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

PART 3 E+W Consultation

Consultations before the grant of permission E+W

14.—(1) Before granting planning permission for development which, in their opinion, falls within a category set out in the Table in Schedule 4, a local planning authority must consult the authority, body or person mentioned in relation to that category, except where—

(a) the local planning authority are the authority, body or person so mentioned; or

(b) the authority, body or person so mentioned has advised the local planning authority that they do not wish to be consulted [F1 , or

(c) article 15ZA applies].

(2) The exception in paragraph (1)(b) does not apply where, in the opinion of the local planning authority, development falls within paragraph [F2 (w)] of the Table in Schedule 4.

(3) The Welsh Ministers may give directions to a local planning authority requiring that authority to consult any person or body named in the directions, in any case or class of case specified in the directions.

(4) Where, by or under this article, a local planning authority are required to consult any person or body (“the consultee”) before granting planning permission—

(a) they must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) they must not determine the application until at least [F3 30 days in the case of an EIA application or 21 days in any other case] after the date on which notice is given under sub-paragraph (a) or, if earlier, [F3 30 days in the case of an EIA application or 21 days in any other case] after the date of service of a copy of the application on the consultee by the applicant.

(5) The local planning authority must in determining the application take into account any representations received from a consultee.

Textual Amendments

F1 Art. 14(1)(c) and word inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 10(3) (with art. 15(3))

F2 Word in art. 14(2) substituted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 5(1)

F3 Words in art. 14(4)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 1(5) (with regs. 1(4), 55(2)(3), 63, 65)

Modifications etc. (not altering text)

C1 Art. 14(1) excluded (1.12.2021) by The Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021 (S.I. 2021/1189), art. 1(2)(a)(4) (as amended by S.I. 2021/1297, art. 2(2)(a))

Consultations before the grant of planning permission: urgent Crown development E+W

15.—(1) This article applies in relation to applications made to the Welsh Ministers under section 293A of the 1990 Act (urgent Crown development: application).

(2) Before granting planning permission for development which in the opinion of the Welsh Minsters, falls within a category set out in the Table in Schedule 4, the Welsh Ministers must consult the authority, body or person mentioned in relation to that category, except where—

(a) the Welsh Ministers are required to consult the authority so mentioned under section 293A(9)(a) of the 1990 Act;

(b) the authority, body or person so mentioned has advised the Welsh Ministers that they do not wish to be consulted; or

(c) the development is subject to any standing advice provided by the authority, body or person so mentioned to the Welsh Ministers in relation to the category of development.

(3) The exception in paragraph (2)(b) does not apply where in the opinion of the Welsh Ministers, development falls within paragraph [F4 (w)] of the Table in Schedule 4.

(4) The exception in paragraph (2)(c) does not apply where—

(a) the development is an EIA development; or

(b) the standing advice was issued more than 2 years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority, body or person within that period.

(5) Where, by or under this article, the Welsh Ministers are required to consult any person or body (“the consultee”) before granting planning permission—

(a) the Welsh Ministers must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) the Welsh Ministers must not determine the application until at least 14 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 14 days after the date of service of a copy of the application on the consultee by the applicant.

(6) The Welsh Ministers must in determining the application, take into account any representations received from a consultee.

Textual Amendments

F4 Word in art. 15(3) substituted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 5(2)

[F5 Consultations before the grant of section 73 applications E+W

15ZA.— (1) This article applies in relation to a section 73 application other than a section 73 application which is an EIA application.

(2) Before granting planning permission on an application in relation to which this article applies, the local planning authority may consult authorities or persons falling within a category set out in the Table in Schedule 4.

(3) Where, by or under this article, a local planning authority consult any authority or person (“the consultee”) before granting planning permission—

(a) they must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) they must not determine the application until at least 21 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 21days after the date of service of a copy of the application on the consultee by the applicant.

(4) The local planning authority must in determining the application take into account any representations received from a consultee.]

Textual Amendments

F5 Art. 15ZA inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 10(4) (with art. 15(3))

[F6 Duty to respond to consultation E+W

15A.— (1) The requirement to consult which is prescribed for the purposes of section 54(2)(b) of the 2004 Act (duty to respond to consultation) is that contained in article 14 [F7 and article 15ZA].

