Title, commencement and application

1.—(1) The title of this Order is the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016.

(2) It comes into force on 16 March 2016.

(3) This Order applies to all land in Wales.

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

2.  The Town and Country Planning (Development Management Procedure) (Wales) Order 2012( 6) is amended in accordance with the following provisions.

Amendments relating to interpretation

3.  In article 2(1) at the appropriate places insert—

““the 2015 Act ” (“ Deddf 2015 ”) means the Planning (Wales) Act 2015( 7) ”;

““community consultee” (“ ymgynghorai cymunedol ”) means—

““electoral ward” (“ ward etholiadol ”) means any area for which a councillor is elected to a county council or a country borough council in Wales; ”

““section 73 application” (“ cais adran 73 ”) means an application for planning permission under section 73 of the 1990 Act for the development of land without complying with conditions subject to which a previous planning permission was granted ”;

““specialist consultee” (“ ymgynghorai arbenigol ”) means, where the development to which a proposed application for planning permission relates falls within a category set out in the Table in Schedule 4, the authority, person or body mentioned in relation to that category; ”.

Amendments relating to pre-application consultation

4.—(1) After Part 1 insert—

“PART 1A Pre-application consultation

Requirement to carry out pre-application consultation

2B.— (1)  Major development is specified for the purposes of section 61Z(1) of the 1990 Act (Wales: requirement to carry out pre-application consultation).

(2)  Proposed section 73 applications and applications to be made under section 73A of the 1990 Act (Planning permission for development already carried out)( 8) are specified for the purposes of section 61Z(7)(b) of the 1990 Act.

Publicity before applying for planning permission

2C.— (1)  The applicant( 9) must publicise the proposed application by—

(a) giving requisite notice—

(i) by site display in at least one place on or near the land to which the proposed application relates for not less than 28 days; and

(ii) in writing to any owner or occupier of any land adjoining the land to which the proposed application relates; and

(b) making the following information available for inspection at a location in the vicinity of the proposed development for not less than 28 days beginning with each day on which each of the notices referred to in sub-paragraph (a) or article 2D(2) are given—

(i) any documents and particulars or evidence that would be required for a subsequent application, in the same or substantially the same form, to be a valid application except certificates in relation to notices of applications for planning permission required by article 11;

(ii) a plan which identifies the land to which the proposed application relates;

(iii) any other plans, drawings and information necessary to describe the development which is the subject of the proposed application;

(iv) in a case to which article 7 applies, the design and access statement; and

(v) subject to article 8(2), the particulars or evidence required by the local planning authority under section 62(3) of the 1990 Act( 10) .

(2)  Any plans or drawings required to be provided by paragraph (1)(b)(ii) or (iii) must be drawn to an identified scale and, in the case of plans, must show the direction of north.

(3)  The applicant must have complied with paragraph (1) before an application is submitted.

(4)  Where the notice referred to in paragraph (1)(a)(i) is, without any fault or intention of the applicant, removed obscured or defaced before the period of 28 days has elapsed, the applicant will be treated as having complied with the requirements of the relevant paragraph if the applicant has taken reasonable steps to protect the notice and, if need be, replace it.

(5)  In this article “requisite notice” (“ hysbysiad gofynnol ”) means notice in the form set out in Schedule 1B or in a form substantially to the like effect.

Consultation before applying for planning permission

2D.— (1)  The following persons or descriptions of persons are specified for the purposes of section 61Z(4) of the 1990 Act—

(a) any community consultees; and

(b) any specialist consultee.

(2)  Where an applicant is required to consult a community consultee, the applicant must give the community consultee requisite notice in writing of the proposed application.

(3)  Where an applicant is required to consult a specialist consultees the applicant must give the specialist consultee requisite notice in writing of the proposed application and enclose each of the documents referred to in article 2C(1)(b) or provide a link to a website on which those documents can be found.

(4)  The applicant must have complied with paragraphs (2) and (3) and have given the specialist consultee time to respond in accordance with article 2E(1) before an application is submitted.

