The Developments of National Significance (Procedure) (Wales) Order 2016

Welsh Statutory Instruments

2016 No. 55 (W. 25)

Town And Country Planning, Wales

The Developments of National Significance (Procedure) (Wales) Order 2016

Made

27 January 2016

Laid before the National Assembly for Wales

2 February 2016

Coming into force in accordance with article 1

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59 and 61 of the Town and Country Planning Act 1990 M1 and now exercisable by them M2 , in exercise of the powers conferred on the Secretary of State by sections 62, 65, 69 and 71 of that Act M3 now exercisable by them (as applied with modifications by the Developments of National Significance (Application of Enactments) (Wales) Order 2016) M4 , in exercise of the powers conferred on them by sections 61Z, 62E, 62I, 62J, 62K, 62L, 62R, 71ZA, 71ZB and 333 of that Act M5 and in exercise of the powers conferred on the National Assembly for Wales by section 54 of the Planning and Compulsory Purchase Act 2004 M6 and now exercisable by them M7 , make the following Order:

Modifications etc. (not altering text)

C1 Order applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 9 para. 2 (with regs. 1(3), 49)

C2 Order applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 5 para. 3 (with regs. 1(3), 45)

C3 Order applied (with or without modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), regs. 1(2), 41, Schs. 1-10 (with regs. 1(3), 40)

C4 Order applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 10 para. 2 (with regs. 1(3), 50)

C5 Order applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 3 (with regs. 1(3), 47)

C6 Order applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 4 para. 3 (with regs. 1(3), 44)

Marginal Citations

M1 1990 c. 8; Section 59 was amended by section 27 of, and paragraph 3 of Schedule 4 to, and section 55 of, and paragraph 5 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw. 4) (“the 2015 Act”). There are other amendments which are not relevant to this instrument.

M2 The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1for the Town and Country Planning Act 1990 (“the 1990 Act”). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

M3 Section 62 was substituted by section 42(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), amended by section 17 of the 2015 Act and applied with modifications by article 3(1) of the Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54) (W. 24) (“the Application of Enactments Order”). Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), amended by section 40 of, and paragraph 35 of the Schedule to, the Agricultural Tenancies Act 1995 (c. 8) and applied with modifications by article 3(1) of the Application of Enactments Order. Section 69 was substituted by section 118 of, and paragraphs 1 and 3 of Schedule 6 to, the 2004 Act and amended by section 190(4)(b) and (c) of the Planning Act 2008 (c. 29) (“the 2008 Act”) and section 237 of, and Part 18 of Schedule 25 to, the Localism Act 2011 (c. 20); (see section 69(9) for the definition of “prescribed”). Section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the 1991 Act (see section 71(4) for the definition of “prescribed”) and section 58(1) of, and paragraph 6 of Schedule 4 to, the Mobile Homes (Wales) Act 2013 (anaw. 6) and was applied with modifications by article 3(1) of the Application of Enactments Order. There are other amendments to these sections which are not relevant to this instrument.

M4 S.I. 2016/54 (W. 24).

M5 Section 61Z was inserted by section 17(3) of the 2015 Act. Section 62E was inserted by section 19 of the 2015 Act. Sections 62I, 62J and 62K were inserted by section 21 of the 2015 Act. Section 62L was inserted by section 22 of the 2015 Act. Section 62R was inserted by section 25 of the 2015 Act. Section 71ZA was inserted by section 33 of the 2015 Act. Section 71ZB was inserted by section 34 of the 2015 Act. Section 333 was amended by section 78 of, and paragraph 32(12) of Schedule 10 to, the Environment Act 1995 (c. 25), section 118(1) of, and paragraphs 1 and 4 of Schedule 6 to, the 2004 Act, S.I. 2014/2773 (W. 280) and section 55 of, and paragraphs 3 and 6 of Schedule 7 to, the 2015 Act.

M6 2004 c. 5.

M7 The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

PART 1 E+W Preliminary

Title, commencement and application E+W

1.—(1) The title of this Order is the Developments of National Significance (Procedure) (Wales) Order 2016 and it comes into force immediately after the Application of Enactments Order comes into force.

(2) This Order applies where—

(a) an application is made to the Welsh Ministers under section 62D of the 1990 Act (developments of national significance: applications to be made to the Welsh Ministers) M8 ; or

(b) such an application is proposed to be made.

(3) Where the land is the subject of a special development order, whether made before or after the commencement of this Order, this Order will apply to that land only to such extent and subject to such modifications as may be specified in the special development order M9 .

Marginal Citations

M8 Section 62D was inserted by section 19 of the 2015 Act.

M9 “Special development order” (“gorchymyn datblygu arbennig”) means an order under section 59(3)(b) of the1990 Act.

Interpretation E+W

2.  In this Order—

“the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990;

“the 2004 Act” (“Deddf 2004”) means the Planning and Compulsory Purchase Act 2004;

“the 2012 Order” (“Gorchymyn 2012”) means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 M10 ;

[F1 “the Criteria Regulations” (“y Rheoliadau Meini Prawf”) means the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016;]

“the EIA Regulations” (“y Rheoliadau AEA”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations [F2 2017];

“the Application of Enactments Order” (“y Gorchymyn Cymhwyso Deddfau”) means the Developments of National Significance (Application of Enactments) (Wales) Order 2016 M11 ;

“address” (“cyfeiriad”) has the meaning given in article 3(1)(a);

“applicant” (“ceisydd”) means a person who either proposes to make an application or has made such an application;

“building” (“adeilad”) includes any structure or erection, and any part of a building, as defined in this article, but does not include plant or machinery or any structure in the nature of plant or machinery;

“community consultee” (“ymgynghorai cymunedol”) means—

(a)

each county or county borough councillor representing an electoral ward in which the land to which the proposed application relates is situated; and

(b)

each community council in whose area the land to which the proposed application relates is situated;

“design and access statement” (“datganiad dylunio a mynediad”) has the meaning given in article 14(1);

[F3 “EIA development” (“datblygiad AEA”) has the meaning in the EIA Regulations;]

“electronic communication” (“cyfathrebiad electronig”) has the meaning given in section 15(1) of the Electronic Communications Act 2000 (general interpretation) M12 ;

“electoral ward” (“ward etholiadol”) means any area for which a councillor is elected to a county council or a county borough council in Wales;

“environmental statement” (“datganiad amgylcheddol”) has the meaning given in regulation 2(1) of the EIA Regulations;

“erection” (“codi”), in relation to buildings as defined in this article, includes extension, alteration or re-erection;

“local planning authority” (“awdurdod cynllunio lleol”), except in the case of articles 25 and 26, means the local planning authority to which, but for section 62D of the 1990 Act, the application would be made;