(2) For the purposes of section 54(4)(a) of the 2004 Act the period prescribed is 21 days [F8 , or 30 days in the case of an EIA application, in either case] beginning with the day on which—

(a) notice referred to in article 14(4)(a) [F9 or article 15ZA(3)(a)] is given; or

(b) if earlier, the date of service of a copy of the application on the consultee,

or such other period as may be agreed in writing between the consultee and the consultor.

[F10 (3) For the purposes of this article and pursuant to section 54(5)(c) of the 2004 Act, a substantive response is one which—

(a) where no consultation for the purposes of section 61Z of the 1990 Act (Wales: requirement to carry out pre-application consultation) has taken place, or the consultee has failed to give a response in accordance with article 2E—

(i) states that the consultee has no comment to make;

(ii) states that the consultee has no objection to the proposed development and refers the person consulting to current standing advice by the consultee on the subject of consultation;

(iii) advises the person consulting of any concerns identified in relation to the proposed development and how those concerns can be addressed by the applicant; or

(iv) advises that the consultee objects to the proposed development and sets out the reasons for the objection; and

(b) where consultation for the purposes of section 61Z of the 1990 Act has taken place and the consultee has given a response in accordance with article 2E—

(i) states that the consultee has no further comment to make in respect of the proposed development and confirms that any comments made under article 2E remain relevant;

(ii) advises the person consulting of any new concerns identified in relation to the proposed development, why the concerns were not identified in the response given in accordance with article 2E and—

(aa) how the concerns can be addressed by the applicant; or

(bb) that the consultee objects to the proposed development and sets out the reasons for the objection.]

[F11 (4) In this article and article 15B references to a consultee include reference to a specialist consultee where consultation for the purposes of section 61Z of the 1990 Act has taken place.]]

Textual Amendments

F6 Arts. 15A, 15B inserted (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 7 (with art. 12)

F7 Words in art. 15A(1) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 10(5)(a) (with art. 15(3))

F8 Words in art. 15A(2) inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 1(6) (with regs. 1(4), 55(2)(3), 63, 65)

F9 Words in art. 15A(2)(a) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 10(5)(b) (with art. 15(3))

F10 Art. 15A(3) substituted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 6(a)

F11 Art. 15A(4) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 6(b)

[F6 Duty to respond to consultation: annual reports E+W

15B.— (1) Each consultee who is, by virtue of section 54 of the 2004 Act and article 15A, under a duty to respond to consultation must give to the Welsh Ministers, not later than 1 July in each year, beginning with the 1 July 2017, a report as to that consultee’s compliance with section 54(4) of the 2004 Act.

[F12 (1A) Each consultee who is, by virtue of article 2E, under a duty to respond to pre-application consultation must, in the report given to the Welsh Ministers in accordance with paragraph (1), include a report as to that consultee’s compliance with that article.]

(2) The report must relate to the period of 12 months commencing on 1 April in the preceding year (“the report year”).

(3) The report must contain, in respect of any report year, a statement as to—

(a) the number of occasions on which the consultee was consulted;

(b) the number of occasions on which a substantive response was provided;

(c) when the substantive response was provided; and

(d) the number of occasions on which the consultee gave a substantive response outside the period prescribed for the purposes of section 54(4) of the 2004 Act [F13 or, as the case may be, the period specified in or referred to in article 2E(1)] and a summary of the reasons why.] 

[F14 (4) In this article “substantive response” means either a substantive response to the applicant or local planning authority in accordance with articles 2E or 15A.]

Textual Amendments

F6 Arts. 15A, 15B inserted (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 7 (with art. 12)

F12 Art. 15B(1A) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 7(a)

F13 Words in art. 15B(3)(d) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 7(b)

F14 Art. 15B(4) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 7(c)

[F15 Consultation in respect of certain applications relating to planning permission; time periods E+W

15C.   The period specified for the purposes of section 100A(3)(a) of the 1990 Act is the period of 21 days [F16 , or 30 days in the case of an EIA application, in either case] beginning with the day on which —

(a) the document on which the views of the consultees are sought; or

(b) where there is more than one document and they are sent on different days, the last of those documents, is received by the consultee.]

