The Sustainable Drainage (Approval and Adoption) (Wales) (Amendment) Order 2020

Amendment of article 4 (exceptions to requirement for approval: planning permission not required)

4.  For article 4 substitute—

“(1) Subject to paragraph (2), the requirement for approval under paragraph 7(1) of Schedule 3 does not apply to construction work where the construction work does not require planning permission.

(2) The exception in paragraph (1) does not apply where the construction work involves the construction of a building or other structure covering an area of land of 100 square metres or more.

(3) The requirement for approval under paragraph 7(1) of Schedule 3 does not apply to the developments under the following Parts of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(1)—

(a) Part 3A (Temporary Building and Changes of Use for Public Health Emergency Purposes)(2);

(b) Part 12A (Emergency Development by Local Authorities)(3); and

(c) Part 37 (Emergency Development by the Crown)(4).”

(1)

The Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418).

(2)

Part 3A was inserted by article 2(2) of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2020 (S.I. 2020/420 (W. 90)).

(3)

Part 12A was inserted by article 2(2) of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2020 (S.I. 2020/367 (W. 82)).

(4)

Part 37 was amended by S.I. 2006/1282 and S.I. 2006/1386 (W. 136).