- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As enacted) - English
- Original (As enacted) - Welsh
Planning (Wales) Act 2015, SCHEDULE 5 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(introduced by section 51)
1E+WThe Highways Act 1980 is amended as follows.
Commencement Information
I1Sch. 5 para. 1 partly in force; Sch. 5 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I2Sch. 5 para. 1 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
2(1)Section 121 is amended as follows.E+W
(2)In subsection (5D), after “above” insert “ in England ”.
(3)In subsection (5E), after “above” insert “ in England ”.
(4)After subsection (5E) insert—
“(5F)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under subsection (5A) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”
Commencement Information
I3Sch. 5 para. 2 partly in force; Sch. 5 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I4Sch. 5 para. 2 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
3E+WIn Schedule 6, in paragraph 2B—
(a)in sub-paragraph (1), after “above” insert “ in England ”;
(b)in sub-paragraph (3), after “above” insert “ in England ”;
(c)after sub-paragraph (3) insert—
“(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under sub-paragraph (2) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”
Commencement Information
I5Sch. 5 para. 3 partly in force; Sch. 5 para. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I6Sch. 5 para. 3 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
4E+WThe Wildlife and Countryside Act 1981 is amended as follows.
Commencement Information
I7Sch. 5 para. 4 partly in force; Sch. 5 para. 4 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I8Sch. 5 para. 4 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
5E+WIn section 28F, after subsection (11) insert—
“(12)In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted—
“(10)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.””
Commencement Information
I9Sch. 5 para. 5 partly in force; Sch. 5 para. 5 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I10Sch. 5 para. 5 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
6E+WIn section 28L, after subsection (13) insert—
“(14)In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted—
“(12)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.””
Commencement Information
I11Sch. 5 para. 6 partly in force; Sch. 5 para. 6 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I12Sch. 5 para. 6 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
7E+WIn Schedule 15, in paragraph 10A—
(a)in sub-paragraph (1), after “8” insert “ in England ”;
(b)in sub-paragraph (3), after “8” insert “ in England ”;
(c)after sub-paragraph (3) insert—
“(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”
Commencement Information
I13Sch. 5 para. 7 partly in force; Sch. 5 para. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I14Sch. 5 para. 7 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
8E+WTCPA 1990 is amended as follows.
Commencement Information
I15Sch. 5 para. 8 partly in force; Sch. 5 para. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I16Sch. 5 para. 8 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
9E+WIn section 175, in subsection (7), after “any proceedings” insert “ in England ”.
Commencement Information
I17Sch. 5 para. 9 partly in force; Sch. 5 para. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I18Sch. 5 para. 9 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
10E+WIn section 196, in subsection (8), after “any proceedings” insert “ in England ”.
Commencement Information
I19Sch. 5 para. 10 partly in force; Sch. 5 para. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I20Sch. 5 para. 10 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
11E+WIn section 208, omit subsection (11).
Commencement Information
I21Sch. 5 para. 11 partly in force; Sch. 5 para. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I22Sch. 5 para. 11 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
12(1)Section 320 is amended as follows.E+W
(2)In subsection (1)—
(a)after “Secretary of State” insert “ or the Welsh Ministers ”;
(b)after “his” insert “ or their ”.
(3)In subsection (2), for “held by virtue of this section” substitute “ caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers ”.
(4)In subsection (3), for “held in England” substitute “ caused to be held by the Secretary of State ”.
Commencement Information
I23Sch. 5 para. 12 partly in force; Sch. 5 para. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I24Sch. 5 para. 12 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
13(1)Section 322 is amended as follows.E+W
(2)Omit subsection (1AA).
(3)In subsection (2), after “proceedings” insert “ in England ”.
(4)In the heading, after “held” insert ”: England”.
Commencement Information
I25Sch. 5 para. 13 partly in force; Sch. 5 para. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I26Sch. 5 para. 13 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
14(1)Section 322A is amended as follows.E+W
(2)In subsection (1)(a), after “proceedings” insert “ in England ”.
(3)Omit subsection (1B).
Commencement Information
I27Sch. 5 para. 14 partly in force; Sch. 5 para. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I28Sch. 5 para. 14 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)
15(1)Section 323 is amended as follows.E+W
(2)In subsection (1), after “proceedings” insert “ in England ”.
(3)Omit subsection (1B).
(4)In the heading, after “applications” insert “ : England ”.
Commencement Information
I29Sch. 5 para. 15 partly in force; Sch. 5 para. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I30Sch. 5 para. 15 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
16(1)Schedule 6 is amended as follows.E+W
(2)In paragraph 6—
(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;
(b)after sub-paragraph (4) insert—
“(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”;
(c)in sub-paragraph (5), after “proceedings” insert “ in England ”.
(3)In paragraph 8, in sub-paragraph (1), after “hearing held” insert “ in England ”.