“mining operations” (“gweithrediadau mwyngloddio”) means the winning and working of minerals in, on or under land, whether by surface or underground working;

“notification of proposed development” (“hysbysiad o ddatblygiad arfaethedig”) has the meaning given in article 5(2);

“representation period” (“cyfnod sylwadau”) has the meaning given in article 4;

[F4 “Schedule 1 development” (“datblygiad Atodlen 1”) and “Schedule 2 development” (“datblygiad Atodlen 2”) have the meanings in the EIA Regulations;]

[F5 “scoping direction” (“cyfarwyddyd cwmpasu”) has the meaning in the EIA Regulations;]

[F6 “scoping opinion” (“barn gwmpasu”) has the meaning in the EIA Regulations;]

“screening direction” (“cyfarwyddyd sgrinio”) has the same meaning given in regulation 2(1) of the EIA Regulations;

“by site display” (“drwy arddangos ar y safle”) means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“specialist consultee” (“ymgynghorai arbenigol”) means, in circumstances where the development M13 to which the application or proposed application relates falls within a category set out in the Table in Schedule 5, the authority, person or body mentioned in relation to that category; and

“working day” (“diwrnod gwaith”) means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday in Wales.

Textual Amendments

F1 Words in art. 2 inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(2) (with art. 1(2))

F2 Word in art. 2 substituted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(a) (with regs. 1(4), 55(2)(3), 63, 65)

F3 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(i) (with regs. 1(4), 55(2)(3), 63, 65)

F4 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(ii) (with regs. 1(4), 55(2)(3), 63, 65)

F5 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(iii) (with regs. 1(4), 55(2)(3), 63, 65)

F6 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(iv) (with regs. 1(4), 55(2)(3), 63, 65)

Marginal Citations

M10 S.I. 2012/801 (W. 110).

M11 S.I. 2016/54 (W. 24).

M12 2000 c. 7; section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c. 21).

M13 For the definition of “development” (“datblygiad”) see section 55 of the 1990 Act. See also regulation 56 of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58) (W. 28).

Electronic communications E+W

3.—(1) In this Order, and in relation to the use of electronic communications for any purpose of this Order which is capable of being effected electronically—

(a) the expression “address” (“cyfeiriad”) includes any number or address used for the purposes of such communications;

(b) references to notices, representations or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(2) Paragraphs (3) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order to give or send any statement, notice or other document to any other person (“the recipient”).

(3) The requirement is taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(4) In paragraph (3), “legible in all material respects” (“darllenadwy ym mhob modd perthnasol”) means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(5) Where the electronic communication is received by the recipient outside the recipient's business hours, it will be taken to have been received on the next working day.

(6) A requirement in this Order that any document should be in writing is fulfilled where that document meets the criteria in paragraph (3), and “written” (“ysgrifenedig”) and cognate expressions are to be construed accordingly.

(7) Except where a hard copy is expressly required, a requirement in this Order to send more than one copy of a statement or other document is complied with by sending one copy only of the statement or other document in question in electronic form.

Representation period E+W

4.—(1) Subject to paragraph (2), the “ representation period” (“cyfnod sylwadau”) is the period of 5 weeks beginning with the day on which the Welsh Ministers give notice in accordance with article 15(2) that they accept an application.

(2) The Welsh Ministers may in any particular case give a direction which extends the representation period.

PART 2 E+W Pre-application

Notification of proposed development E+W

5.—(1) An applicant must notify the Welsh Ministers and local planning authority of a proposed application in accordance with the following provisions of this article.

(2) The notification (“notification of proposed development”) (“hysbysiad o ddatblygiad arfaethedig”) must consist of—

(a) the form published for this purpose by the Welsh Ministers (or a form substantially to the like effect), including the particulars specified or referred to in the form;

(b) a plan which identifies the land to which the application relates; and

(c) either—

(i) a statement confirming that an environmental statement will be provided; or

(ii) a screening direction.

(3) Such notification must be accompanied by any fee required to be paid in relation to the giving of such notification.

Acceptance of notification of proposed development E+W

6.—(1) Where an applicant notifies the Welsh Ministers of a proposed application in accordance with article 5, the Welsh Ministers must give notice to the applicant and local planning authority of their acceptance of that notification in accordance with the following provisions of this article.

(2) Such notice must be given in writing within 10 working days, beginning with the day of receipt of the notification by the Welsh Ministers (or such longer period as the Welsh Ministers may in any particular case determine).

(3) Where the Welsh Ministers give notice in accordance with this article and the applicant does not make an application within 12 months, beginning with the date on which the notice is given, the notice is to be taken as having lapsed, and in such circumstances the applicant must give a fresh notification of proposed development in accordance with article 5 before any application may be made.

(4) Where the Welsh Ministers consider that they have received notification of proposed development which is not in accordance with article 5, they must within 10 working days, beginning with the day of receipt of the notification by the Welsh Ministers (or such longer period as the Welsh Ministers may in any particular case determine) inform the following in writing that such notification is not accepted —

(a) the applicant;

(b) the local planning authority; and

(c) any other persons that the Welsh Ministers consider appropriate.

Requirement to carry out pre-application consultation E+W

7.  Development of national significance M14 is specified for the purposes of section 61Z of the 1990 Act (Wales: requirement to carry out pre-application consultation).

Marginal Citations

M14 See section 62D(3) of the 1990 Act and the Specified Criteria and Prescribed Secondary Consents Regulations.

Publicity before applying for planning permission E+W

8.—(1) The applicant must publicise the proposed application by—

(a) giving requisite notice—

(i) by site display in at least one place on or near the land to which the proposed application relates for not less than 42 days;

(ii) in writing to any owner or occupier of any land adjoining the land to which the proposed application relates: and

(iii) by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed application relates is situated; and

(b) publishing the following information on a website maintained by the applicant, for not less than 42 days beginning with each day on which each of the notices referred to in subparagraph (a) or article 9(2) are given—

(i) the draft application form published by the Welsh Ministers under article 12(1)(a) (or a form substantially to the like effect), including the particulars specified in or referred to in the form;

(ii) a plan which identifies the land to which the proposed application relates;

(iii) any other plans, drawings and information necessary to describe the development which is the subject of the proposed application;

(iv) a copy of the notice required by article 6 which has not lapsed under paragraph (3) of that article;

(v) the design and access statement required by article 14;

(vi) subject to article 12(3), the particulars or evidence required by the Welsh Ministers under section 62(3) of the 1990 Act (applications for planning permission) M15 ;

(vii) where applicable, a statement referred to as the environmental statement for the proposed development; F7 ...

(viii) a written statement about any secondary consent M16 connected with the proposed application M17 in respect of which the applicant considers a decision on that consent is to be made or should be made by the Welsh Ministers, together with the draft application form and documents associated with such consents [F8 ; and]

[F9 (ix) in the case of development within regulation 3(1)(ab) of the Criteria Regulations, a written statement about the length of the proposed line and its nominal voltage.]

