The Town and Country Planning (Fees for Non-Material Changes) (Wales) Regulations 2014

Applications not subject to a fee: access

4.—(1) Regulation 3 does not apply where the local planning authority to whom the application is made are satisfied that it relates solely to—

(a) the carrying out of operations for the alteration or extension of an existing dwellinghouse; or

(b) the carrying out of operations (other than the erection of a dwellinghouse) in the curtilage of an existing dwellinghouse,

for the purpose, in either case, of providing means of access to or within the dwellinghouse for a disabled person who is resident in, or is proposing to take up residence in, that dwellinghouse, or of providing facilities designed to secure that person’s greater safety, health or comfort.

(2) Regulation 3 does not apply where the local planning authority to whom the application is made are satisfied that it relates solely to the carrying out of operations for the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted (whether on payment or otherwise).

(3) In this regulation, “disabled person” means—

(a) a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948(1) applies; or

(b) a child who is disabled for the purposes of Part III of the Children Act 1989(2).

(1)

1948 c. 29 section 29(1) has been amended by the Local Government Act 1972 (c. 70) section 195, Schedule 23, paragraph 2 and the Children Act 1989 (c .41) section 108(5) and (6), Schedule 13, paragraph 11(2), Schedule 14, paragraph 1. There are other amendments which are not relevant to these Regulations.

(2)

1989 c .41. There are amendments to this Act which are not relevant to these Regulations.