Planning (Wales) Act 2015

21 Developments of national significance: local impact reports E+W

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.”

Commencement Information

I1 S. 21 partly in force; s. 21 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2 S. 21 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 2(a)