(2) The applicant must have complied with paragraph (1) before an application is submitted.

(3) Any plans or drawings required to be provided by paragraph (1)(b)(ii) or (iii) must be drawn to a scale identified by the applicant and, in the case of plans, must show the direction of north.

(4) Where the notice referred to in paragraph (1)(a)(i) is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 42 days has elapsed, the applicant will be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps to protect the notice and, if need be, replace it.

(5) In this article, “requisite notice” (“hysbysiad gofynnol”) means notice in the appropriate form set out in Schedule 1 or in a form substantially to the like effect.

Textual Amendments

F7 Word in art. 8(1)(b)(vii) omitted (1.4.2019) by virtue of The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(3)(a) (with art. 1(2))

F8 Word in art. 8(1)(b)(viii) inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(3)(b) (with art. 1(2))

F9 Art. 8(1)(b)(ix) inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(3)(c) (with art. 1(2))

Marginal Citations

M15 Section 62(3) was applied with modifications by article 3(1) of the Application of Enactments Order.

M16 For the definition of “secondary consent” (“cydsyniad eilaidd”) see section 62H of the 1990 Act. Section 62H was inserted by section 20 of the 2015 Act. Secondary consents are prescribed for the purposes of section 62H(1) by the Specified Criteria and Prescribed Secondary Consents Regulations.

M17 See section 62F(6) of the 1990 Act. Section 62F was inserted by section 20 of the 2015 Act.

Consultation before applying for planning permission E+W

9.—(1) The following persons or descriptions of persons are specified for the purposes of section 61Z(4) of the 1990 Act—

(a) any community consultee;

(b) any specialist consultee; and

(c) any relevant person M18 .

(2) Where an applicant is required to consult a community consultee or a relevant person, the applicant must give the community consultee or the relevant person requisite notice in writing of the proposed application.

(3) Where an applicant is required to consult a specialist consultee, the applicant must give the specialist consultee requisite notice in writing of the proposed application and enclose each of the documents referred to in article 8(1)(b) or provide a link to a website on which those documents can be found.

(4) The applicant must have complied with paragraphs (2) and (3) and have given the specialist consultee time to respond in accordance with article 10(1) before an application is submitted.

(5) In this article, “requisite notice” (“hysbysiad gofynnol”) means—

(a) in relation to a community consultee or a relevant person notice in the appropriate form set out in Schedule 1; and

(b) in relation to a specialist consultee notice in the appropriate form set out in Schedule 2,

or in a form substantially to the like effect.

Marginal Citations

M18 See section 62G(2) of the 1990 Act for the meaning of “relevant person” (“person perthnasol”). Section 62G was inserted by section 20 of the 2015 Act.

Duty to respond to pre-application consultation: specialist consultees E+W

10.—(1) A specialist consultee, consulted in accordance with the provisions of section 61Z(4) of the 1990 Act, must provide a substantive response within 42 days beginning with the day on which the notice referred to in article 9(3) is given or such other period as may be agreed in writing between the specialist consultee and the applicant.

(2) For the purposes of this article, a substantive response is one which—

(a) states that the specialist consultee has no comment to make;

(b) states that the specialist consultee has no objection to the proposed development and refers the applicant to current standing advice by the specialist consultee on the subject of the consultation;

(c) advises the applicant of any concerns identified in relation to the proposed development and how those concerns can be addressed; or

(d) advises the applicant that the specialist consultee has concerns and that it would object to an application for planning permission made in the same or substantially the same terms and sets out the reasons for those objections.

Pre-application consultation reports E+W

11.—(1) Where an applicant submits an application to the Welsh Ministers in accordance with article 12, that application must be accompanied by a pre-application consultation report which gives particulars of—

(a) how the applicant complied with section 61Z of the 1990 Act;

(b) any response to the consultation received from persons consulted under section 61Z(3) or (4) of the 1990 Act; and

(c) the account taken of those responses.

(2) The pre-application consultation report must include—

(a) a copy of the notice referred to in article 8(1)(a)(i);

(b) a declaration that the notice referred to in article 8(1)(a)(i) was displayed in accordance with the requirements of that article;

(c) a list of the addresses of the persons who were given notice of the proposed application in accordance with article 8(1)(a)(ii) and a copy of the notice given to such persons;

(d) a copy of the publication referred to in article 8(1)(a)(iii);

(e) a declaration that the applicant has complied with the publication requirements in article 8(1)(b);

(f) copies of all notices given to community consultees, relevant persons and specialist consultees in accordance with articles 9(2) and 9(3);

(g) a summary of all issues raised by any person notified of the proposed application in accordance with section 61Z(3) of the 1990 Act and articles 8 and 9(2), including confirmation of whether the issues raised have been addressed and, if so, how; and

(h) copies of all responses received from specialist consultees with an explanation of the account taken of each response.

PART 3 E+W Applications

Applications: general requirements E+W

12.—(1) An application must consist of —

(a) the application form published by the Welsh Ministers (or a form substantially to the like effect), including the particulars specified or referred to in the form;

(b) except in the case of an application made pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached) M19 —

(i) a plan which identifies the land to which the application relates;

(ii) any other plans, drawings and information necessary to describe the development which is the subject of the application;

(iii) a copy of the notice required by article 6 which has not lapsed under paragraph (3) of that article;

(iv) a design and access statement in accordance with article 14;

(v) the certificate required by article 17;

(vi) the pre-application consultation report required by article 11;

(vii) the particulars or evidence required by the Welsh Ministers under section 62(3) of the 1990 Act;

(viii) where applicable, an environmental statement;

(ix) a written statement about secondary consents connected with the proposed application in respect of which the applicant considers a decision is to be made or should be made by the Welsh Ministers; F10 ...

(x) a written statement about the status of discussions between the applicant and the local planning authority in respect of obligations under section 106 of the 1990 Act (planning obligations) M20 [F11 ; and]

[F12 (xi) in the case of development within regulation 3(1)(ab) of the Criteria Regulations, a written statement about the length of the proposed line and its nominal voltage, and whether all necessary wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line.]

(2) Any plans or drawings required to be provided by paragraph (1)(b)(i) or (1)(b)(ii) must be drawn to a scale identified by the applicant and, in the case of plans, must show the direction of north.

(3) Paragraph (1)(b)(vii) only applies if—

(a) before the application is made the Welsh Ministers publish a list of requirements on their website; and

(b) the particulars or evidence that the Welsh Ministers require to be included in the application fall within that list.