(5)  In this article, “requisite notice” (“ hysbysiad gofynnol ”) means—

(a) in relation to a community consultee notice in the form set out in Schedule 1B; and

(b) in relation to a specialist consultee notice in the form set out in Schedule 1C,

or a form substantially to the like effect.

Duty to respond to pre-application consultation: specialist consultees

2E.— (1)  A specialist consultee, consulted in accordance with the provisions of section 61Z(4) of the 1990 Act, must provide a substantive response within 28 days beginning with the day on which the notice referred to in article 2D(3) is given or such other period as may be agreed in writing between the specialist consultee and the applicant.

(2)  For the purposes of this article, a substantive response is one which—

(a) states that the specialist consultee has no comment to make;

(b) states that the specialist consultee has no objection to the proposed development and refers the applicant to current standing advice by the specialist consultee on the subject of the consultation;

(c) advises the applicant of any concerns identified in relation to the proposed development and how those concerns can be addressed; or

(d) advises the applicant that the specialist consultee has concerns and that it would object to an application for planning permission made in the same or substantially the same terms and sets out the reasons for those objections.

Pre-application consultation reports

2F.— (1)  Where an applicant has been required to carry out pre-application consultation in accordance with the provisions of section 61Z of the 1990 Act and articles 2C and 2D and submits an application for planning permission, that application must be accompanied by a pre-application consultation report which gives particulars of—

(a) how the applicant complied with section 61Z of the 1990 Act;

(b) any response to the consultation received from any person consulted under section 61Z(3) or (4) of the 1990 Act; and

(c) the account taken of those responses.

(2)  The pre-application consultation report must include—

(a) a copy of the notice referred to in article 2C(1)(a)(i);

(b) a declaration that the notice referred to in article 2C(1)(a)(i) was displayed in accordance with the requirements of that article;

(c) a list of the addresses of persons who were given notice of the proposed application in accordance with article 2C(1)(a)(ii) and a copy of the notice given to such persons;

(d) copies of all notices given to community consultees and specialist consultees in accordance with articles 2D(2) and 2D(3);

(e) a summary of all issues raised by any person notified of the proposed application in accordance with section 61Z(3) of the 1990 Act and articles 2C and 2D(2), including confirmation of whether the issues raised have been addressed, and, if so, how; and

(f) copies of all responses received from specialist consultees with an explanation of the account taken of each response. ”

(2) In article 8 after paragraph (1)(b) insert—

“(ba) in a case to which article 2F applies, the pre-application consultation report required by that article; ”

(3) In article 22 after paragraph (3)(b) insert—

“(ba) in a case to which article 2F applies, the pre-application consultation report required by that article; ”

(4) After Schedule 1 insert Schedules 1B and 1C contained in Schedule 1 to this Order.

Amendments relating to consultations before the grant of permission

5.—(1) In article 14(2) for “(x)” substitute “(w)”.

(2) In article 15(3) for “(x)” substitute “(w)”.

(3) For Schedule 4 substitute Schedule 4 as set out in Schedule 2 to this Order

Amendments relating to the duty to respond to consultation

6.  In article 15A( 11)—

(a) for paragraph (3) substitute—

“(3)  For the purposes of this article and pursuant to section 54(5)(c) of the 2004 Act , a substantive response is one which—

(a) where no consultation for the purposes of section 61Z of the 1990 Act (Wales: requirement to carry out pre-application consultation) has taken place, or the consultee has failed to give a response in accordance with article 2E—

(i) states that the consultee has no comment to make;

(ii) states that the consultee has no objection to the proposed development and refers the person consulting to current standing advice by the consultee on the subject of consultation;

(iii) advises the person consulting of any concerns identified in relation to the proposed development and how those concerns can be addressed by the applicant; or

(iv) advises that the consultee objects to the proposed development and sets out the reasons for the objection; and

