Planning (Wales) Act 2015

PART 5 APPLICATIONS TO WELSH MINISTERS

Developments of national significance

19 Developments of national significance: applications for planning permission

In TCPA 1990, after section 62C insert—

“Wales: developments of national significance

62D Developments of national significance: applications to be made to Welsh Ministers

(1) A nationally significant development application is to be made to the Welsh Ministers instead of to the local planning authority.

(2) A nationally significant development application is an application for planning permission for the development of land in Wales, where the development to which the application relates is of national significance.

(3) Development is of national significance for this purpose if it meets criteria specified in regulations made by the Welsh Ministers for the purposes of this section.

(4) Development is also of national significance for this purpose if it is development that the National Development Framework for Wales specifies, under section 60(3) of the Planning and Compulsory Purchase Act 2004, is to constitute development of national significance for the purposes of this section.

(5) The planning permission that may be granted on an application under this section does not include outline planning permission (and for this purpose “outline planning permission” has the meaning given in section 92).

(6) An application within subsection (7) is not to be treated as being a nationally significant development application, unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

(7) An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62E Notification of proposed application under section 62D

(1) A person who proposes to make an application to the Welsh Ministers under section 62D must notify the following of the proposed application—

(a) the Welsh Ministers, and

(b) the local planning authority to which, but for section 62D, the application would be made.

(2) The notification must comply with any requirements specified in a development order.

(3) Those requirements may include requirements as to—

(a) the form and content of a notification;

(b) information that is to accompany the notification (including information about secondary consents in respect of which the person considers a decision should be made by the Welsh Ministers under section 62F, or otherwise relating to secondary consents);

(c) the way in which and time in which the notification is to be given.

(4) On receiving notification of an application from a person in accordance with this section, the Welsh Ministers must give notice to the person that the notification has been accepted.

(5) Any step taken in respect of an application that is proposed to be made under section 62D, if taken before the date on which notice is given under subsection (4) in respect of the application, is not to be treated for the purposes of this Act as constituting consultation with any person about the application.

(6) A development order may make provision about the giving of notice by the Welsh Ministers under subsection (4).

(7) That provision may include provision—

(a) about the form and content of the notice to be given under subsection (4);

(b) about the way in which it is to be given;

(c) about the period within which it is to be given (including provision about circumstances in which the Welsh Ministers may extend that period in a particular case).

(8) In this section and sections 62F and 62G, “secondary consent” has the meaning given in section 62H.”

20 Developments of national significance: secondary consents

In TCPA 1990, after section 62E (as inserted by section 19) insert—

“62F Developments of national significance: secondary consents

(1) Subsections (2) to (5) apply where—

(a) an application (a “section 62D application”) is made to the Welsh Ministers under section 62D, and

(b) the Welsh Ministers consider that—

(i) a secondary consent is connected to the section 62D application, and

(ii) having regard to their functions in respect of that section 62D application, the decision on that consent should be made by them.

(2) Where the decision in respect of the secondary consent would (but for this section) be made by a person other than the Welsh Ministers, it is to be made by the Welsh Ministers.

(3) For this purpose—

(a) any application that is required to be made in respect of the secondary consent, and has not yet been made, is to be made to the Welsh Ministers instead of the person to whom it would otherwise be made, and

(b) if an application has already been made in respect of the secondary consent to a person other than the Welsh Ministers, it is to be referred to the Welsh Ministers instead of being dealt with by that person.

(4) Subject to the following provisions of this Act, in a case where (but for this section) the secondary consent would have been dealt with by another person, the secondary consent is to be dealt with by the Welsh Ministers as though the Welsh Ministers were that person.

(5) The decision of the Welsh Ministers on the secondary consent is final.

(6) A secondary consent is connected to a section 62D application, for the purposes of this section, if the secondary consent—

(a) is required in order for the development to which the section 62D application relates to be carried out,

(b) would facilitate the carrying out of that development, or

(c) would facilitate any re-development or improvement, or the achievement of any other purpose, carried out on or in relation to land in connection with that development.

62G Developments of national significance: supplementary provision about secondary consents

(1) The Welsh Ministers may give directions requiring the relevant person to do things in relation to a secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers.

(2) The relevant person is the person by whom (but for section 62F) the decision as to whether to grant the secondary consent would have been made.

(3) The power to give directions under this section includes power to vary or revoke the directions.

(4) Regulations made by the Welsh Ministers may make provision for regulating the manner in which a secondary consent, or an application for secondary consent, is to be dealt with by the Welsh Ministers under section 62F.