(4) An application for development which includes mining operations or the use of land for mineral-working deposits M21 must consist of—

(a) the application form published by the Welsh Ministers (or a form substantially to the like effect), including the particulars specified or referred to in the form; and

(b) except in the case of an application made pursuant to section 73 of the 1990 Act, the documents referred to in paragraph (1)(b).

(5) Where an application is made by electronic communications, the applicant must on the same day as making the application deposit one hard copy of the application with—

(a) the Welsh Ministers; and

(b) the local planning authority.

(6) The applicant must, as soon as reasonably practicable, confirm their compliance with the requirement in paragraph (5)(b) to the Welsh Ministers in writing.

[F13 (6A) Paragraphs (5) and (6) do not apply to an application made during the period—

(a) beginning with 19 May 2020, and

(b) ending with [F14 8 October 2021].

(7) Where the Welsh Ministers receive an application, they must as soon as practicable notify the local planning authority of its receipt.

(8) An application must be accompanied by any fee payable in respect of—

(a) the initial administration of the application; and

(b) any local impact report required under section 62I(2) of the 1990 Act.]

Textual Amendments

F10 Word in art. 12(1)(b)(ix) omitted (1.4.2019) by virtue of The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(4)(a) (with art. 1(2))

F11 Word in art. 12(1)(b)(x) inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(4)(b) (with art. 1(2))

F12 Art. 12(1)(b)(xi) inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(4)(c) (with art. 1(2))

F13 Art. 12(6A) inserted (19.5.2020) by The Planning Applications (Temporary Modifications and Disapplication) (Wales) (Coronavirus) Order 2020 (S.I. 2020/514), arts. 1(2), 4

F14 Words in art. 12(6A)(b) substituted (9.1.2021) by The Planning Applications (Temporary Modifications and Disapplication) (No. 3) (Wales) (Coronavirus) Order 2020 (S.I. 2020/1516), arts. 1(2), 3(2)

Marginal Citations

M19 Section 73 was amended by sections 42(2), 51(3), 120 of, and Schedule 9 to, the 2004 Act and section 35(7) of the 2015 Act and was applied with modifications by article 3(1) of the Application of Enactments Order. Applications made pursuant to section 73 which are to be treated as nationally significant development in accordance with section 62D(6) of the 1990 Act, are those of a description specified in regulation 51 of the Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56) (W. 26).

M20 Section 106 was substituted by section 12(1) of the 1991 Act and amended by section 174(2) of the 2008 Act and section 7 of, paragraph 3 of Schedule 2 to, the Growth and Infrastructure Act 2013 (c. 27).

M21 For the definition of “mineral-working deposit”

see section 336 of the 1990 Act.

Applications in respect of Crown land E+W

13.  An application in respect of Crown land must be accompanied by—

(a) a statement that the application is made in respect of Crown land; and

(b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.

Design and access statements E+W

14.—(1) An application must include a statement (“a design and access statement”) (“datganiad dylunio a mynediad”) which complies with paragraph (2).

(2) A design and access statement must—

(a) explain the design principles and concepts that have been applied to the development;

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account;

(c) explain the policy or approach adopted as to access, and how policies relating to access in the development plan M22 have been taken into account; and

(d) explain how any specific issues which might affect access to the development have been addressed.

Marginal Citations

M22 See sections 38 and 62 of the 2004 Act.

Acceptance of applications E+W

15.—(1) The Welsh Ministers are to be taken as having received a “valid application” when they are in receipt of each of the following—

(a) an application which is in accordance with article 12(1);

(b) any fee required to be paid in respect of pre-application services provided under the Developments of National Significance (Wales) Regulations 2016 M23 ;

(c) the fee referred to in article 5(3); and

(d) the fees referred to in article 12(8)(a).

(2) Where the Welsh Ministers receive a valid application, they must give notice of their acceptance of the application (“notice of acceptance”) (“hysbysiad derbyn”) to the applicant and the local planning authority in accordance with paragraph (4).

(3) It is the giving of such notice in accordance with paragraph (2) that constitutes acceptance of the application for the purposes of section 62L(3) of the 1990 Act (timetable for determining applications) (and the date the notice is given constitutes the date of acceptance).

(4) Notice of acceptance —

(a) must be given in writing within the relevant period;

(b) must confirm that the application is accepted; and

(c) may include such other information related to the application as the Welsh Ministers consider appropriate.

(5) Where the Welsh Ministers consider that an application they have received is not a valid application, they must within the relevant period notify the following that the application is not accepted—

(a) the applicant;

(b) the local planning authority; and

(c) any other persons that the Welsh Ministers consider appropriate.

(6) Notification given under paragraph (5) must include the reasons why the Welsh Ministers consider that the application received is not a valid application.

(7) In this article, “the relevant period” (“y cyfnod perthnasol”) is—

(a) in a case where the application is accompanied by an environmental statement, 42 days, beginning with the day on which the Welsh Ministers are in receipt of an application, or such longer period as the Welsh Ministers may determine; or

(b) in a case where the application is not accompanied by an environmental statement, 28 days, beginning with the day on which the Welsh Ministers are in receipt of an application, or such longer period as the Welsh Ministers may determine.

Marginal Citations

M23 S.I. 2016/56 (W. 26).

Notices of applications for planning permission E+W

16.—(1) Subject to paragraph (2), an applicant must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant—

(a) by serving the notice on every such person whose name and address is known to the applicant; and

(b) where the applicant has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by publication of the notice after the prescribed date in a newspaper circulating in the locality in which the land to which the application relates is situated.

(2) In the case of an application consisting of the winning and working of minerals by underground operations, instead of giving notice in the manner provided for by paragraph (1), the applicant must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant—

(a) by serving the notice on every such person whom the applicant knows to be such a person and whose name and address is known to the applicant;

(b) by publication of the notice after the prescribed date in a newspaper circulating in the locality in which the land to which the application relates is situated; and

(c) by site display in at least one place in every community within which there is situated any part of the land to which the application relates, leaving the notice in position for not less than 7 days in the period of 21 days immediately preceding the making of the application to the Welsh Ministers.

(3) The notice required by paragraph (2)(c) must (in addition to any other matters required to be contained in it) state the address of the website where a copy of the application, and of all plans and other documents submitted with it, will be published.

(4) Where the notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 7 days referred to in paragraph (2)(c) has elapsed, the applicant will be treated as having complied with the requirements of that paragraph if the applicant has taken reasonable steps to protect the notice and, if need be, replace it.

(5) The date prescribed for the purposes of section 65(2) of the 1990 Act (notice etc of applications for planning permission), and the “prescribed date” (“dyddiad rhagnodedig”) for the purposes of this article, is the day 21 days before the date of the application.

(6) The applications prescribed for the purposes of paragraph (c) of the definition of “owner” (“perchennog”) in section 65(8) of the 1990 Act are minerals applications, and the minerals prescribed for the purposes of that paragraph are any minerals other than oil, gas, coal, gold or silver.