(b) where consultation for the purposes of section 61Z of the 1990 Act has taken place and the consultee has given a response in accordance with article 2E—

(i) states that the consultee has no further comment to make in respect of the proposed development and confirms that any comments made under article 2E remain relevant;

(ii) advises the person consulting of any new concerns identified in relation to the proposed development, why the concerns were not identified in the response given in accordance with article 2E and—

(aa) how the concerns can be addressed by the applicant; or

(bb) that the consultee objects to the proposed development and sets out the reasons for the objection. ”

(b) after paragraph (3) insert—

“(4)  In this article and article 15B references to a consultee include reference to a specialist consultee where consultation for the purposes of section 61Z of the 1990 Act has taken place. ”

Amendments relating to the duty to respond to consultation: annual reports

7.  In article 15B( 12)—

(a) after paragraph 1 insert—

“(1A)  Each consultee who is, by virtue of article 2E, under a duty to respond to pre-application consultation must, in the report given to the Welsh Ministers in accordance with paragraph (1), include a report as to that consultee’s compliance with that article. ”;

(b) in paragraph (3)(d) after “for the purposes of section 54(4) of the 2004 Act” insert “or, as the case may be, the period specified in or referred to in article 2E(1)”;

(c) after paragraph 3(d) insert—

“(4)  In this article “substantive response” means either a substantive response to the applicant or local planning authority in accordance with articles 2E or 15A. ”

Amendments relating to consultation in respect of certain applications

8.  After article 15B, insert—

“Consultation in respect of certain applications relating to planning permission; time periods

15C.   The period specified for the purposes of section 100A(3)(a) of the 1990 Act is the period of 21 days beginning with the day on which —

(a) the document on which the views of the consultees are sought; or

(b) where there is more than one document and they are sent on different days, the last of those documents, is received by the consultee.

Information to be provided by local planning authority

15D.   The local planning authority must provide the following information to a statutory consultee for the purposes of or in connection with the consultation—

(a) a copy of the application form relating to a relevant application( 13) ;

(b) the reference number allocated by the local planning authority to the original application( 14) ;

(c) any drawings in connection with the relevant application; and

(d) any report in connection with the relevant application which is issued to the local planning authority.

Substantive response to consultation

15E.   A substantive response for the purposes of section 100A(2) of the 1990 Act is a response which —

(a) states that the consultee has no comment to make;

(b) states that the consultee has no objection to the matters which are the subject of the consultation and refers the person consulting to current standing advice by the consultee on the subject of the consultation;

(c) advises the person consulting of any concerns identified in relation to the matters which are the subject of the consultation and how those concerns can be addressed by the applicant; or

(d) advises that the consultee objects to the matters which are the subject of the consultation and sets out the reasons for the objection.

Annual reports – compliance with consultation requirements

15F.— (1)  Each statutory consultee who is consulted about a relevant application must give to the Welsh Ministers, not later than 1 July in each calendar year beginning with 1 July 2017, a report as to that consultee’s compliance with sections 100A(2) and (3) of the 1990 Act and article 15C.

(2)  The report must relate to the period of 12 months commencing on 1 April in the preceding calendar year (“the report year”).

(3)  The report must contain, in respect of the report year in question, a statement as to—

(a) the number of occasions on which the consultee was consulted;

(b) the number of occasions on which a substantive response was provided;

(c) the number of occasions on which the consultee gave a substantive response outside the period prescribed for the purposes of section 100A(3) of the 1990 Act and a summary of the reasons why.  ”

Amendments relating to design and access statements

9.—(1) For article 7 substitute—

“7.— (1)  Subject to paragraph (2), paragraph (3) applies to an application for planning permission—

(a) for major development;

(b) where any part of the development is in a designated area, for development consisting of—

(i) the provision of one or more dwellinghouses; or

(ii) the provision of a building or buildings where the floor space created by the development is 100 square metres or more.

(2)  Paragraph (3) does not apply to—

(a) a section 73 application;

(b) an application for planning permission—

(i) for mining operations;

(ii) for a material change in use of the land or buildings; or

(iii) for waste development.

