Exceptions to requirement for approval: planning permission required E+W

5.—(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.

Marginal Citations

M1 S.I. 2012/801 (W. 110).

M2 1990 c. 8. Section 1(1B) was inserted by section 18 Local Government (Wales) Act 1994 (c. 19).