(7) In this article—

“minerals application” (“cais mwynau”) means an application for development consisting of the winning and working of minerals;

“requisite notice” (“hysbysiad gofynnol”) means notice in the appropriate form set out in Schedule 3 (or in a form substantially to the like effect), but will not include notice served using electronic communications; and

“tenant” (“tenant”) means an agricultural tenant as defined in section 65(8) of the 1990 Act, of land any part of which is comprised in the land to which an application relates.

Certificates in relation to notices of applications E+W

17.—(1) Where an application is made, the applicant must certify, in a form published by the Welsh Ministers (or in a form substantially to the like effect), that the requirements of article 16 have been satisfied.

(2) If an applicant has cause to rely on paragraph (5) of article 16, the certificate must state the relevant circumstances.

Publicity for applications for planning permission: Welsh Ministers E+W

18.—(1) An application must be publicised by the Welsh Ministers in the manner prescribed by this article.

(2) An application must be publicised by giving requisite notice—

(a) by publication, within the relevant period, of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

(b) by serving the notice, within the relevant period, on any adjoining owner or occupier.

(3) The following information must be published on a website maintained by the Welsh Ministers—

(a) the address and location of the proposed development;

(b) a description of the proposed development;

[F15 (ba) in the case of an application accompanied by an environmental statement—

(i) the fact that the development is subject to an environmental impact assessment procedure;

(ii) the environmental statement, any relevant scoping direction, and any further information or any other information;

(iii) in accordance with the Freedom of Information Act 2000 and the Data Protection Act 1998, the main reports and advice issued to the Welsh Ministers at the time the information is published (if any);

(iv) in accordance with the Environmental Information Regulations 2004, information other than that required under any other sub-paragraph which is relevant to the decision and which only becomes available after the time the information required by this paragraph was first published;

(v) how copies of the environmental statement may be obtained and the cost of such copies;

(vi) other details of the arrangements for public participation in the decision-making procedure including a description of the procedure for the publication of any additional information subsequently submitted by the applicant;

(vii) details of the authority responsible for taking the decision;]

(c) the date by which any representations about the application must be received [F16 which, in the case of an application accompanied by an environmental statement, must not be before the last day of the period of 30 days beginning on the latest date on which the application has been publicised in accordance with article 18(2), (3) or 19(2)];

(d) where and when the application may be inspected; and

(e) how representations may be made about the application.

(4) In this article—

“adjoining owner or occupier” (“perchennog neu feddianydd cyffiniol”) means an owner or occupier of any land adjoining the land to which the application relates;

[F17 “further information” (“gwybodaeth bellach”) and “any other information” (“unrhyw wybodaeth arall”) have the same meanings as the EIA Regulations;]

“the relevant period” (“y cyfnod perthnasol”) means 5 working days, beginning with the day on which the Welsh Ministers accept the application in accordance with article 15(3); and

“requisite notice” (“hysbysiad gofynnol”) means notice in the appropriate form set out in Schedule 4 (or in a form substantially to the like effect).

Textual Amendments

F15 Art. 18(3)(ba) inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(3)(a) (with regs. 1(4), 55(2)(3), 63, 65)

F16 Words in art. 18(3)(c) inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(3)(b) (with regs. 1(4), 55(2)(3), 63, 65)

F17 Words in art. 18(4) inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(3)(c) (with regs. 1(4), 55(2)(3), 63, 65)

Publicity for applications for planning permission: local planning authority E+W

19.—(1) An application must be publicised by the local planning authority in the manner prescribed by this article.

(2) The local planning authority must give notice by site display, in a form supplied to them by the Welsh Ministers, in at least one place in its area which is on or near the land to which the application relates for not less than [F18 30 days, in the case of an application accompanied by an environmental statement, and 21 days in any other case].

(3) Where the local planning authority has satisfied the requirement in paragraph (2), they must inform the Welsh Ministers in writing that they have done so within 5 working days, beginning with the day on which the notice is given.

(4) Where the local planning authority fails to comply with the requirement in paragraph (2), the Welsh Ministers may take the steps required of the authority by that paragraph in place of the authority.

(5) Where the notice is, without any fault or intention of the local planning authority (or the Welsh Ministers, as the case may be in accordance with paragraph (4)), removed, obscured or defaced before the period of [F19 21 or 30 days, as appropriate,] referred to in paragraph (2) has elapsed, they will be treated as having complied with the requirements of that paragraph if they have taken reasonable steps to protect the notice and, if need be, replace it.

Textual Amendments

F18 Words in art. 19(2) substituted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(4)(a) (with regs. 1(4), 55(2)(3), 63, 65)

F19 Words in art. 19(5) substituted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(4)(b) (with regs. 1(4), 55(2)(3), 63, 65)

Register of applications E+W

20.—(1) The local planning authority must within the relevant period place on the register required to be kept under article 29 of the 2012 Order a copy of—

(a) any application made to the Welsh Ministers;

(b) any notification of receipt of an application given by the Welsh Ministers under article 12(7);

(c) any notice of acceptance given by the Welsh Ministers in relation to an application under article 15(2);

(d) any notification that an application is not accepted so given under article 15(5);

(e) any written notice of a decision given in relation to an application under article 29; and

(f) any revised notice of a decision to grant planning permission given under article 30.

(2) In this article, “the relevant period” (“y cyfnod perthnasol”) is 5 working days, beginning with—

(a) in a case where an application, notification or notice of the kind referred to in paragraph (1)(a) to (e) is made or given, the day on which the local planning authority receives the application, notification or notice; or

(b) in a case where a notice referred to in paragraph (1)(f) is given, the day on which the local planning authority gives such notice.

Representations received by the local planning authority in respect of applications E+W

21.  Where representations in relation to an application are received by the local planning authority they must, as soon as is practicable, forward the representations to the Welsh Ministers at the address notified to the authority by the Welsh Ministers for that purpose.

PART 4 E+W Consultations before the grant of permission

Duty to consult before the grant of permission E+W

22.—(1) The Welsh Ministers must, within the representation period, consult any specialist consultee, except where a specialist consultee has advised the Welsh Ministers that it does not wish to be consulted.

(2) The exception in paragraph (1) does not apply where, in the opinion of the Welsh Ministers, development falls within paragraph (t) of the Table in Schedule 5.

(3) The Welsh Ministers may in any case or class of case also consult any authority, body or person in addition to those specified in Schedule 5.

(4) Where, by or under this article, the Welsh Ministers are required to consult any specialist consultee before granting planning permission—

(a) they must give notice of the application to the specialist consultee; and

(b) they must not determine the application until at least 21 days [F20 , or in the case of an application accompanied by an environmental statement 30 days,] after the date on which the notice is given under sub-paragraph (a).

