The Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989

Consultation before development

6.—(1) In any of the following cases, before granting any approval required by article 3(1)(b) or (c) of this Order, the local planning authority shall consult the following authorities or persons, namely:—

(a) where it appears to the local planning authority that the development will involve the manufacture, processing, keeping or use of a hazardous substance in such circumstances that there will at any one time be, or is likely to be, a notifiable quantity of such substance in, on, over or under any land, the Health and Safety Executive;

(b) in the case of development consisting of the formation, laying out or alteration of an unapproved means of access to a trunk road, the Secretary of State;

(c) where it appears to the local planning authority that the development is likely to create or attract traffic which would result in a material increase in the volume or a material change in the character of traffic entering or leaving a trunk road, the Secretary of State;

(d) where it appears to the local planning authority that the development is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway, the British Railways Board or other railway undertakers likely to be affected and the Secretary of State;

(e) subject to paragraph (2) below, in the case of development involving the formation, laying out or alteration of any means of access to a highway, or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified to the local planning authority, the local highway authority;

(f) in the case of development which appears to the local planning authority to be likely to result in a material increase in the volume of traffic entering or leaving a classified road or proposed road, the route of which has been adopted by resolution of the local highway authority and notified to the local planning authority, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering or leaving or using such a road, the local highway authority;

(g) in the case of development consisting of the laying out or construction of a new street, the local highway authority;

(h) where the development consists of or includes—

(i) the carrying out of works or operations in the bed or on the banks of a river or stream;

(ii) the carrying out of building or other operations or the use of land for the purpose of refining or storing mineral oils and their derivatives;

(iii) the use of land for the deposit of any kind of refuse or waste;

(iv) the retention, treatment or disposal of sewage, trade waste, slurry or sludge (other than the laying of sewers and the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwelling-houses or single caravans or single buildings in which not more than ten people will normally reside, work or congregate, and works ancillary thereto); or

(v) the use of land as a cemetery,

the Welsh Water Authority;

(i) where the development is of land in an area of special interest notified to the local planning authority by the Nature Conservancy Council in accordance with section 28 of the Wildlife and Countryside Act 1981(1), the Nature Conservancy Council, except where the Council dispense with this requirement;

(j) where the development is of any land on which there is a theatre, as defined in the Theatres Trust Act 1976(2), the Theatres Trust;

(k) where it appears to the local planning authority that the development is likely to affect the site of a scheduled monument, the Secretary of State;

(l) in the case of development or a class of development specified in any direction for the time being in force under the General Development Order by which the local planning authority are required to consult with any authority or person, that authority or person.

(2) Consultation shall not be required by virtue of paragraph (1)(e) above in relation to—

(a) a highway for which the Secretary of State is the highway authority; and

(b) a highway shown in proposals approved by the Secretary of State under section 148(1) except where those proposals require consultation.

(3) Where this Order requires the local planning authority to consult any authority or other person, the local planning authority shall:—

(a) give to such authority or other person not less than 14 days' notice in writing, specifying the site of, and giving particulars sufficient to describe the proposed development;

(b) not grant any approval required by article 3(1)(b) or (c) of this Order until the expiration of the period of such notice; and

(c) take into account any objections or other representations received from such authority or person.

(4) Where any objection or representation has been made by an authority or other person consulted as aforesaid and has not been withdrawn, the local planning authority shall send particulars of the proposed development and of the objection or representation to the Secretary of State in writing, and shall not grant any approval required by article 3(1)(b) or (c) of this Order until the Secretary of State has notified the local planning authority that he does not intend to give a direction under article 7 of this Order in respect of the development.

(1)

1981 c. 69.

(2)

1976 c. 27.