Textual Amendments

F15 Arts. 15C-15F inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 8

F16 Words in art. 15C inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 1(7) (with regs. 1(4), 55(2)(3), 63, 65)

[F15 Information to be provided by local planning authority E+W

15D.   The local planning authority must provide the following information to a statutory consultee for the purposes of or in connection with the consultation—

(a) a copy of the application form relating to a relevant application;

(b) the reference number allocated by the local planning authority to the original application;

(c) any drawings in connection with the relevant application; and

(d) any report in connection with the relevant application which is issued to the local planning authority.]

Textual Amendments

F15 Arts. 15C-15F inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 8

[F15 Substantive response to consultation E+W

15E.   A substantive response for the purposes of section 100A(2) of the 1990 Act is a response which —

(a) states that the consultee has no comment to make;

(b) states that the consultee has no objection to the matters which are the subject of the consultation and refers the person consulting to current standing advice by the consultee on the subject of the consultation;

(c) advises the person consulting of any concerns identified in relation to the matters which are the subject of the consultation and how those concerns can be addressed by the applicant; or

(d) advises that the consultee objects to the matters which are the subject of the consultation and sets out the reasons for the objection.]

Textual Amendments

F15 Arts. 15C-15F inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 8

[F15 Annual reports – compliance with consultation requirements E+W

15F.— (1) Each statutory consultee who is consulted about a relevant application must give to the Welsh Ministers, not later than 1 July in each calendar year beginning with 1 July 2017, a report as to that consultee’s compliance with sections 100A(2) and (3) of the 1990 Act and article 15C.

(2) The report must relate to the period of 12 months commencing on 1 April in the preceding calendar year (“the report year”).

(3) The report must contain, in respect of the report year in question, a statement as to—

(a) the number of occasions on which the consultee was consulted;

(b) the number of occasions on which a substantive response was provided;

(c) the number of occasions on which the consultee gave a substantive response outside the period prescribed for the purposes of section 100A(3) of the 1990 Act and a summary of the reasons why.] 

Textual Amendments

F15 Arts. 15C-15F inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 8

Representations by community councils before determination of applications E+W

16.—(1) Where the council of a community are given information in relation to an application pursuant to paragraph 2(1) of Schedule 1A to the 1990 Act (distribution of local planning authority functions: Wales) M1 , they must, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and must make any representations to that authority within 14 days [F17 , (or 30 days in the case of an EIA application),] of the notification to them of the application.

(2) A local planning authority must not determine any application in respect of which a community are required to be given information before—

(a) the council of the community inform them that they do not propose to make any representations;

(b) representations are made by that council; or

(c) the period of 14 days [F17 , (or 30 days in the case of an EIA application),] mentioned in paragraph (1) has elapsed,

whichever occurs first; and in determining the application the authority must take into account any representations received from the council of the community.

(3) The local planning authority must notify the council of the community of the terms of the decision on any such application or, where the application is referred to the Welsh Ministers, of the date when it was so referred and, when notified to them, of the terms of the Welsh Ministers' decision.

[F18 (4) Where the council of a community are notified of an application during the emergency period, paragraphs (1) and (2)(c) have effect as if the references to 14 days were to 21 days.

(5) In paragraph (4), “the emergency period” has the meaning given by article 2G(2).]

Textual Amendments

F17 Words in art. 16 inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 1(8) (with regs. 1(4), 55(2)(3), 63, 65)

F18 Art. 16(4)(5) inserted (19.5.2020) by The Planning Applications (Temporary Modifications and Disapplication) (Wales) (Coronavirus) Order 2020 (S.I. 2020/514), arts. 1(2), 3

Marginal Citations

M1 1990 c. 8. Schedule 1A was inserted by the Local Government (Wales) Act 1994 (c. 19).

Notification of mineral applications E+W

17.—(1) Where notice has been given for the purposes of this article to a local planning authority as respects land which is in their area and specified in the notice—

(a) by the Coal Authority that the land contains coal;

(b) by the [F19 Oil and Gas Authority] that it contains gas or oil; or

(c) by the Crown Estates Commissioners that it contains silver or gold,

the local planning authority must not determine any application for planning permission to win and work any mineral on that land, without first notifying the body or person who gave the notice that an application has been made.

(2) In this article, “coal” (“glo”) means coal other than that—

(a) won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal; or

(b) which it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal.

Textual Amendments

F19 Words in art. 17(1)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 20(2)