W F1 Acknowledgement of Application

Textual Amendments

F1 Sch. 1: in the Acknowledgment of Application the words "If you appeal, you must appeal within 6 months" to "("the relevant date")]……….." are omitted (22.6.2015) by virtue of The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 11(1) (with art. 12)

Article 2(1)

[F2 SCHEDULE 1A E+W Minor Commercial Development Uses

Textual Amendments

F2 Sch. 1A inserted (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), art. 1(1), Sch. (with art. 12)

Shops E+W

1.   Use for all or any of the following purposes—

(a) for the retail sale of goods other than hot food,

(b) as a post office,

(c) for the sale of tickets or as a travel agency,

(d) for the sale of sandwiches or other cold food for consumption off the premises,

(e) for hairdressing,

(f) for the direction of funerals,

(g) for the display of goods for sale,

(h) for the hiring out of domestic or personal goods or articles,

(i) for the washing or cleaning of clothes or fabrics on the premises,

(j) for the reception of goods to be washed, cleaned or repaired,

where the sale, display or service is to visiting members of the public.

Financial and professional services E+W

2.   Use for the provision of—

(a) financial services,

(b) professional services (other than health or medical services), or

(c) any other services (including use as a betting office) which it is appropriate to provide in a shopping area,

where the services are provided principally to visiting members of the public.

Food and drink E+W

3.   Use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises.]

Articles 2C & 2D

[F3 SCHEDULE 1B E+W PUBLICITY AND CONSULTATION BEFORE APPLYING FOR PLANNING PERMISSION

Textual Amendments

F3 Schs. 1B, 1C inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), art. 1(2), Sch. 1 (with art. 15(1))

Article 2D]

SCHEDULE 1C E+W CONSULTATION BEFORE APPLYING FOR PLANNING PERMISSION

Articles 10 and 25

SCHEDULE 2 E+W F4 F5 F6 Notices under Articles 10 and 25

Textual Amendments

F4 Words in Sch. 2 inserted before the definition of "owner" in the Notice Under Article 10 of Application for Planning Permission (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 11(3)(a) (with art. 12)

F5 Words in Sch. 2 inserted before the definition of "owner" in the Notice of Appeal under Articles 10 and 25 (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 11(3)(b) (with art. 12)

F6 Sch. 2: in the Notice under Article 10 of Application for Planning Permission the words “Part 1 of the Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2015” substituted by “Part 3 of the Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017” (5.5.2017) by The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (S.I. 2017/544), regs. 2(1), 54(2) (with regs. 52, 53(2)(3))

Article 12

SCHEDULE 3 E+W F7 Publicity for applications for planning permission

Textual Amendments

F7 Sch. 3: word ", 12(4A)" inserted after "12(4)" (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 10(8) (with art. 15(3))

Article 14 and 15

[F8 SCHEDULE 4 E+W Consultations before the grant of permission

Textual Amendments

F8 Sch. 4 substituted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), art. 1(2), Sch. 2

 

