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The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2018

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Welsh Statutory Instruments

2018 No. 554 (W. 95)

Town And Country Planning, Wales

The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2018

Made

2 May 2018

Laid before the National Assembly for Wales

4 May 2018

Coming into force

30 May 2018

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59, 60, 61 and 333 of the Town and Country Planning Act 1990(1) and now exercisable by them(2), make the following Order:

Title, commencement and application

1.—(1) The title of this Order is the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2018.

(2) This Order comes into force on 30 May 2018.

(3) This Order applies in relation to Wales.

Amendment of the Town and Country Planning (General Permitted Development) Order 1995

2.  In paragraph A.2(4A) of Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(3) for “30th May 2018” substitute “30th May 2019”.

Lesley Griffiths

Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

2 May 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (“the GPDO”) in relation to Wales.

Article 3 of and Schedule 2 to the GPDO confer permitted development rights in respect of certain development. Where such rights are conferred, an application for planning permission is not required.

Class A of Part 24 of Schedule 2 to the GPDO permits certain development by electronic communications code operators provided it does not fall within A.1 (development not permitted) and subject to any relevant conditions and limitations in A.2 and A.3.

Paragraph A.2(4A) sets out conditions in relation to the construction, installation or replacement of telegraph poles, cabinets or lines for fixed line broadband services in relation to categories of land identified in article 1(5) of and Part 2 of Schedule 1 to the GPDO. If all the relevant conditions are satisfied, such development does not require prior approval under paragraph A.3. One of those conditions is that the development must be completed on or before 30 May 2018.

Article 2 of this Order extends that date to 30 May 2019.

An impact assessment has not been prepared for this Order as no impact is foreseen on business, charities or the public sector beyond the nature of what was examined in the impact assessment that accompanied the Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2014 (S.I. 2014/2692 (W. 267)), which inserted paragraph A.2(4A) into Part 24. Copies of that assessment can be obtained from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.

(1)

1990 c. 8 (“the 1990 Act”). 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). Section 333 was amended by paragraphs 3 and 6 of Schedule 7 to that Act. Other amendments to the sections of the 1990 Act referred to are not relevant to this Order.

(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 appropriate entries in Schedule 1. 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)

S.I. 1995/418. Part 24 was substituted by the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2002 (S.I. 2002/1878 (W. 187)) and amended by the Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2014 (S.I. 2014/2692 (W. 267)).

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