(5) That provision may include provision—

(a) about consultation to be carried out by the Welsh Ministers before a secondary consent is granted or refused;

(b) requiring a person to provide a substantive response to any consultation carried out by virtue of the regulations (including about the requirements of a substantive response and the period within which it is to be provided).

(6) Regulations made by the Welsh Ministers may provide for an applicable enactment or requirement—

(a) to apply, with or without modifications, in respect of a secondary consent within subsection (1), or an application for such a consent, or

(b) not to apply in respect of such a consent or application.

(7) For this purpose an applicable enactment or requirement, in relation to a secondary consent within subsection (1), or an application for such a consent, is—

(a) any provision of or made under this Act, or of or made under any other enactment, in respect of consents of that kind;

(b) any requirements imposed by or under this Act, or any other enactment, in respect of consents of that kind.

62H Developments of national significance: meaning of secondary consent

(1) For the purposes of this Act, a “secondary consent” is—

(a) a consent that is required under legislation, or is given under legislation, and that relates to, or is given in connection with, the development or use of land in Wales, or

(b) a notice that is required by legislation to be given in relation to, or in connection with, the development or use of land in Wales,

and which, in either case, is of a description prescribed by regulations made by the Welsh Ministers.

(2) A description of consent or notice may be prescribed under subsection (1) only if—

(a) provision for that consent or notice would be within the legislative competence of the National Assembly for Wales, if the provision were contained in an Act of the National Assembly, and

(b) the consent or notice is one that legislation provides is to be given by a body exercising functions of a public nature (whether or not the body also exercises any other function).

(3) For the purposes of subsection (1)—

(a) references to a consent include references to a permit, certificate, licence or other authorisation;

(b) “legislation” means any of the following (whenever enacted or made)—

(i) an Act of Parliament;

(ii) a Measure or Act of the National Assembly for Wales;

(iii) subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales).”

21 Developments of national significance: local impact reports

In TCPA 1990, after section 62H (as inserted by section 20) insert—

“62I Requirement to submit local impact report

(1) This section applies where—

(a) an application has been made to the Welsh Ministers under section 62D, and

(b) the Welsh Ministers have taken steps, in respect of the application, that are specified in a development order for the purposes of this section.

(2) The Welsh Ministers must give notice in writing to each relevant local planning authority, requiring the authority to submit a local impact report in respect of the application to the Welsh Ministers.

(3) The notice must specify the deadline for receipt of the report by the Welsh Ministers.

(4) An authority to which notice is given under this section must comply with it.

(5) A local planning authority is a relevant local planning authority for the purposes of subsection (2) if the land to which the application relates, or any part of that land, is in the authority’s area.

62J Duty to have regard to local impact report

(1) In dealing with an application made to them under section 62D, the Welsh Ministers must have regard to any local impact report submitted to them by a local planning authority, in respect of the application, pursuant to a notice under section 62I.

(2) In dealing with the application, the Welsh Ministers must also have regard to any voluntary local impact report submitted to them in respect of the application.

(3) A voluntary local impact report is a local impact report submitted—

(a) by a local planning authority in Wales otherwise than pursuant to a notice under section 62I, or

(b) by a community council.

(4) A development order may make provision about the submission of voluntary local impact reports to the Welsh Ministers (including provision about the manner in which a voluntary impact report is to be submitted, and the time at which it may be submitted).

(5) The duty imposed by subsection (2) does not apply in respect of a voluntary local impact report submitted otherwise than in accordance with any provision made as described in subsection (4).

62K Local impact report: supplementary

(1) For the purposes of sections 62I and 62J, a local impact report, in respect of an application, is a report in writing that—

(a) gives details of the likely impact of the proposed development on the area (or any part of the area) of the local planning authority or community council submitting the report, and

(b) complies with any requirements specified in a development order as to the form and content of local impact reports (including any requirements specified as to information to be provided in respect of secondary consents).

(2) For this purpose the “proposed development” is the development in respect of which the application in question is made.”

22 Timetable for determining applications

In TCPA 1990, after section 62K (as inserted by section 21) insert—

“62L Timetable for determining applications

(1) This section applies where an application has been made to the Welsh Ministers under section 62D.

(2) The Welsh Ministers must determine the application, and make any decision that is to be made by them by virtue of section 62F(2), before the end of the determination period.

(3) The determination period is the period of 36 weeks beginning with the date on which the application under section 62D is accepted by the Welsh Ministers.