TABLE

Paragraph	Description of Development	Consultee
(a)	Development likely to affect land in the area of another local planning authority	The local planning authority concerned
(b)	Development, in relation to which an application for planning permission has been made to the Welsh Ministers under section 293A of the 1990 Act (urgent Crown development: application), where that development is likely to affect land in the area of a community council	The community council
(c)	Development within an area which has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances (otherwise than on a relevant nuclear site) and which involves the provision of— (i) residential accommodation; (ii) more than 250 square metres of retail floor space; (iii) more than 500 square metres of office floor space; or (iv) more than 750 square metres of floor space to be used for an industrial process, or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area	The Health and Safety Executive
(d)	Development within an area which has been notified to the local planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of— (i) residential accommodation; (ii) more than 250 square metres of retail floor space; (iii) more than 500 square metres of office floor space; or (iv) more than 750 square metres of floor space to be used for an industrial process, or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area	The Office for Nuclear Regulation
(e)	Development likely to result in a material increase in the volume or a material change in the character of traffic—
	(i) entering or leaving a trunk road; or	The Welsh Ministers
	(ii) using a level crossing over a railway	The operator of the network which includes or consists of the railway in question, and the Welsh Ministers
(f)	Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway	The local highway authority concerned
(g)	Development likely to prejudice the improvement or construction of a classified road or proposed highway	The local highway authority concerned
(h)	Development involving—
	(i) the formation, laying out or alteration of any means of access to a highway (other than a trunk road); or	The local highway authority concerned
	(ii) the construction of a highway or private means of access to premises affording access to a road in relation to which a toll order is in force	The local highway authority concerned, and in the case of a road subject to a concession, the concessionaire
(i)	Development which consists of or includes the laying out or construction of a new street	The local highway authority
(j)	Development, other than householder development, within an area which has been notified for the purpose of this provision to the local planning authority by the Coal Authority because of the presence of land instability risks from coal mining	The Coal Authority
(k)	Development involving or including mining operations	The Natural Resources Body for Wales
(l)	(i) Development which has a direct physical impact on a scheduled monument. (ii) Development likely to be visible from a scheduled monument and which meets one of the following criteria-- a) it is within a distance of 0.5 kilometres from any point of the perimeter of a scheduled monument; b) it is within a distance of 1 kilometre from the perimeter of a scheduled monument and is 15 metres or more in height, or has an area of 0.2 hectares or more; c) it is within a distance of 2 kilometres from the perimeter of a scheduled monument and is 50 metres or more in height, or has an area of 0.5 hectares or more; d) it is within a distance of 3 kilometres from the perimeter of a scheduled monument and is 75 metres or more in height, or has an area of 1 hectare or more; or e) it is within a distance of 5 kilometres from the perimeter of a scheduled monument and is 100 metres or more in height, or has an area of 1 hectare or more. (iii) Development likely to affect the site of a registered historic park or garden or its setting; (iv) Development within a registered historic landscape that requires an Environmental Impact Assessment; or (v) Development likely to have an impact on the outstanding universal value of a World Heritage Site	The Welsh Ministers
(m)	Development involving the carrying out of works or operations in the bed of or on the banks of a river or stream	The Natural Resources Body for Wales
(n)	Development for the purpose of refining or storing mineral oils and their derivatives	The Natural Resources Body for Wales
(o)	Development relating to the retention, treatment or disposal of sewage, trade-waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than ten people will normally reside, work or congregate, and works ancillary thereto)	The Natural Resources Body for Wales
(p)	Development relating to the use of land as a cemetery	The Natural Resources Body for Wales The water and sewerage undertaker concerned
(q)	Development— (i) in or likely to affect a site of special scientific interest; or (ii) within an area which has been notified to the local planning authority by the Natural Resources Body for Wales and which is within two kilometres, of a site of special scientific interest, of which notification has been given, or has effect as if given, to the local planning authority by the Natural Resources Body for Wales, in accordance with section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest) as applied in Wales by section 27AA of that Act	The Natural Resources Body for Wales
(r)	Development involving – (i) any land on which there is a theatre; (ii) residential development (excluding householder development) within 50 metres of a theatre (not falling within paragraph (i)); or (iii) a proposed theatre.	The Theatres Trust
(s)	Development which is not for agricultural purposes, is not in accordance with the provisions of a development plan and involves— (i) the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or (ii) the loss of less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, in circumstances in which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more	The Welsh Ministers
(t)	Development within 250 metres of land which— (i) is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and (ii) has been notified to the local planning authority by the Natural Resources Body for Wales for the purposes of this provision	The Natural Resources Body for Wales
(u)	Development which— (i) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or (ii) is on land which has been: (aa) used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped; or (bb) allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement; or (iii) involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface	The Sports Council for Wales
(v)	Development likely to affect— (i) any inland waterway (whether natural or artificial) or reservoir owned or managed by the Canal & River Trust; or (ii) any canal feeder channel, watercourse, let off or culvert, which is within an area which has been notified for the purposes of this provision to the local planning authority by the Canal & River Trust	The Canal & River Trust
(w)	Development— (i) involving the siting of new establishments; (ii) consisting of modifications to existing establishments covered by Article 11 of Directive 2012/18/EU; or (iii) which is new, including transport routes, locations of public use and residential areas in the vicinity of existing establishments, where the siting or development may be the source of or increase the risk or consequences of a major accident	The control of major accident hazards competent authority, and in relation to development falling within paragraph (iii), any person who is, according to the register held by the hazardous substances authority under regulation 22 of the Planning (Hazardous Substances) (Wales) Regulations 2015, the person who is in control of the land on which any existing establishment in question is located
(x)	Development – (i) on land designated as Flood Zone C2; (ii) involving or including emergency services development or highly vulnerable development on land designated as Flood Zone C1 or on land that has been notified to the local planning authority by the Natural Resources Body for Wales for the purpose of this provision.	The Natural Resources Body for Wales
(y)	Development— (i) involving new residential development (including single units); and (ii) which is major development not falling within paragraph (i).	The water and sewerage undertaker concerned

