Planning (Wales) Act 2015

Decision notices and notification of development E+W

33 Decision notices E+W

(1) TCPA 1990 is amended as follows.

(2) After section 71 insert—

“71ZA Decision notices: Wales

(1) A development order may include provision as to—

(a) the form of decision notices,

(b) the manner in which decision notices are to be given, and

(c) the particulars to be contained in decision notices.

(2) A decision notice must specify any plans or other documents in accordance with which the development to which it relates is to be carried out.

(3) Where the decision notice relating to a development specifies any plans or other documents in accordance with which the development is to be carried out, the planning permission relating to the development is deemed to be granted subject to the condition that the development must be carried out in accordance with those plans or other documents.

(4) Subsection (5) applies where, after planning permission is granted in respect of a development in Wales—

(a) a local planning authority or the Welsh Ministers give any consent, agreement or approval required by any condition or limitation subject to which the planning permission was granted, or

(b) such a condition or limitation is imposed, removed or altered.

(5) The local planning authority must give a revised version of the decision notice to such persons as may be specified by a development order.

(6) The revised version of the notice must contain such details relating to the giving of the consent, agreement or approval, or to the imposition, removal or alteration of the limitation or condition, as may be specified by a development order.

(7) In this section “decision notice” means a notice of a decision to grant planning permission in respect of a development in Wales.”

(3) In section 90 (development with government authorisation), in subsection (3), insert at the end “ (so that section 71ZA applies as if references to the decision notice were to the direction). ”

(4) In section 102 (orders requiring discontinuance of use or alteration or removal of buildings or works), after subsection (2) insert—

“(2A) Section 71ZA applies where planning permission is granted by an order under this section as if the references to the decision notice were to the order.”

Commencement Information

I1 S. 33 partly in force; s. 33 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2 S. 33 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(b) (with art. 12)

I3 S. 33 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)

34 Notification of development E+W

In TCPA 1990, after section 71ZA (as inserted by section 33) insert—

“71ZB Notification of initiation of development and display of notice: Wales

(1) Before beginning any development to which a relevant planning permission relates, a person must give to the local planning authority notice—

(a) stating the date on which the development is to begin;

(b) giving details of the planning permission and of such other matters as may be specified by a development order.

(2) A person carrying out development to which a relevant planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a copy of any notice of a decision to grant it.

(3) A notice under subsection (1) must be in the form specified by a development order; and a copy of a notice to grant planning permission displayed under subsection (2) must be in a form specified by, and must be displayed in accordance with, such an order.

(4) A notice of a decision to grant a relevant planning permission must set out the duties imposed by subsections (1) to (3).

(5) A relevant planning permission is deemed to be granted subject to the condition that the duties imposed by subsections (1) to (3) must be complied with.

(6) For the purposes of this section a relevant planning permission is a planning permission of a description specified by a development order for the development of land in Wales.”

Commencement Information

I4 S. 34 partly in force; s. 34 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I5 S. 34 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(b) (with art. 12)

I6 S. 34 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)