The Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996

PART III: STATUTORY INSTRUMENTS

The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950 S.I. No. 792

7.  In regulation 16 of the Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950 (deposit of information with local authorities), insert “(1)” at the beginning and at the end add—

“(2) In relation to land in Wales the local authority with whom a record of the removal is required to be deposited under paragraph (1) shall be the council of the county or county borough.”

The Town and Country Planning (New Towns in Rural Wales) Special Development Order 1977 S.I. No. 815

8.  In article 3(2)(c) of the Town and Country Planning (New Towns in Rural Wales) Special Development Order 1977 (permitted development) and in Article 8(1)(d) and (e) of that Order (consultation before development), for “district” substitute in each case “local”.

The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (Wales) Order 1980 S.I. No. 1375

9.  In article 1 of the Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (Wales) Order 1980 (citation, commencement and interpretation)—

(a) in paragraph (2), in the definition of “the 1980 Act” omit “and the expressions “county”, “district” and “community” mean the area from time to time contained in the relevant county, district and community for the purposes of the 1972 Act”; and

(b) at the end add—

“(3) In this order “county” and “district” shall be construed as references to such local government areas as they existed immediately prior to their abolition by the Local Government (Wales) Act 1994.

(4) In this order “community” means the area from time to time contained in the relevant community for the purposes of the 1972 Act.”.

The Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987 S.I. No. 1849

10.  In article 2 of the Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987, in paragraph (1) omit “or Wales” and for paragraph (2) substitute—

“(2) A simplified planning zone scheme shall not have effect in Wales to grant planning permission for development of any of the descriptions which would constitute a county matter in England.”

Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 S.I. No. 193

11.—(1) In regulation 11(8) of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (fees for applications for consent for advertisements), after “National Park” insert “in England”.

(2) In paragraph 8 of Part I of Schedule 1 to those Regulations (fees in respect of applications), in sub-paragraph (1)(a) after “Greater London” insert “or in Wales”, and in sub-paragraph (2)(a), after “non-metropolitan county” insert “in England”.

The Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989 S.I. No. 1180

12.—(1) In article 2 of the Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989 (interpretation), omit the definition of “local planning authority”.

(2) In article 6 of that Order (consultation before development)—

(a) in paragraph (1) omit sub-paragraphs (e), (f) and (g); and

(b) omit paragraph (2).

The Planning (Listed Buildings and Conservation Areas) Regulations 1990 S.I. No. 1519

13.—(1) In regulation 7(1) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (applications in national parks), after “National Park” insert “in England”.

(2) In regulation 9(1) of those Regulations (claims for compensation and listed building purchase notices), after “borough” insert “(or served on the council of a county or county borough in Wales)”.

(3) In regulation 13(7) of those Regulations (applications by local planning authorities), after “county” insert “in England”.

(4) In Part II of Schedule 1 to those Regulations (notification on refusal of listed building consent etc)—

(a) in paragraph (2) immediately prior to “district” insert “(a)”; and

(b) at the end add—

• “Note

  (a)

  For notifications sent in Wales substitute for the council references: “county or county borough council in which the land is situated”.”

The Town and Country Planning (Control of Advertisements) Regulations 1992 S.I. No. 666

14.—(1) In regulation 2 of the Town and Country Planning (Control of Advertisements) Regulations 1992 (interpretation)—

(a) In paragraph (2), for “In these Regulations,” substitute “In the application of these Regulations in England,”; and

(b) After paragraph (2) insert—

“(2A) In the application of these Regulations in Wales “local planning authority” means—

(a) subject to sub-paragraph (b) below, the local planning authority for the area in which the land in question is situated;

(b) for land in the area of any urban development corporation, except in regulation 18, that corporation where it is the local planning authority for the purposes of sections 220 and 224 of the Act.”

(2) In regulation 12(1)(b) of those Regulations (duty to consult), after “National Park” insert “in England”.

The Town and Country Planning General Regulations 1992 S.I. No. 1492

15.  In regulation 12(1) of the Town and Country Planning General Regulations 1992 (claims for compensation and purchase notices), after “borough” insert “(or county or county borough in Wales)”.

The Town and Country Planning (Inquiries Procedure) Rules 1992 S.I. No. 2038

16.  In rule 21 of the Town and Country Planning (Inquiries Procedure) Rules 1992 (revocation, savings and transitional), at the end add—

“(3) In relation to the continued application of the Town and Country Planning (Inquiries Procedure) Rules 1974 as referred to in paragraph (1), those Rules shall, in relation to Wales, have effect as if for the definition of “local planning authority” in rule 3(1) there was substituted the following definition—

““local planning authority” means the local planning authority who were responsible for dealing with the relevant application;””.

The Local Authorities (Charges for Land Searches) Regulations 1994 S.I. No. 1885

17.  In regulation 1(2) of the Local Authorities (Charges for Land Searches) Regulations 1994 (citation, commencement and interpretation), after “a county council,” insert “a county borough council.”.

The Conservation (Natural Habitats, &c.) Regulations 1994 S.I. No. 2716

18.—(1) In regulation 5(b) of the Conservation (Natural Habitats, &c.) Regulations 1994 (relevant authorities in relation to marine areas and European marine sites), after “a county council,” insert “county borough council,”.

(2) In regulation 6(3) of those Regulations (competent authorities generally), in paragraph (b) of the definition of “local authority” for “district” substitute “county borough,”.

(3) In regulation 40(7)(a) of those Regulations (exceptions from regulation 39), after “county,” insert “county borough,”.

(4) In regulation 55(6) of those Regulations (planning permission: duty to review), omit “and Wales”.

The Highways (Inquiries Procedure) Rules 1994 S.I. No. 3263

19.  In rule 2 of the Highways (Inquiries Procedure) Rules 1994 (interpretation), in the definition of “local authority” after “county council,” insert “county borough council,”.

The Town and Country Planning (General Development Procedure) Order 1995 S.I. No. 419

20.—(1) In article 5(1) of the Town and Country Planning (General Development Procedure) Order 1995 (general provisions relating to applications)—

(a) in sub-paragraph (a), after “metropolitan county” insert “or to land in Wales”;

(b) in sub-paragraph (b), after the first “land” insert “in England which is”;

(2) In the Table in article 10(1) of that Order (consultations before the grant of permission)—

(a) in paragraph (a), after “metropolitan county” add “or, in relation to Wales, land in the area of another local planning authority”;

(b) in paragraph (b), after “non-metropolitan county” insert “in England”;

(c) in paragraph (c), after “National Park” insert “in England”.

(3) In article 13 of that Order (notice to parish and community councils)—

(a) in paragraph (1), omit “or community” and after “functions)” insert “or the council of a community are given information in relation to an application pursuant to paragraph 2(1) of Schedule 1A to the Act (distribution of local planning authority functions: Wales)”(1);

(b) in paragraph (3), after “metropolitan county” insert “or Wales”.

(4) In article 25(1) of that Order (register of applications), in sub-paragraphs (a) and (b) after “metropolitan county” insert in each case “or in Wales”;

(5) In Part 2 of Schedule 1 to that Order (notification to be sent to applicant on refusal of planning permission or on the grant of permission subject to conditions), in the final paragraph after “City of London” insert “or County or County Borough Council in Wales”.

(1)

Schedule 1A is inserted into the Town and Country Planning Act 1990 (c. 8) by Schedule 4 to the Local Government (Wales) Act 1994.