(3)  An application for planning permission to which this paragraph applies must be accompanied by a statement (“a design and access statement”) which complies with paragraph (4).

(4)  A design and access statement must—

(a) explain the design principles and concepts that have been applied to the development;

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account;

(c) explain the policy or approach adopted as to access, and how policies relating to access in the development plan have been taken into account; and

(d) explain how any specific issues which might affect access to the development have been addressed.

(5)  In paragraph (1) “designated area” (“ ardal ddynodedig ”) means—

(a) a conservation area( 15) ; or

(b) a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and National Heritage (a World Heritage Site)( 16) . ”

(2) In article 8(1)(c) omit “or the access statement as the case may be”.

(3) In article 22(3)(c) omit “or the access statement as the case may be”.

Amendments relating to section 73 applications

10.—(1) In article 5(1)(c) for “where the application is made pursuant to section 73 (determination of applications to develop land without compliance with conditions previously attached) or” substitute “in the case of a section 73 application or where the application is made pursuant to”.

(2) In article 12—

(a) in paragraph (4) for “which is not a paragraph (2) application” substitute “which is neither a paragraph (2) application nor an application falling within paragraph (4A)”;

(b) after paragraph (4) insert—

“(4A)  In the case of a section 73 application which does not fall within subparagraph (2)(a) or (c), the application must be publicised by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; and

(b) in such other manner as the local planning authority consider appropriate. ”

(c) in paragraph (5) for “nor paragraph (4)” substitute “, paragraph (4) nor paragraph (4A)”.

(d) in paragraph (6) after “(4)(a)(i)” insert “, (4A)”.

(3) In article 14(1) after paragraph (b) and before the full stop insert—

“, or

(c) article 15ZA applies ”.

(4) After article 15 insert—

“Consultations before the grant of section 73 applications

15ZA.— (1)  This article applies in relation to a section 73 application other than a section 73 application which is an EIA application.

(2)  Before granting planning permission on an application in relation to which this article applies, the local planning authority may consult authorities or persons falling within a category set out in the Table in Schedule 4.

(3)  Where, by or under this article, a local planning authority consult any authority or person (“the consultee”) before granting planning permission—

(a) they must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) they must not determine the application until at least 21 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 21days after the date of service of a copy of the application on the consultee by the applicant.

(4)  The local planning authority must in determining the application take into account any representations received from a consultee. ”

(5) In article 15A —

(a) in paragraph (1) after “article 14” insert “and article 15ZA”;

(b) in paragraph (2)(a) after “article 14(4)(a)” insert “or article 15ZA(3)(a)”.

(6) for article 21(1)(b) substitute—

“(b) served on or given to—

(i) an owner of the land or a tenant under article 10; or

(ii) an adjoining owner or occupier under article 12,

within 21 days beginning with the date when the notice was served on or given to that person, provided that the representations are made by any person who they are satisfied is such an owner, tenant or occupier; or ”

(7) for article 22(6)(b) substitute—

“(b) served on or given to—

(i) an owner of the land or a tenant under article 10, or

(ii) an adjoining owner or occupier under article 12,

before the end of the period of 21 days beginning with the date when the notice was served on or given to that person; or ”

(8) In Schedule 3 after “12(4)” insert “, 12(4A)”.

Amendments relating to article 22 (time periods for decisions): post submission amendments

11.  In article 22 (time periods for decisions)—

(a) after paragraph (1), insert—

“(1A)  References in paragraph (1) to a valid application include references to that application as amended prior to the local planning authority determining the application. ”

(b) after sub-paragraph (2)(a), insert—

“(aa) in a case to which paragraph (1A) applies, the period of —

(i) 4 weeks beginning with the date on which the amendment to the application was received by the authority; or

(ii) 12 weeks beginning with the date on which the application to which the amendment relates is received by the authority

whichever is the later; ”

(c) in sub-paragraph(2)(c), for “ specified in sub-paragraph (a) or (b) above”, substitute “specified in sub-paragraphs (a), (aa) or (b).”

