The Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017

Welsh Statutory Instruments

2017 No. 546 (W. 123) (C. 49)

Town And Country Planning, Wales

The Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017

Made

5 April 2017

The Welsh Ministers make the following Order in exercise of the powers conferred on them by section 58 of the Planning (Wales) Act 2015(1).

Title and interpretation

1.—(1) The title of this Order is the Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017.

(2) In this Order—

“the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990(2);

“the 2015 Act” (“Deddf 2015”) means the Planning (Wales) Act 2015.

Provision coming into force on 10 April 2017

2.  The appointed day for the coming into force of section 54 of the 2015 Act, so far as it is not already in force, is 10 April 2017.

Provisions coming into force on 5 May 2017

3.  The appointed day for the coming into force of the following provisions of the 2015 Act so far as they are not already in force is 5 May 2017—

(a) section 39;

(b) sections 47 and 48;

(c) section 50;

(d) section 51; and

(e) paragraphs 15 to 19, 21, 23, 25 and 27 of Schedule 5.

Transitional provisions

4.—(1) Paragraph (2) applies where notice of an appeal is served in relation to an application which was made before 5 May 2017 under—

(a) sections 78 and 195 of the 1990 Act;

(b) section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990(3) (“the Listed Buildings Act”);

(c) section 21 of the Planning (Hazardous Substances) Act 1990(4) (“the Hazardous Substances Act”).

(2) The 1990 Act, the Listed Buildings Act and the Hazardous Substances Act respectively apply to the relevant appeal and the application to which that appeal relates as though the amendments made by section 47 of the 2015 Act had not been made.

5.  Where an appeal is made under section 217 of the 1990 Act against a notice under section 215 of that Act which was served before the 5 May 2017, the 1990 Act applies to that appeal as though the amendments made by section 48 of the 2015 Act had not been made.

Jane Hutt

One of the Welsh Ministers

5 April 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the fourth commencement order made by the Welsh Ministers under the Planning (Wales) Act 2015 (“the 2015 Act”).

Article 2 brings section 54 (applications to amend registers: power to make provision about fees) of the 2015 Act into force, so far as it is not already in force, on 10 April 2017.

Article 3 brings the following provisions of the 2015 Act into force, so far as they are not already in force, on 5 May 2017—

• section 39 (exercise of functions of local planning authority relating to applications);

• section 47 (no variation of application after service of notice of appeal against planning decision);

• section 48 (appeal against notice in respect of land adversely affecting amenity);

• section 50 (procedure for certain proceedings); and

• section 51 and paragraphs 15 to 19, 21, 23, 25 and 27 of Schedule 5 (costs and procedure on appeals etc. further amendments).

Articles 4 and 5 contain transitional provisions.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2015 Act have been brought into force by Commencement Orders made before the date of this Order:

Provision	Date of Commencement	S.I. No
Section 2	1 April 2016	S.I. 2015/1987 (W. 297) (C. 123)
Section 3 (so far as it substitutes section 60 of the Planning and Compulsory Purchase Act 2004 with new sections 60, 60A and 60B)	4 January 2016	S.I. 2015/1987 (W. 297) (C. 123)
Section 4 (so far as not already in force)	5 October 2015	S.I. 2015/1736 (W. 237) (C. 106)
Sections 11 to 14 (so far as not already in force)	4 January 2016	S.I. 2015/1987 (W. 297) (C. 123)
Section 15(1) and (2) (so far as not already in force)	16 March 2016	S.I. 2015/1987 (W. 297) (C. 123)
Section 15(3)	1 April 2016	S.I. 2015/1987 (W. 297) (C. 123)
Sections 17 to 22 (so far as not already in force)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Sections 24 to 27 (so far as they relate to developments of national significance and secondary consents)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Sections 28 to 30 (so far as not already in force)	16 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Section 31 (so far as not already in force)	4 January 2016	S.I. 2015/1987 (W. 297) (C. 123)
Section 32 (so far as not already in force)	16 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Sections 33 and 34 (so far as they relate to developments of national significance and secondary consents)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Sections 33 to 38 (so far as not already in force)	16 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Sections 40 to 42 (so far as not already in force)	16 March 2016	S.I. 2015/1987 (W. 297) (C. 123)
Sections 43 to 46 (so far as not already in force)	16 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Section 49 (so far as not already in force)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Section 50 (so far as it relates to developments of national significance and secondary consents)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Section 51 (so far as it relates to the paragraphs of Schedule 5 listed below)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Part 1 of Schedule 1 (so far as not already in force)	5 October 2015	S.I. 2015/1736 (W. 237) (C. 106)
Schedule 3 (so far as it relates to developments of national significance and secondary consents)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Schedule 4 (so far as it relates to developments of national significance and secondary consents)	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)
Schedule 5: paragraphs 1-14; paragraph 16(1) so far as it relates to sub-paragraph (2), and sub-paragraph (2); paragraph 18 so far as it relates to paragraph 5(4) of Schedule 8 to the Town and Country Planning Act 1990; paragraph 19 so far as it relates to paragraph 20, and paragraph 21(1), (2)(a) and (b); paragraph 20; paragraph 21(1) so far as it relates to sub-paragraph (2)(a) and (b), and sub-paragraph (2)(a)and (b); paragraph 22; paragraph 23 so far as it relates to paragraphs 24, 25(1), 25(2)(a) and (b), and 26; paragraph 24; paragraph 25(1), (2)(a) and (b); and paragraph 26.	1 March 2016	S.I. 2016/52 (W. 22) (C. 4)

See section 58(1) of the 2015 Act for provisions which came into force on the day the 2015 Act received Royal Assent(5) and section 58(2) for the provisions which came into force 2 months after the 2015 Act received Royal Assent.

(1)

2015 anaw 4.

(2)

1990 c. 8.

(3)

1990 c. 9.

(4)

1990 c. 10.

(5)

The 2015 Act received Royal Assent on 6 July 2015.