(5) The Welsh Ministers must in determining the application take into account any representations received from a specialist consultee.

Textual Amendments

F20 Words in art. 22(4)(b) inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(5) (with regs. 1(4), 55(2)(3), 63, 65)

Duty to respond to consultation E+W

23.—(1) The requirement to consult in article 22(1) and (2) is prescribed for the purposes of section 54(2)(b) of the 2004 Act (duty to respond to consultation).

(2) For the purposes of section 54(4)(a) of the 2004 Act the period prescribed is—

(a) [F21 30 days, in the case of an application accompanied by an environmental statement and 21 days in any other case, in either case], beginning with the earlier of—

(i) the day on which notice referred to in article 22(4)(a) is given; or

(ii) the date of service of a copy of the application on the specialist consultee; or

(b) such other period as may be agreed in writing between the specialist consultee and the Welsh Ministers.

(3) For the purposes of this article and pursuant to section 54(5)(c) of the 2004 Act, a substantive response is one which—

(a) where no consultation for the purposes of section 61Z of the 1990 Act has taken place, or the specialist consultee has failed to give a response in accordance with article 10—

(i) states that the specialist consultee has no comment to make;

(ii) states that the specialist consultee has no objection to the proposed development and refers the Welsh Ministers to current standing advice by the specialist consultee on the subject of the consultation;

(iii) advises the Welsh Ministers of any concerns identified in relation to the proposed development and how those concerns can be addressed by the applicant;

(iv) advises that the specialist consultee objects to the proposed development and sets out the reasons for the objection; or

(b) where consultation for the purposes of section 61Z of the 1990 Act has taken place and the specialist consultee has given a response in accordance with article 10—

(i) states that the specialist consultee has no further comment to make in respect of the proposed development and confirms that any comments made under article 10 remain relevant;

(ii) advises the Welsh Ministers of any new concerns identified in relation to the proposed development, why the concerns were not identified in the response given in accordance with article 10 and—

(aa) how concerns can be addressed by the applicant; or

(bb) that the specialist consultee objects to the proposed development and sets out the reasons for the objection.

Textual Amendments

F21 Words in art. 23(2)(a) substituted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(6) (with regs. 1(4), 55(2)(3), 63, 65)

Duty to respond to consultation: annual reports E+W

24.—(1) Each specialist consultee which is, by virtue of section 54 of the 2004 Act and article 23, under a duty to respond to consultation must give to the Welsh Ministers, not later than 1 July in each year, beginning with the 1 July 2017, a report as to that specialist consultee's compliance with section 54(4) of the 2004 Act.

(2) Each specialist consultee which is, by virtue of article 10 under a duty to respond to pre-application consultation must, in the report given to the Welsh Ministers in accordance with paragraph (1), include a report as to the specialist consultee's compliance with that article.

(3) The report must relate to the period of 12 months commencing on 1 April in the preceding year (“the report year”).

(4) The report must contain, in respect of any report year, a statement as to—

(a) the number of occasions on which the specialist consultee was consulted;

(b) the number of occasions on which a substantive response was provided;

(c) when the substantive response was provided; and

(d) the number of occasions on which the specialist consultee gave—

(i) a substantive response outside the period prescribed for the purposes of section 54(4) of the 2004 Act or, as the case may be, the period specified in or referred to in article 10(1); and

(ii) a summary of the reasons why.

(5) In this article “substantive response” (“ymateb o sylwedd”) means either a substantive response to the applicant or a substantive response to the Welsh Ministers or both in accordance with articles 10 and 23.

PART 5 E+W Reports

Local impact reports E+W

25.—(1) A local impact report required in relation to an application by section 62I(2) and (4) of the 1990 Act (requirement to submit local impact report) must comply with this article.

(2) Such report must—

(a) include a description of—

(i) the relevant planning history of the land to which the application relates;

(ii) any local designations relevant to the land to which the application relates;

(iii) the likely impact of any application in relation to a secondary consent (whether made to, or referred to, the Welsh Ministers under section 62F of the 1990 Act) being granted;

(b) specify any—

(i) locally applicable planning policies, guidance and other documents relevant to the application; and

(ii) draft conditions or obligations to which the relevant local planning authority M24 considers the application should be subject, if it were granted, which would mitigate any likely impacts of the proposed development on the area (or part of the area) of the authority; and

(c) include—

(i) a copy of the notice required to be displayed under article 19(2);

(ii) a photograph of the notice on display; and

(iii) a description of the location of the notice by reference to a map.

(3) The step taken by the Welsh Ministers for the purposes of section 62I of the 1990 Act is giving notice of acceptance in accordance with article 15(3).

Marginal Citations

M24 See section 62I(5) of the 1990 Act for the meaning of “relevant local planning authority” (“awdurdod cynllunio lleol perthnasol”) for the purposes of section 62I(2).

Voluntary local impact reports E+W

26.—(1) Any community council, or local planning authority, submitting a voluntary local impact report under section 62J(2) of the 1990 Act (duty to have regard to local impact report) must do so within the representation period.

(2) Such report must—

(a) include a description of the likely impact of any application in relation to a secondary consent (whether made to, or referred to, the Welsh Ministers under section 62F of the 1990 Act) being granted; and

(b) specify any—

(i) locally applicable planning policies, guidance and other documents relevant to the application; and

(ii) draft conditions or obligations to which the authority or council consider the application, if granted, should be subject for the purpose of mitigating any likely impacts of the proposed development on the area (or part of the area) of the council or authority.

PART 6 E+W Variation of applications

Procedure in respect of variation of applications E+W

27.—(1) Subject to the following provisions of this article, an application may, with the agreement of the Welsh Ministers, be varied after it is made.

(2) An applicant may only propose the variation of a particular application to the Welsh Ministers on one occasion.

(3) An applicant proposing variation of an application must notify the Welsh Ministers in writing within the 10 working days which follow the expiry of the representation period.

(4) Such notification (“notification of intention to vary”) (“hysbysiad o fwriad i amrywio”) must—

(a) be given on a form published by the Welsh Ministers (or a form substantially to the like effect);

(b) provide a description of the variation that the applicant wishes the Welsh Ministers to accept for their consideration; and

(c) be accompanied by any fee required to be paid in relation to the giving of such notification.

(5) The Welsh Ministers must, within 5 working days of receipt of notification of intention to vary given in accordance with paragraph (4), give notice to the applicant indicating whether the Welsh Ministers will accept the proposed variation for the purpose of considering whether or not they agree to the variation.

(6) Where the Welsh Ministers give notice under paragraph (5) which confirms that they will not accept the proposed variation for the purposes of considering whether or not they agree to the variation, it is the application as originally made under article 12 that falls to be determined by the Welsh Ministers.