Commencement Information
I31Sch. 5 para. 16 partly in force; Sch. 5 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I32Sch. 5 para. 16(1) in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(b) (with art. 17)
I33Sch. 5 para. 16(1)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
I34Sch. 5 para. 16(2) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(b) (with art. 17)
17E+WIn Schedule 7, in paragraph 8—
(a)in sub-paragraph (6), after “hearing held” insert “ in England ”;
(b)after sub-paragraph (6) insert—
“(6A)The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority.”
Commencement Information
I35Sch. 5 para. 17 partly in force; Sch. 5 para. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I36Sch. 5 para. 17 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
18E+WIn Schedule 8, in paragraph 5—
(a)in sub-paragraph (3), after “inquiry held” insert “ in England ”;
(b)after sub-paragraph (3) insert—
“(3ZA)The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission.”;
(c)in sub-paragraph (4), after “sub-paragraph (1)” insert “ in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, ”.
Commencement Information
I37Sch. 5 para. 18 partly in force; Sch. 5 para. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I38Sch. 5 para. 18 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(c) (with art. 17)
I39Sch. 5 para. 18 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
19E+WThe Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
Commencement Information
I40Sch. 5 para. 19 partly in force; Sch. 5 para. 19 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I41Sch. 5 para. 19 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(d) (with art. 17)
I42Sch. 5 para. 19 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
20E+WIn section 41, in subsection (8), after “any proceedings” insert “ in England ”.
Commencement Information
I43Sch. 5 para. 20 partly in force; Sch. 5 para. 20 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I44Sch. 5 para. 20 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(e) (with art. 17)
21(1)Section 89 is amended as follows.E+W
(2)In subsection (1)—
(a)in the entry relating to section 322, after “held” insert “ : England ”;
(b)after the entry relating to section 322A, insert— “ section 322C (costs: Wales), ”;
(c)in the entry relating to section 323, after “applications” insert “ : England ”;
(d)after the entry relating to section 323, insert— “ section 323A (procedure for certain proceedings: Wales) ”.
(3)Omit subsection (1ZB).
Commencement Information
I45Sch. 5 para. 21 partly in force; Sch. 5 para. 21 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I46Sch. 5 para. 21(1) in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(f) (with art. 17)
I47Sch. 5 para. 21(1)(2)(c)(d)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
I48Sch. 5 para. 21(2)(a)(b) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(f) (with art. 17)
22E+WIn Schedule 3, in paragraph 6—
(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;
(b)after sub-paragraph (4) insert—
“(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”;
(c)in sub-paragraph (5), for “such inquiry” substitute “ inquiry held by virtue of this paragraph ”;
(d)in sub-paragraph (8), after “proceedings” insert “ in England ”.
Commencement Information
I49Sch. 5 para. 22 partly in force; Sch. 5 para. 22 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I50Sch. 5 para. 22 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(g) (with art. 17)
23E+WThe Planning (Hazardous Substances) Act 1990 is amended as follows.
Commencement Information
I51Sch. 5 para. 23 partly in force; Sch. 5 para. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I52Sch. 5 para. 23 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(h) (with art. 17)
I53Sch. 5 para. 23 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
24E+WIn section 25, in subsection (5), after “any proceedings” insert “ in England ”.
Commencement Information
I54Sch. 5 para. 24 partly in force; Sch. 5 para. 24 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I55Sch. 5 para. 24 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(i) (with art. 17)
25(1)Section 37 is amended as follows.E+W
(2)In subsection (2)—
(a)in the entry relating to section 322, after “held” insert “ : England ”;
(b)after the entry relating to section 322A, insert— “ section 322C (costs: Wales) ”;
(c)in the entry relating to section 323, after “applications” insert “ : England ”;
(d)after the entry relating to section 323, insert— “ section 323A (procedure for certain proceedings: Wales) ”.
(3)Omit subsection (4).
Commencement Information
I56Sch. 5 para. 25 partly in force; Sch. 5 para. 25 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I57Sch. 5 para. 25(1)(2)(a)(b) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(j) (with art. 17)
I58Sch. 5 para. 25(2)(c)(d)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
26E+WIn the Schedule, in paragraph 6—
(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;
(b)after sub-paragraph (4) insert—
“(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”;”;
(c)in sub-paragraph (5), for “such inquiry” substitute “ inquiry held by virtue of this paragraph ”;
(d)in sub-paragraph (8), after “proceedings” insert “ in England ”.
Commencement Information
I59Sch. 5 para. 26 partly in force; Sch. 5 para. 26 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I60Sch. 5 para. 26 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(k) (with art. 17)
27E+WIn section 16 of the Tribunals and Inquiries Act 1992, in subsection (1), in the definition of “statutory inquiry”, after paragraph (b) insert— “ but does not include an inquiry or hearing held or to be held in Wales under any provision of the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990, ”.
Commencement Information
I61Sch. 5 para. 27 partly in force; Sch. 5 para. 27 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
I62Sch. 5 para. 27 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: