The Town and Country Planning (Compensation) (Wales) (No.2) Regulations 2014

Title, commencement, application and interpretation

1.—(1) The title of these Regulations is the Town and Country Planning (Compensation) (Wales) (No.2) Regulations 2014 and they come into force on 7 November 2014.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations—

“the Act” (“y Ddeddf”) means the Town and Country Planning Act 1990;

“the 1995 Order” (“Gorchymyn 1995”) means the Town and Country Planning (General Permitted Development) Order 1995(1);

“the DMPO” (“Gorchymyn y Weithdrefn Rheoli Datblygu”) means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012(2); and

“Schedule 2” (“Atodlen 2”) means Schedule 2 to the 1995 Order.

Prescribed development – planning permission granted by development order

2.  For the purposes of paragraphs (2A)(a) and (3C)(a) of section 108 of the Act (compensation where development order or local development order withdrawn), development of the following description is prescribed—

(a) development permitted by Part 1 of Schedule 2 (development within the curtilage of a dwellinghouse)(3);

(b) development permitted by Classes A and E of Part 8 of Schedule 2 (extension or alteration of an industrial building or a warehouse and erection or construction of a refuse or cycle store within the curtilage of an industrial building or warehouse)(4);

(c) Class A of Part 24 (development by electronic communications code operators (Wales))(5) to the extent that paragraph A.2(4A) disapplies the conditions in paragraph A.3 of Class A and applies the conditions in paragraph A.2(4B) of Class A;

(d) development permitted by Part 32 of Schedule 2 (schools, colleges, universities and hospitals)(6);

(e) development permitted by Part 40 of Schedule 2 (installation of domestic microgeneration equipment)(7);

(f) development permitted by Part 41 of Schedule 2 (office buildings)(8);

(g) development permitted by Part 42 of Schedule 2 (shops, financial or professional services establishments)(9); and

(h) development permitted by Part 43 of Schedule 2 (installation of non-domestic microgeneration equipment)(10).

Prescribed manner for withdrawing planning permission granted by development order

3.  For the purposes of section 108(3C)(b) of the Act, the prescribed manner for withdrawing planning permission is—

(a) by direction in accordance with articles 4(11), 5 and (as appropriate) 6 of the 1995 Order; or

(b) by providing in a development order that planning permission—

(i) is for a limited period; or

(ii) is withdrawn after a date specified in the order.

Notice of the withdrawal - prescribed manner of publication and period for development orders

4.—(1) For the purposes of section 108(3C)(c) of the Act the following matters are prescribed.

(2) The prescribed manner in which notice of the withdrawal is to be published is—

(a) in the manner described in articles 5 and (as appropriate) 6 of the 1995 Order; or

(b) by providing in a development order that planning permission—

(i) is for a limited period; or

(ii) is withdrawn after a date specified in the development order.

(3) The prescribed period is—

(a) 24 months; or

(b) where notice of withdrawal is published in accordance with paragraph (2)(b), 5 years.

Notice of withdrawal – prescribed manner and period for local development orders

5.—(1) For the purposes of section 108(3D)(c) of the Act the following matters are prescribed.

(2) The prescribed manner for publication of notice of the revocation, amendment or directions is—

(a) in the manner described in paragraphs (7) and (8) of article 27 of the DMPO; or

(b) where a local development order grants planning permission for a limited period, or provides that planning permission is withdrawn after a date specified in the local development order, by placing a copy of that local development order in the appropriate section of the register kept by the local planning authority in accordance with article 29 of the DMPO.

(3) The prescribed period is—

(a) 24 months; or

(b) where notice of withdrawal is published in accordance with paragraph (2)(b), 5 years.

Transitional provision

6.  These Regulations do not apply in relation to any withdrawal of planning permission for development of a description prescribed in regulation 2(d) where, before 18 June 2012, either—

(a) notice of the direction withdrawing that permission has been given in accordance with article 5 of the 1995 Order; or

(b) the direction is one to which article 6 of the 1995 Order (notice and confirmation of article 4(2) directions) applies and the direction has come into force.

Revocation

7.  The Town and Country Planning (Compensation) (Wales) Regulations 2014 are revoked(12).

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

29 September 2014