The Developments of National Significance (Procedure) (Wales) Order 2016

Welsh Statutory Instruments

2016 No. 55 (W. 25)

Town And Country Planning, Wales

The Developments of National Significance (Procedure) (Wales) Order 2016

Made

27 January 2016

Laid before the National Assembly for Wales

2 February 2016

Coming into force in accordance with article 1

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59 and 61 of the Town and Country Planning Act 1990(1) and now exercisable by them(2), in exercise of the powers conferred on the Secretary of State by sections 62, 65, 69 and 71 of that Act(3) now exercisable by them (as applied with modifications by the Developments of National Significance (Application of Enactments) (Wales) Order 2016)(4), in exercise of the powers conferred on them by sections 61Z, 62E, 62I, 62J, 62K, 62L, 62R, 71ZA, 71ZB and 333 of that Act(5) and in exercise of the powers conferred on the National Assembly for Wales by section 54 of the Planning and Compulsory Purchase Act 2004(6) and now exercisable by them(7), make the following Order:

(1)

1990 c. 8; Section 59 was amended by section 27 of, and paragraph 3 of Schedule 4 to, and section 55 of, and paragraph 5 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw. 4) (“the 2015 Act”). There are other amendments which are not relevant to this instrument.

(2)

The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1for the Town and Country Planning Act 1990 (“the 1990 Act”). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

Section 62 was substituted by section 42(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), amended by section 17 of the 2015 Act and applied with modifications by article 3(1) of the Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54) (W. 24) (“the Application of Enactments Order”). Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), amended by section 40 of, and paragraph 35 of the Schedule to, the Agricultural Tenancies Act 1995 (c. 8) and applied with modifications by article 3(1) of the Application of Enactments Order. Section 69 was substituted by section 118 of, and paragraphs 1 and 3 of Schedule 6 to, the 2004 Act and amended by section 190(4)(b) and (c) of the Planning Act 2008 (c. 29) (“the 2008 Act”) and section 237 of, and Part 18 of Schedule 25 to, the Localism Act 2011 (c. 20); (see section 69(9) for the definition of “prescribed”). Section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the 1991 Act (see section 71(4) for the definition of “prescribed”) and section 58(1) of, and paragraph 6 of Schedule 4 to, the Mobile Homes (Wales) Act 2013 (anaw. 6) and was applied with modifications by article 3(1) of the Application of Enactments Order. There are other amendments to these sections which are not relevant to this instrument.

(4)

S.I. 2016/54 (W. 24).

(5)

Section 61Z was inserted by section 17(3) of the 2015 Act. Section 62E was inserted by section 19 of the 2015 Act. Sections 62I, 62J and 62K were inserted by section 21 of the 2015 Act. Section 62L was inserted by section 22 of the 2015 Act. Section 62R was inserted by section 25 of the 2015 Act. Section 71ZA was inserted by section 33 of the 2015 Act. Section 71ZB was inserted by section 34 of the 2015 Act. Section 333 was amended by section 78 of, and paragraph 32(12) of Schedule 10 to, the Environment Act 1995 (c. 25), section 118(1) of, and paragraphs 1 and 4 of Schedule 6 to, the 2004 Act, S.I. 2014/2773 (W. 280) and section 55 of, and paragraphs 3 and 6 of Schedule 7 to, the 2015 Act.

(6)

2004 c. 5.

(7)

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).