(d) after paragraph (3), insert—

“(3A)  An amendment to a valid application must be taken to have been received when the amendment and such of the documents included in or accompanying the amendment and any fee required have been lodged with the local planning authority. ”

Amendments relating to decision notices, notification of initiation of development and display of notice

12.—(1) After article 24, insert—

“Revised notice of decision to grant planning permission

24A.— (1)  Applicants are specified for the purposes of section 71ZA(5) of the 1990 Act.

(2)  For the purposes of section 71ZA(6) the details to be included in the revised version of the notice of a decision to grant planning permission are—

(a) the reference number;

(b) the date and effect of the decision;

(c) the name of the body that made the decision; and

(d) the revision number.

Notification of initiation of development and display of notice

24B.— (1)  Planning permission for major development is specified for the purposes of section 71ZB(6) of the 1990 Act.

(2)  The notice to be given to a local planning authority before beginning any development to which a relevant planning permission relates, in accordance with section 71ZB(1) of the 1990 Act, must be in the form set out in Schedule 5A or in a form substantially to the like effect.

(3)  The notice to be displayed at all times when development to which a relevant planning permission relates is being carried out, in accordance with section 71ZB(2) of the 1990 Act, must—

(a) be in the form set out in Schedule 5B or in a form substantially to the like effect;

(b) be firmly affixed and displayed in a prominent place at or near the place where the development is being carried out;

(c) be legible and easily visible to the public without having to enter the site; and

(d) be printed on durable material.

(4)  Where the notice to be displayed is, without any fault or intention of the person carrying out development, removed, obscured or defaced, the person will be treated as having complied with the requirements of sub-paragraphs (b) and (c) of paragraph (3) if they have taken reasonable steps to protect the notice and, if need be, replace it. ”

(2) In article 26( 17) after paragraph (3)(b) insert—

“(c) where this paragraph specifies the planning permission granted and a revised version of the notice of the decision to grant planning permission has been issued by the authority in accordance with section 71ZA(5) of the 1990 Act and article 24A, it is to be read as specifying the revised version of the notice. ”

(3) In article 29( 18) after paragraph 3(c) insert—

“(ca) the revised version of the decision, if any, issued by the authority in accordance with section 71ZA(5) of the 1990 Act and article 24A; ”

(4) After Schedule 5 insert Schedules 5A and 5B as set out in Schedule 3 to this Order.

Amendments relating to validation

13.—(1) In article 8—

(a) in paragraph (1) for sub-paragraph (a) substitute—

“(a) an application which complies with the requirements of article 5; ”

(b) for paragraph (3) substitute—

“(3)  Where the local planning authority consider that any fee required to be paid in respect of the application has not been paid (save for where a cheque is dishonoured and paragraphs (2)(c) and (3)(g) of article 22 apply) they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice must inform the applicant of the amount of the fee required to be paid and how the fee can be paid. ”

(c) after paragraph (3) insert—

“(3A)  Where the local planning authority consider that section 62ZA(2) of the 1990 Act applies to the application they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice given in accordance with section 62ZA(2) of the 1990 Act must inform the applicant of—

(a) the right of appeal to the Welsh Ministers under section 62ZB of the 1990 Act, and

(b) the time limit in article 24C(2) within which the applicant must give notice of appeal. ”

(2) In article 22 in paragraph (3) for sub-paragraph (a) substitute—

“(a) an application which complies with the requirements of article 5; ”

(3) In article 23—

(a) for “Where an application” substitute “Where a valid application”;

(b) omit “an application for approval of reserved matters or”;

(c) the provision in article 23 as amended by sub-paragraphs (a) and (b) becomes paragraph (1) of the article; and

(d) after that paragraph insert—

“(2)  For the purpose of calculating the periods referred to in paragraph (1) where any fee required in respect of an application has been paid by a cheque which is subsequently dishonoured, the period between the date when the local planning authority sent the applicant written notice of the dishonouring of the cheque and the date when the authority are satisfied that they have received the full amount of the fee must be disregarded.