(7) Where the Welsh Ministers give notice under paragraph (5) which confirms that they will accept the proposed variation for the purposes of considering whether or not they agree to the proposed variation, the applicant must formally submit the proposed variation to the Welsh Ministers within 28 days, beginning with the day on which the notice is given.

(8) Where the Welsh Ministers consider the proposed variation to be such that there is a substantial change in the nature of the development for which planning permission is sought, they must not agree to the variation.

(9) The Welsh Ministers may consult on any variation proposed by an applicant with such persons, and in such manner, as they consider appropriate.

(10) The Welsh Ministers may, when an application is varied under this article, give such notice of the variation as they consider appropriate.

PART 7 E+W Determination and notification of initiation of development

Representations to be taken into account E+W

28.—(1) The Welsh Ministers must, in determining an application, take into account any representation made in response to—

(a) notice given by site display under article 16 or 19;

(b) notice served on—

(i) an owner of the land or tenant under article 16; or

(ii) an adjoining owner or occupier under article 18;

(c) notice or information published in a newspaper under article 16 or 18 or on a website under article 18.

(2) The requirement in paragraph (1) applies only where the representations in question are received during the representation period.

(3) The Welsh Ministers may disregard any representation made after the expiry of the representation period.

(4) The representations and periods referred to in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the 1990 Act (consultations in connection with determinations under section 70).

Written notice of decision relating to an application E+W

29.—(1) Subject to paragraph (2), where the Welsh Ministers accept an application in accordance with article 15, they must give the applicant and local planning authority notice of their decision.

(2) Paragraph (1) does not apply in a case where an application is withdrawn or deemed to be withdrawn M25 .

(3) When the Welsh Ministers give notice of a decision on an application and planning permission is either granted subject to conditions or the application is refused, the notice must state clearly and precisely the full reasons for the refusal or for any condition imposed specifying all policies and proposals in the development plan which are relevant to the decision.

F22 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Art. 29(4)(5) omitted (W.) (16.5.2017) by virtue of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(7) (with regs. 1(4), 55(2)(3), 63, 65)

Marginal Citations

M25 See regulations 10(9) and 12(8) of the Developments of National Significance (Fees) (Wales) Regulations 2016 (S.I. 2016/57) (W.27) in respect of the deemed withdrawal of applications.

Revised notice of decision to grant planning permission E+W

30.—(1) The person specified for the purposes of section 71ZA(5) of the 1990 Act (decision notices) is the applicant.

(2) For the purposes of section 71ZA(6) the details to be included in the revised version of the notice of a decision to grant planning permission are—

(a) the reference number;

(b) the date and effect of the decision;

(c) the name of the body that made the decision; and

(d) the revision number.

Notification of initiation of development and display of notice E+W

31.—(1) A planning permission for development of national significance is specified for the purposes of section 71ZB(6) of the 1990 Act.

(2) The notice to be given to a local planning authority before beginning any development to which a relevant planning permission relates, in accordance with section 71ZB(1) of the 1990 Act, must be in the form set out in Schedule 6 (or in a form substantially to the like effect).

(3) The notice to be displayed at all times when development to which a relevant planning permission relates is being carried out in accordance with section 71ZB(2) of the 1990 Act must—

(a) be in the form set out in Schedule 7 (or in a form substantially to the like effect);

(b) be firmly affixed and displayed in a prominent place at or near the place where the development is being carried out;

(c) be legible and easily visible to the public without having to enter the site; and

(d) be printed on durable material.

(4) Where the notice to be displayed is, without any fault or intention of the person carrying out development, removed, obscured or defaced, the person will be treated as having complied with the requirements of sub-paragraphs (b) and (c) of paragraph (3) if they have taken reasonable steps to protect the notice and, if need be, replace it.

PART 8 E+W Amendment to 2012 Order

Amendment to the 2012 Order E+W

32.—(1) The 2012 Order is amended as follows.

(2) After article 1(3) insert—

(3)  

“(4) Nothing in this Order, except for articles 29 and 30, applies where—

(a) an application is made to the Welsh Ministers under section 62D of the 1990 Act (developments of national significance: applications to be made to the Welsh Ministers); or

(b) such an application is proposed to be made.”

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

Articles 8 and 9(5)

[F23 SCHEDULE 1 E+W Publicity and consultation before applying for planning permission

Textual Amendments

F23 Sch. 1 substituted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(5), Sch. 1 (with art. 1(2))

 ]

Article 9(5)

[F24 SCHEDULE 2 E+W

Textual Amendments

F24 Sch. 2 substituted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(6), Sch. 2 (with art. 1(2))

 ]

Article 16

SCHEDULE 3 E+W Notices under Article 16

Article 18

F25 F26 SCHEDULE 4 E+W Publicity for applications

Textual Amendments

F25 Sch. 4: In the form, the words “+The proposed development is likely to have significant effects in another EEA State” are inserted after “+The application is accompanied by an Environmental Statement” (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(8)(a) (with regs. 1(4), 55(2)(3), 63, 65)

F26 Sch. 4: In the form, in note j), the word “30” is substituted for “21”; and the words “, or in the case of an application which is not required to be accompanied by an environmental statement in accordance with the EIA Regulations, that period must be 21 days” are inserted after “publication” (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(8)(b) (with regs. 1(4), 55(2)(3), 63, 65)

