Planning (Wales) Act 2015

33 Decision notices E+W

(1) TCPA 1990 is amended as follows.

(2) After section 71 insert—

“71ZA Decision notices: Wales

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

(a) the form of decision notices,

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

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

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

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

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

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

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

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

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

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

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

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

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

Commencement Information

I1 S. 33 partly in force; s. 33 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2 S. 33 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(b) (with art. 12)

I3 S. 33 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)