(3)  In this article “valid application” (“ cais dilys ”) means an application which consists of—

(a) an application which includes the information and is accompanied by the documents or other materials required to comply with the terms of the planning permission in question;

(b) an application which complies with the requirements of article 4 where applicable; and

(c) any fee required to be paid in respect of the application and, for this purpose, lodging a cheque for the amount of the fee is to be taken as payment,

and a valid application must be taken to have been received when the application and such of the information, documents or other materials referred to above as are required to be included in or to accompany the application and any fee required have been lodged with the local planning authority.

(4)  Where the local planning authority consider that any fee required to be paid in respect of the application has not been paid (save for where a cheque is dishonoured and paragraphs (2) and (3)(c) apply) they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice must inform the applicant of the amount of the fee required to be paid and how the fee can be paid.

(5)  Where the local planning authority consider that section 62ZA(4) of the 1990 Act applies to the application they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice given in accordance with section 62ZA(4) of the 1990 Act must inform the applicant of—

(a) the right of appeal to the Welsh Ministers under section 62ZB of the 1990 Act, and

(b) the time limit in article 24C(2) within which the applicant must give notice of appeal. ”

(4) In Part 5, before article 25 insert—

“Appeals against notice of non-validation

24C.— (1)  An applicant who wishes to appeal to the Welsh Ministers under section 62ZB of the 1990 Act must give notice of appeal to the Welsh Ministers by—

(a) serving on the Welsh Ministers, within the time limit specified in paragraph (2), a form obtained from the Welsh Ministers together with the documents referred to in paragraph (3); and

(b) serving on the local planning authority, as soon as reasonably practicable, a copy of the form and the documents that are served on the Welsh Ministers.

(2)  The time limit mentioned in paragraph (1)(a) is two weeks from the date of the service of the notice pursuant to article 8(3A) or 23(5) stating that the application is invalid or such longer period as the Welsh Ministers may at any time allow.

(3)  For the purposes of paragraph (1)(a) the documents are—

(a) in the case of an application for planning permission—

(i) a copy of the notice served pursuant to article 8(3A) stating that the application is invalid;

(ii) a copy of the application made to the local planning authority which has occasioned the appeal; and

(iii) a copy of the forms, documents, plans, drawings, statements, declarations, certificates, particulars or evidence mentioned in articles 5 and 8(1) which were given to the authority in connection with the application before the date of the notice served pursuant to article 8(3A) stating that the application is invalid.

(b) in the case of an application made under article 23—

(i) a copy of the notice served pursuant to article 23(5) stating that the application is invalid;

(ii) a copy of the application made to the local planning authority which has occasioned the appeal;

(iii) a copy of the notice of the decision to grant planning permission, if any, pursuant to which the application is made; and

(iv) a copy of the forms, documents, plans, drawings, statements, declarations, certificates, particulars or evidence (including such of them that are mentioned in article 4(1) where applicable) which were given to the authority in connection with the application before the date of the notice served pursuant to article 23(5) stating that the application is invalid.

(c) Where sub-paragraph (b)(iii) applies and a revised version of the notice of the decision has been issued by the authority in accordance with section 71ZA(5) of the 1990 Act and article 24A, sub-paragraph (b)(iii) is to be read as referring to the revised version of the notice.

(4)  The Welsh Ministers may refuse to accept a notice of appeal from an applicant if the form and documents required under paragraph (1)(a) are not served on the Welsh Ministers within the time limit specified in paragraph (2).

(5)  The Welsh Ministers may provide, or arrange for the provision of, a website for use for such purposes as the Welsh Ministers think fit which—

(a) relate to appeals under section 62ZB of the 1990 Act and this article, and

(b) are capable of being carried out electronically.