Article 22

SCHEDULE 5 E+W Duty to consult before the grant of permission

Table

Paragraph	Description of Development	Specialist Consultee
(a)	Development within an area which has been notified to the Welsh Ministers 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—	The Health and Safety Executive
	(i) more than 500 square metres of office floor space; or
	(ii) 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
(b)	Development within an area which has been notified to the Welsh Ministers 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—	The Office for Nuclear Regulation
	(i) more than 500 square metres of office floor space; or
	(ii) 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
(c)	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
(d)	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
(e)	Development likely to prejudice the improvement or construction of a classified road or proposed highway	The local highway authority concerned
(f)	Development which involves the provision of a building or pipe-line in an area of coal working notified by the Coal Authority to the Welsh Ministers	The Coal Authority
(g)	Development involving or including mining operations	The Natural Resources Body for Wales
[F27 (h)	(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]
(i)	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
(j)	Development for the purpose of refining or storing mineral oils and their derivatives	The Natural Resources Body for Wales
(k)	F28 . . .	F28 . . .
(l)	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
(m)	Development affecting the use of land as a cemetery	The Natural Resources Body for Wales
(n)	Development—	The Natural Resources Body for Wales
	(i) in or likely to affect a site of special scientific interest; or
	(ii) within an area which has been notified to the Welsh Ministers 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 Welsh Ministers by the Natural Resources Body for Wales, in accordance with section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest) M26
(o)	Development involving any land on which there is a theatre	The Theatres Trust
(p)	Development which is not for agricultural purposes, is not in accordance with the provisions of a development plan and involves—	The Welsh Ministers
	(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
(q)	Development within 250 metres of land which—	The Natural Resources Body for Wales
	(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 Welsh Ministers by the Natural Resources Body for Wales for the purposes of this provision
(r)	Development which—	The Sports Council for Wales M27
	(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
(s)	Development likely to affect—	The Canal & River Trust
	(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 Welsh Ministers by the Canal & River Trust
(t)	Development—	(a) The control of major accident hazards competent authority; and (b) in relation to development falling within paragraph (iii), any person who is the person in control of the land on which any existing establishment in question is located either— (i) according to the register held by the hazardous substances authority under regulation 22 of the Planning (Hazardous Substances) (Wales) Regulations 2015 M28 ; or (ii) where the control of major accident hazards competent authority has notified the local planning authority pursuant to regulation 34(3) of those Regulations.
	(i) involving the siting of new establishments;
	(ii) consisting of modifications to existing establishments covered by Article 11 of Directive 2012/18/EU M29 ; 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
[F29 (u)	Development—	The Natural Resources Body for Wales
	(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
(v)	Any development	The water and sewerage undertaker concerned]
[F30 (w)	Development— (i) involving waste development; (ii) involving the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or (iii) carried out on a site having an area of 1 hectare or more.	The Fire and Rescue Authority concerned]

Textual Amendments

F27 Sch. 5 Table para. (h) substituted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), art. 1(1), Sch. 3 para. 2(a) (with art. 1(2))

F28 Sch. 5 Table para. (k) omitted (1.4.2019) by virtue of The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), art. 1(1), Sch. 3 para. 2(b) (with art. 1(2))

F29 Sch. 5 Table paras. (u), (v) inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), art. 1(1), Sch. 3 para. 2(c) (with art. 1(2))

F30 Sch. 5 Table para (w) inserted (24.1.2022) by The Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021 (S.I. 2021/1189), arts. 1(2)(b), 3(2)(b) (with art. 1(5))

Marginal Citations

M26 1981 (c. 69); see section 27AA of that Act. Section 28 was substituted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37) and was amended by section 148 of, and paragraphs 2(2), (3) and (7) of Schedule 13 to, the Marine and Coastal Access Act 2009 (c. 23). There are other amendments which are not relevant to this instrument.

M27 The Sports Council for Wales is known as Sport Wales.

M28 S.I. 2015/1597 (W. 196).

M29 O.J. L 197, 24.7.2012, p 1.

Interpretation of Table E+W

In the above Table—

(a) in paragraphs (a) and (b)—

• “floor space” (“arwynebedd llawr”) means the total floor space in a building or buildings;

• “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);

• “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) M30 ;

  (ii)

  an authorised defence site (within the meaning given by regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 M31 ); or

  (iii)

  a new nuclear build site (within the meaning given by regulation 2A(1) those Regulations) M32 .

  (b)

  in paragraph (c), “network” (“rhwydwaith”) and “operator” (“gweithredwr”) have the same meaning as in section 83(1) of the Railways Act 1993 (the provision of railway services) M33 ;

  (c)

  in paragraphs (d) and (e), “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) M34 ; or

  (ii)

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

  (d)

  [F31 in paragraph (h)—

  (i)

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

  (ii)

  reference to the height of development is to 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 is not uniform, the level of the highest part of the surface adjacent to it;

  (iii)

  “registered historic park or garden” (“parc hanesyddol cofrestredig neu ardd hanesyddol gofrestredig”) and “registered historic landscape” (“tirwedd hanesyddol gofrestredig”) means the park, garden or landscape 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 16^th November 1972;]

  (e)

  in paragraph (l)—

• “dwellinghouse” (“ty annedd”) does not include a building containing one or more flats, or a flat contained within such a building (and in this paragraph, “flat”(“fflat”) means a separate and self-contained set of premises constructed or adapted for the purpose of dwelling and forming part of a building from some other part of which is divided horizontally);

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

• “caravan” (“carafán”) has the same meaning as in section 29(1) of the Caravan Sites and Control of Development Act 1960 (caravan sites) M35 ;

  (f)

  in paragraph (n), “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;

  (g)

  in paragraph (o), theatre” (“theatr”) has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation) M36 ;

  (h)

  in paragraph (r)—

  (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;

  (i)

  in paragraph (t)—

  (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 COMAH cymwys”) 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;

  (j)

  [F32 in paragraph (u)—

  (i)

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

  (ii)

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

  (iii)

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

Textual Amendments

F31 Words in Sch. 5 substituted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), art. 1(1), Sch. 3 para. 3(a) (with art. 1(2))

F32 Words in Sch. 5 inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), art. 1(1), Sch. 3 para. 3(b) (with art. 1(2))

Marginal Citations

M30 2013 c. 32.

M31 S.I. 1998/494. The definition of “authorised defence site” was inserted by article 6(2) of, and paragraphs 70 and 72(a) of Schedule 3 to, the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469).

M32 Regulation 2A was inserted by article 6(2) of and paragraphs 70 and 73 of, Schedule 3 to that Order.

M33 1993 c. 43. There are amendments to section 83 which are not relevant to this instrument.

M34 1980 c. 66.

M35 1960 c. 62. There are amendments to section 29 which are not relevant to this instrument.

M36 1976 c. 27.

Article 31(2)

SCHEDULE 6 E+W Notification of initiation of development and display of notice

Article 31(3)

SCHEDULE 7 E+W Notice to be displayed at all times when development is being carried out

Explanatory Note

(This note is not part of the Order)

M37 M38 Development in Wales is of national significance if it meets criteria specified in regulations or is specified as such in the National Development Framework .

This Order makes provision for the manner in which applications for planning permission in respect of such development are to be dealt with by the Welsh Ministers.

This Order includes provision in relation to—

• — Notification of proposed development and the acceptance of such notification by the Welsh Ministers (articles 5 and 6);

• — Pre-application publicity and consultation (articles 7 to 11);

• — General requirements applicable to the making of an application (article 12);

• — Acceptance of applications by the Welsh Ministers (article 15);

• — Requirements applicable to the giving of notice before an application is made (article 16);

• — Publicity requirements applicable following the making of an application (articles 18 and 19);

• — Requirements related to the register of applications maintained by local planning authorities (article 20);

• — Local impact reports (articles 25 and 26);

• — Variation of applications (article 27);

• — Notice to be given by the Welsh Ministers in respect of their decision on applications and the revision of such notices (articles 29 and 30);

• — Requirements related to notification of initiation of development and display of notices (article 31).

An impact assessment has been prepared in relation to this Order. Copies are available from the Planning Division of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government's website at www.wales.gov.uk.