The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2014

Amendments to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012

2.—(1) The Town and Country Planning (Development Management Procedure) (Wales) Order 2012(1) is amended as follows.

(2) After article 28 insert—

“Applications for non-material changes to planning permission

28A.— (1) This article applies to an application made under section 96A(4) of the 1990 Act (power to make non-material changes to planning permission).

(2) An application to which this article applies must be made in writing to the local planning authority on the form published by the Welsh Ministers.

(3) An application for non-material changes to planning permission may be publicised by the local planning authority by giving notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 14 days; or

(b) by serving the notice on any adjoining owner or occupier.

(4) Where the notice is without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 14 days referred to in paragraph (3)(a) has elapsed, the authority will be treated as having complied with the requirement of that paragraph if they have taken reasonable steps to protect the notice and, if need be, replace it.

(5) Before determining an application a local planning authority may consult any authority, body or person whom they consulted in accordance with article 14 before granting planning permission.

(6) Where notice is given under paragraph (3) or if the local planning authority has consulted in accordance with paragraph (5), the authority must, in determining an application, take into account any representations made within 14 days beginning with the date when the notice was given.

(7) A local planning authority must give the applicant notice in writing of their decision on the application within 28 days of receipt of the application or such longer period as may be agreed in writing between the applicant and the authority.”

(3) In article 29 after paragraph (3) insert—

“(3A) Part 2 must also contain the following information in respect of every application made under article 28A relating to their area—

(a) a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings; and

(b) the decision, if any, of the authority in respect of the application, the date of such decision and the name of the authority.”

(1)

S.I. 2012/801 (W.110). There are amendments to this Order but none is relevant.