Exceptions to requirement for approval: planning permission required5

1

Subject to paragraph (2), the requirement for approval under paragraph 7(1) of Schedule 3 does not apply to any construction work in respect of which, before 7 January 2019—

a

planning permission was granted or deemed to be granted (whether or not subject to any condition as to a reserved matter), or

b

a local planning authority received a valid application for planning permission but by that date had not finally determined it.

2

The exception in paragraph (1) does not apply to construction work in respect of which planning permission was granted before 7 January 2019 if—

a

the grant was subject to a condition as to a reserved matter, and

b

an application for approval of the reserved matter is not made within the period of 12 months beginning with 7 January 2019.

3

For the purposes of this Order, a valid application for planning permission is received before 7 January 2019 if it is made before that date and complies with the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 M1.

4

In this article—

  • local planning authority” (“awdurdod cynllunio lleol”) has the meaning given in section 1(1B) of the Town and Country Planning Act 1990 M2;

  • reserved matter” (“mater a gedwir yn ôl”) has the meaning given in section 92(1) of that Act.