(4) A development order may make provision about what constitutes acceptance of an application for the purposes of subsection (3).

(5) The Welsh Ministers may by notice—

(a) suspend the running of the determination period in a particular case for a period specified in the notice;

(b) terminate, reduce or extend an existing period of suspension.

(6) Notice under subsection (5) must be given to—

(a) the person who made the application under section 62D,

(b) the local planning authority to which, but for section 62D, that application would have been made, and

(c) any representative persons (within the meaning of section 319B(8A)) the Welsh Ministers consider appropriate.

(7) A development order may make provision about the giving of notice under subsection (5) (including provision about the information to be included in the notice and how and when it is to be given).

(8) The Welsh Ministers must lay before the National Assembly for Wales annual reports on—

(a) their compliance with the duty imposed by subsection (2), and

(b) their exercise of the functions conferred by subsection (5).

(9) The Welsh Ministers may by order amend subsection (3) to substitute a different period as the determination period.”

Option to make application to Welsh Ministers

23 Option to make application to Welsh Ministers

In TCPA 1990, after section 62L (as inserted by section 22) insert—

“Wales: option to make application to Welsh Ministers

62M Option to make application directly to Welsh Ministers

(1) If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers.

(2) The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section.

(3) The second condition is that—

(a) the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or

(b) the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b),

is development of a description prescribed by regulations made by the Welsh Ministers.

(4) A qualifying application, for the purposes of this section, is—

(a) an application for planning permission for the development of land in Wales, provided that the development to which it relates is not development of national significance for the purposes of section 62D;

(b) an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales.

(5) But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

(6) An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62N Designation for the purposes of section 62M

(1) In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions.

(2) The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria.

(3) The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales.

(4) The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document.

(5) The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit.

(6) In this section, “the 21-day period” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

(7) The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority.

(8) The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7).

(9) An urban development corporation may not be designated for the purposes of section 62M.

62O Option to make application to Welsh Ministers: connected applications

(1) This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M.

(2) A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application.

(3) A connected application, for this purpose, is an application under the planning Acts that—

(a) relates to land in Wales,

(b) is an application of a description prescribed by regulations made by the Welsh Ministers, and

(c) is considered by the person making it to be connected to the principal application.

(4) Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider—

(a) that the application is not connected to the principal application, or

(b) that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers.

(5) The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority.

(6) An application referred to an authority under subsection (5)—

(a) is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and

(b) is to be determined by the authority accordingly.

(7) A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).”

General

24 Further provision about applications made to Welsh Ministers

In TCPA 1990, after section 62O (as inserted by section 23) insert—

“Applications made to Welsh Ministers: general

62P Applications to the Welsh Ministers: supplementary

(1) A decision of the Welsh Ministers on an application made to them under section 62D, 62M or 62O is final.

(2) The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section 62D or 62M that would otherwise have been made to the authority.

(3) The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority.

(4) Directions given under this section—

(a) may relate to a particular application or description of application, or to applications generally;

(b) may be given to a particular authority or description of authority, or to authorities generally.

(5) The power to give directions under this section includes power to vary or revoke the directions.

62Q Notifying community councils of applications made to Welsh Ministers

(1) This section applies if—

(a) an application is made to the Welsh Ministers under section 62D, 62F, 62M or 62O, and

(b) a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications).

(2) The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A.

(3) The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A.

(4) The “relevant local planning authority”, for this purpose, is—

(a) in the case of an application under section 62D or section 62M, the local planning authority to which (but for the section in question) the application would have been made;

(b) in the case of an application under section 62F or 62O which (but for the section in question) would have been made to a local planning authority, that authority.”

25 Power to make provision by development order in respect of applications to Welsh Ministers

In TCPA 1990, after section 62Q (as inserted by section 24) insert—

“62R Power to make provision by development order in respect of applications to Welsh Ministers

(1) A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section 62D, 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section 62F, 62M or 62O, is to be dealt with by the Welsh Ministers.

(2) That provision may include provision about—

(a) consultation to be carried out by the Welsh Ministers;

(b) the variation of an application.”

26 Developments of national significance and applications made to Welsh Ministers: exercise of functions by appointed person

(1) In TCPA 1990, after section 62R (as inserted by section 25) insert—

“62S Exercise of functions by appointed person

Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers.”

(2) For provision about the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers, see Schedule 3.

27 Applications to Welsh Ministers: further amendments

For further amendments relating to applications to the Welsh Ministers, see Schedule 4.