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The Town and Country Planning (Compensation) (Wales) (No. 2) Regulations 2012

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Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe various matters for the purposes of section 108 of the Town and Country Planning Act 1990.

Section 108 provides for the payment of compensation in certain cases where planning permission for development granted by a development order or a local development order is withdrawn and where on an application for planning permission for that development, the application is refused or permission is granted subject to conditions.

Section 108(2A) and (3B) to (3D) (as amended by the Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012 (S.I. 2012/210 (W.36)) limits the circumstances in which compensation is payable. These Regulations prescribe types of development for the purposes of section 108(2A) and (3C) (regulation 2), prescribe the manner in which planning permission is to be withdrawn (regulation 3) and prescribe the manner, and maximum period, in which notice of withdrawal, revocation, amendment or directions is to be given (regulations 4 and 5). The prescribed development now includes the installation of non-domestic microgeneration equipment.

Regulation 6 is a transitional provision.

These Regulations replace the Town and Country Planning (Compensation) (Wales) Regulations 2012 (S.I. 2012/789 (W.105)) which are revoked by regulation 7.

An impact assessment has been prepared in relation to these Regulations. Copies are available from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.wales.gov.uk.

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