Interpretation of Table E+W

In the above Table—

(a) in paragraphs (c)(iv) and (d)(iv), “industrial process” (“proses ddiwydiannol”) means a process for or incidental to any of the following purposes—

(i) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

(ii) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

(iii) the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this sub-paragraph, “mine” (“mwynglawdd”) means any site on which mining operations are carried out);

(b) in paragraphs (c) and (d) “relevant nuclear site” (“safle niwclear perthnasol”) means a site which is—

(i) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);

(ii) an authorised defence site (within the meaning given by regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or

(iii) a new nuclear build site (within the meaning given by regulation 2A(1) of those Regulations).]

(c) in paragraph (e), “network” (“rhwydwaith”) and “operator” (“gweithredwr”) have the same meaning as in section 83(1) of the Railways Act 1993 (the provision of railway services);

(d) in paragraphs (f) and (g), “classified road” (“ffordd ddosbarthiadol”) means a highway or proposed highway which—

(i) is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads); or

(ii) is classified for the purposes of any enactment by the Welsh Ministers by virtue of section 12(3) of that Act;

(e) in paragraph (h), “concessionaire” (“consesiynydd”), “road subject to a concession” (“ffordd sy’n ddarostyngedig i gonsesiwn”) and “toll order” (“gorchymyn tollau”) have the same meaning as in Part I of the New Roads and Street Works Act 1991 (new roads in England and Wales);

(f) in paragraph (i), “street” (“stryd”) has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” (“stryd newydd”) includes a continuation of an existing street;

(g) in paragraph (j), “householder development” (“datblygiad gan ddeiliad tŷ”) means—

(i) the enlargement, improvement or other alteration of a dwellinghouse, or development within the curtilage of such a dwellinghouse, or

(ii) a change of use to enlarge the curtilage of a dwellinghouse,

for any purpose incidental to the enjoyment of the dwellinghouse but does not include—

(aa) any other change of use,

(bb) the erection of a dwellinghouse, or

(cc) a change to the number of dwellings in a building;

(h) in paragraph (l)—

(i) “scheduled monument” (“heneb gofrestredig”) has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);

(ii) reference to the height of development is be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” (“lefel y ddaear”) means the level of the surface of the ground immediately adjacent to the development in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;

(iii) “registered historic park or garden” (“parc hanesyddol cofrestredig neu ardal hanesyddol gofrestredig”) and “registered historic landscape” (“tirwedd hanesyddol gofrestredig”) means the park, garden or landscape is included in the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales maintained by the Welsh Ministers;

(iv) “World Heritage Site” (“Safle Treftadaeth y Byd”) means land appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16th November 1972 ;

(i) in paragraph (o)—

(i) “slurry” (“slyri”) means animal faeces and urine (whether or not water has been added for handling), and

(ii) “caravan” (“carafán”) has the same meaning as in section 29(1) of the Caravan Sites and Control of Development Act 1960 (caravan sites);

(j) in paragraph (q), “site of special scientific interest” (“safle o ddiddordeb gwyddonol arbennig”) means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies;

(k) in paragraph (r), theatre” (“theatr”) has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation) and “householder development” (“datblygiad gan ddeiliad tŷ”) has the same meaning as in paragraph (j);

(l) in paragraph (u)—

(i) “playing field” (“maes chwarae”) means the whole of a site which encompasses at least one playing pitch;

(ii) “playing pitch” (“llain chwarae”) means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo;

(m) in paragraph (w)—

(i) expressions appearing both in that paragraph and in Directive 2012/18/EU have the same meaning as in that Directive; and

(ii) “control of major accident hazards competent authority” (“awdurdod cymwys rheoli peryglon damweiniau mawr”) means—