(6)  Where a person gives notice of appeal to the Welsh Ministers using electronic communications, the provisions of article 32 apply. ”

(5) In the heading to article 25, after “Notice of appeal” insert “under section 78 of the 1990 Act”.

(6) In the heading to article 26, after “Appeals” insert “under section 78 of the 1990 Act”.

(7) In the heading to article 26A( 19), after “Appeal made” insert “under section 78 of the 1990 Act”.

Amendment relating to local development orders

14.  For article 27(13)(b), substitute—

“(b) for development which is Schedule 1 development within the meaning of regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016. ”

Transitional provisions

15.—(1) The provisions in article4do not apply in respect of applications for planning permission for major development made before 1 August 2016.

(2) The provisions in article9do not apply to an application for planning permission made before this Order comes into force.

(3) The provisions in article10do not apply in relation to a section 73 application made before this Order comes into force.

(4) The provisions in article12(1) do not apply to a planning permission granted before this Order comes into force.

(5) The provisions in article13(1) to (4) do not apply to an application for planning permission, consent, agreement or approval made before this Order comes into force.

Article 4(4)

SCHEDULE 1 Pre-application notices

Articles 2C & 2D

“SCHEDULE 1B PUBLICITY AND CONSULTATION BEFORE APPLYING FOR PLANNING PERMISSION

Article 2D

SCHEDULE 1C CONSULTATION BEFORE APPLYING FOR PLANNING PERMISSION

Article 5(3)

SCHEDULE 2 Consultation before the grant of permission

Articles 14 and 15

“SCHEDULE 4 Consultations Before the Grant of Permission

Interpretation of Table

In the above Table—

(a) in paragraphs (c)(iv) and (d)(iv), “industrial process” (“ proses ddiwydiannol ”) means a process for or incidental to any of the following purposes—

(i) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

(ii) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

(iii) the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this sub-paragraph, “mine” (“ mwynglawdd ”) means any site on which mining operations are carried out);

(b) in paragraphs (c) and (d) “relevant nuclear site” (“ safle niwclear perthnasol ”) means a site which is—

(i) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013)( 25) ;

(ii) an authorised defence site (within the meaning given by regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998( 26) ); or

(iii) a new nuclear build site (within the meaning given by regulation 2A(1) of those Regulations)( 27) .]

(c) in paragraph (e), “network” (“ rhwydwaith ”) and “operator” (“ gweithredwr ”) have the same meaning as in section 83(1) of the Railways Act 1993 (the provision of railway services)( 28) ;

(d) in paragraphs (f) and (g), “classified road” (“ ffordd ddosbarthiadol ”) means a highway or proposed highway which—

(i) is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)( 29) ; or

(ii) is classified for the purposes of any enactment by the Welsh Ministers by virtue of section 12(3) of that Act;

(e) in paragraph (h), “concessionaire” (“ consesiynydd ”), “road subject to a concession” (“ ffordd sy’n ddarostyngedig i gonsesiwn ”) and “toll order” (“ gorchymyn tollau ”) have the same meaning as in Part I of the New Roads and Street Works Act 1991 (new roads in England and Wales)( 30) ;

(f) in paragraph (i), “street” (“ stryd ”) has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” (“ stryd newydd ”) includes a continuation of an existing street;

(g) in paragraph (j), “householder development” (“ datblygiad gan ddeiliad tŷ ”) means—

(i) the enlargement, improvement or other alteration of a dwellinghouse, or development within the curtilage of such a dwellinghouse, or

(ii) a change of use to enlarge the curtilage of a dwellinghouse,

for any purpose incidental to the enjoyment of the dwellinghouse but does not include—

(aa) any other change of use,

(bb) the erection of a dwellinghouse, or

(cc) a change to the number of dwellings in a building;

(h) in paragraph (l)—

(i) “scheduled monument” (“ heneb gofrestredig ”) has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)( 31) ;

