The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

Explanatory Note

(This note is not part of the Order)

This Order consolidates with modification the provisions of the Town and Country Planning (General Development Procedure) Order 1995 (“the 1995 Order”) and subsequent amending instruments, in so far as they apply to Wales. It also includes provisions regarding the application of this Order to the Crown which are similar to the provisions, in article 4 of the Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006 (“the 2006 Order”) which modified the 1995 Order. Article 4 of the 2006 Order is consequently revoked.

This Order provides for procedures connected with planning applications, consultations in relation to planning applications, the determination of planning applications, appeals, local development orders, certificates of lawful use or development, the maintenance of registers of planning applications and related matters.

The main changes are:

• the updating or removal of references to bodies where the bodies no longer exist or where, prior to the making of this Order, their functions have been transferred to other bodies (article 14 and the Table in Schedule 4).

• Article 5 makes provision for the form and content of application forms for planning permission. In particular, it provides for applications for planning permission to be made on a standard form published by the Welsh Ministers.

• Article 11 provides that certificates in relation to notices of applications for planning permission are to be made in a form published by the Welsh Ministers.

• Article 14 makes provision for consultation before the grant of planning permission for development falling within a category set out in the Table in Schedule 4. Paragraph (v) of the Table sets out that, in the case of development which involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface, the appropriate consultee is the Sports Council for Wales. The definition of “playing pitch” is amended.

• Article 22, which makes provision for the time periods in which local planning authorities must determine applications for planning permission, sets out what constitutes a valid application. The time period within which local planning authorities must determine applications begins with the day on which the application is received.

• Article 27 makes provision for the preparation, making and revocation of local development orders by local planning authorities and specifies the type of development for which local development orders cannot grant planning permission. Article 29 provides for registers of local development orders.

There are transitional provisions and savings (article 33) and minor and drafting amendments.

An impact assessment has been prepared in relation to this instrument. Copies may be obtained from the Planning Division of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.