(aa) in relation to a relevant nuclear site, the Office of Nuclear Regulation and the Natural Resources Body for Wales, acting jointly;

(bb) otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly; and

(n) in paragraph (x)—

“Flood Zone C2” (“Parth Llifogydd C2”) means an area of a floodplain without significant flood defence infrastructure ;

“Flood Zone C1 (“Parth Llifogydd C1”) means an area of the floodplain which is developed and served by significant infrastructure, including flood defences; and

“emergency services development” (“datblygiad gwasanaethau brys”) and “highly vulnerable development” (“datblygiad a all fod mewn pergyl mawr”) have the same meaning as set out in The Town and Country Planning (Notification) (Wales) Direction 2012.]

Article 24

SCHEDULE 5 E+W Notification where planning permission refused or granted subject to conditions

TOWN AND COUNTRY PLANNING ACT 1990

Notification to be sent to an applicant when a local planning authority refuse planning permission or grant it subject to conditions (to be endorsed on notices of decision)

Appeals to the Welsh Ministers E+W

• — If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Welsh Ministers under section 78 of the Town and Country Planning Act 1990.

• — If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

• — Appeals must be made using a form which you can get from the Welsh Ministers, Planning Inspectorate at Crown Buildings, Cathays Park, Cardiff CF10 3NQ, or online at www.planningportal.gov.uk/pcs.

• — The Welsh Ministers can allow a longer period for giving notice of an appeal, but are not normally prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

• — The Welsh Ministers need not consider an appeal if it seems to them that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

• — In practice, the Welsh Ministers do not refuse to consider appeals solely because the local planning authority based their decision on a direction given by them.

Purchase Notices E+W

• — If either the local planning authority or the Welsh Ministers refuse permission to develop land or grant it subject to conditions, the owner may claim that the owner can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

• — In these circumstances, the owner may serve a purchase notice on the local planning authority in whose area the land is situated. This notice will require the local planning authority to purchase the owner's interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. (The local planning authority may accept the notice and proceed to acquire the land; or reject the notice in which case they must refer the notice to the Welsh Ministers.)

Article 24B(2)

[F9 SCHEDULE 5A E+W

Textual Amendments

F9 Schs. 5A, 5B inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), art. 1(2), Sch. 3

Article 24B(3)]

SCHEDULE 5B E+W

Article 27

SCHEDULE 6 E+W Notice under Article 27

Article 28

SCHEDULE 7 E+W Certificate of Lawful Use or Development

Article 33

SCHEDULE 8 E+W STATUTORY INSTRUMENTS REVOKED

Title of Instrument	Reference	Extent of revocation
The Town and Country Planning (General Development Procedure) Order 1995 M1	SI 1995/419	The whole of the Order M2
The Town and Country Planning (General Development Procedure) (Welsh Forms) Order 1995	SI 1995/3336	The whole of the Order
National Park Authorities (Wales) Order 1995	SI 1995/2803	Paragraph 21 of Schedule 5 and article 18 in so far as it relates to that paragraph
The Town and Country Planning (General Development Procedure) (Amendment) Order 1996 M3	SI 1996/1817	The whole of the Order
Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996	SI 1996/525	Paragraph 20 of the Schedule and article 3 in so far as it relates to that paragraph
The Town and Country Planning (General Development Procedure) (Amendment) Order 1997 M4	SI 1997/858	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2002	SI 2002/1877 (W.186)	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2004	SI 2004/1434 (W.147)	The whole of the Order
The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004	SI 2004/3156 (W.273)	Article 11 and Schedule 1
The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2006	SI 2006/3390 (W.310)	The whole of the Order
The Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006	SI 2006/1386 (W.136)	Article 4
The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2008	SI 2008/2336 (W.199)	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2009	SI 2009/1024 (W.87)	The whole of the Order

Marginal Citations

M1 Revoked in so far as it applied to England by the Town and Country Planning (Development Management Procedure) Order 2010 (S.I. 2010/2184).

M2 See article 33 for savings.

M3 Revoked in so far as it applied to England by the Town and Country Planning (Development Management Procedure) Order 2010 (S.I. 2010/2184).

M4 Revoked in so far as it applied to England by the Town and Country Planning (Development Management Procedure) Order 2010 (S.I. 2010/2184).