(ii) reference to the height of development is be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” (“ lefel y ddaear ”) means the level of the surface of the ground immediately adjacent to the development in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;

(iii) “registered historic park or garden” (“ parc hanesyddol cofrestredig neu ardal hanesyddol gofrestredig ”) and “registered historic landscape” (“ tirwedd hanesyddol gofrestredig ”) means the park, garden or landscape is included in the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales maintained by the Welsh Ministers( 32) ;

(iv) “World Heritage Site” (“ Safle Treftadaeth y Byd ”) means land appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16th November 1972( 33) ;

(i) in paragraph (o)—

(i) “slurry” (“ slyri ”) means animal faeces and urine (whether or not water has been added for handling), and

(ii) “caravan” (“ carafán ”) has the same meaning as in section 29(1) of the Caravan Sites and Control of Development Act 1960 (caravan sites)( 34) ;

(j) in paragraph (q), “site of special scientific interest” (“ safle o ddiddordeb gwyddonol arbennig ”) means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies;

(k) in paragraph (r), theatre” (“ theatr ”) has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)( 35) and “householder development” (“ datblygiad gan ddeiliad tŷ ”) has the same meaning as in paragraph (j);

(l) in paragraph (u)—

(i) “playing field” (“ maes chwarae ”) means the whole of a site which encompasses at least one playing pitch;

(ii) “playing pitch” (“ llain chwarae ”) means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo;

(m) in paragraph (w)—

(i) expressions appearing both in that paragraph and in Directive 2012/18/EU have the same meaning as in that Directive; and

(ii) “control of major accident hazards competent authority” (“ awdurdod cymwys rheoli peryglon damweiniau mawr ”) means—

(aa) in relation to a relevant nuclear site, the Office of Nuclear Regulation and the Natural Resources Body for Wales, acting jointly;

(bb) otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly; and

(n) in paragraph (x)—

“Flood Zone C2” (“ Parth Llifogydd C2 ”) means an area of a floodplain without significant flood defence infrastructure ;

“Flood Zone C1 (“ Parth Llifogydd C1 ”) means an area of the floodplain which is developed and served by significant infrastructure, including flood defences;( 36) and

“emergency services development” (“ datblygiad gwasanaethau brys ”) and “highly vulnerable development” (“ datblygiad a all fod mewn pergyl mawr ”) have the same meaning as set out in The Town and Country Planning (Notification) (Wales) Direction 2012( 37) . ”

Article 12

SCHEDULE 3 Notification of initiation of development and display of notice

Article 24B(2)

“SCHEDULE 5A

Article 24B(3)

SCHEDULE  5B

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (“the 2012 Order”).

The main changes are—

• Article4inserts Part 1A (pre-application consultation) and makes a consequential amendment to article 22 of the 2012 Order (time periods for decisions).

• Article5replaces Schedule 4 to the 2012 Order (consultations before the grant of permission).

• Articles6and7make amendments to articles 15A and 15B of the 2012 Order (duty to respond to consultation).

• Article8inserts articles 15C to 15F into the 2012 Order, which deal with consultation on applications related to planning permission, such as for approval of reserved matters or other consents required.

• Article9replaces article 7 of the 2012 Order (design and access statements).

• Article10makes provision in relation to consultation on applications to develop land without compliance with conditions attached to an earlier permission.

• Article11amends article 22 of the 2012 Order (time periods for decisions) and makes provision for post submission amendments.

• Article12inserts article 24A into the 2012 Order to deal with decision notices. Article12also inserts article 24B into the 2012 Order to make provision for notice to be given to a local planning authority before major development begins and for the notice to be displayed when major development is carried out.

• Article13amends the 2012 Order to make provision for appeals against a decision of a local planning authority that an application is invalid.

• Article14amends article 27 of the 2012 Order to allow local development orders to grant planning permission for development which is Schedule 2 development for the purposes of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016.

An impact assessment has been prepared in relation to this instrument. Copies are available from the Planning Division of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s web site atwww.wales.gov.uk.