BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Statutory Instruments made by the National Assembly for Wales |
||
|
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 No. 1770 (W. 182) URL: http://www.bailii.org/wales/legis/num_reg/2014/wsi_20141770_en_1.html |
||
[New search] [Printable PDF version] [Help]
Welsh Statutory Instruments
Town And Country Planning, Wales
Made
2 July 2014
Coming into force
1 September 2014
The Welsh Ministers, in exercise of the powers conferred by section 203 of the Planning Act 2008(1), make the following Order:
In accordance with section 203(9) of that Act a draft of this Order was laid before and approved by a resolution of the National Assembly for Wales.
1. (1) - The title of this Order is The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014.This Order comes into force on 1 September 2014.
2. (1) Section 96A of the Town and Country Planning Act 1990(2) is amended as follows.
(2) In subsection (1) omit "in England".
(3) In subsection (5) after "An application under subsection (4)" insert "to a local planning authority in England".
(4) After subsection (5) insert-
"(5A) A development order may provide that an application under subsection (4) to a local planning authority in Wales must be made-
(a)in the form prescribed by the order or in a form published by the Welsh Ministers; and
(b)in the manner prescribed by the order."
(5) In subsection (8) after "local planning authority" insert "in England".
(6) After subsection (8) insert-
"(9) A development order may make provision about how a local planning authority in Wales are to deal with an application under subsection (4) (including provision imposing requirements as to consultation and publicity and as to when steps specified in the order are to be taken).
(10) For the purposes of this section as it applies in relation to Wales, a person has an interest in land only if in relation to that land (or any mineral in, on or under it) the person-
(a)is the estate owner of the fee simple;
(b)is entitled to a tenancy granted or extended for a term of years certain of which not less than two years remain unexpired;
(c)is the mortgagee of any interest or estate in the land; or
(d)is a party to an estate contract within the meaning of section 2(4) of the Land Charges Act 1972(3)."
3. (1) Section 56 of the Planning and Compulsory Purchase Act 2004(4) is amended as follows.
(2) In subsection (3)-
(a)After paragraph (a) insert "and";
(b)Omit paragraph (c) (and the "and" before it).
(3) Omit subsections (6) and (7).
Carl Sargeant
Minister for Housing and Regeneration, one of the Welsh Ministers
2 July 2014
(This note is not part of the Order)
This Order makes provision in relation to Wales which corresponds to section 96A of the Town and Country Planning Act 1990. It does this by removing "in England" from subsection (1) of that section. The Order also makes supplementary provision in section 96A in relation to Wales. Section 96A(4) provides that a local planning authority can only make a non-material change to a planning permission if an application is made by or for a person with an interest in the land concerned. Article 2 inserts subsection (10) which states when a person has "an interest in the land".
Article 3 makes provision which has effect corresponding to section 184 of the Planning Act 2008. Section 184 removed the requirement in section 56 of the Planning and Compulsory Purchase Act 2004 in relation to England, that the appropriate consent must be obtained to an error in a decision document being corrected. The amendments in article 3 remove the requirement to obtain consent to the correction of errors in decision documents in relation to Wales.
