The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

This Statutory Instrument has been published in substitution of the SI of the same number which did not reflect the version signed by the Welsh Minister due to paragraph numbering errors in regulations 5 and 6. It also corrects the omission of the second subject heading on pages 1 and 2, and inserts the omitted Welsh language translations of the definitions set out in regulations 5(2)(b) and 6(4) of the English language text. It also includes additional footnotes in regulation 5. It is therefore being issued free of charge to all known recipients of that Statutory Instrument.

Welsh Statutory Instruments

2019 No. 456 (W. 109)

Exiting The European Union, Wales

Town And Country Planning, Wales

The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Sift requirements satisfied

18 February 2019

Made

4 March 2019

Laid before the National Assembly for Wales

6 March 2019

Coming into force in accordance with regulation 1

The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 4(2) of Schedule 7 to that Act (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

Title and commencement

1.  The title of these Regulations is the Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 and they come into force on exit day.

Town and Country Planning (Control of Advertisements) Regulations 1992

2.  In regulation 2(1) of the Town and Country Planning (Control of Advertisements) Regulations 1992(2)—

(a) omit the definition of “EEA State”;

(b) in the definition of “statutory undertaker”—

(i) for the words “European licence” substitute “railway undertaking licence”;

(ii) omit the words from “or pursuant” to “a single European railway area (recast)”.

Town and Country Planning (Local Development Plan) (Wales) Regulations 2005

3.  In regulation 13(1) of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005(3)—

(a) in sub-paragraph (c) omit “by pursuing those objectives through the controls described in Article 13 of Directive 2012/18/EU”;

(b) for sub-paragraph (iii) of paragraph (d) substitute—

“(iii) in the case of existing establishments, to facilitate and encourage operators to take all necessary measures to prevent major accidents and to limit their consequences for human health and the environment.”

The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

4.  In Schedule 4 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012(4)—

(a) in the table, in paragraph (w), in the column headed “Description of Development” in sub-paragraph (ii) for the words from “covered” to “2012/18/EU” substitute “which would require notification under regulation 6(6) of the Control of Major Accident Hazards Regulations 2015(5)”;

(b) under the heading Interpretation of Table, for paragraph (m)(i) substitute—

“(i) the expressions “major accident” and “establishment” as they appear in that paragraph have the same meaning as in regulation 2 of the Control of Major Accident Hazards Regulations 2015.”

The Planning (Hazardous Substances) (Wales) Regulations 2015

5.—(1) The Planning (Hazardous Substances) (Wales) Regulations 2015(6) are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “the Directive” after “dangerous substances” insert “as it had effect immediately before exit day”;

(b) insert the following definitions in the appropriate places—

““the EIA Directive” (“y Gyfarwyddeb AEA”) means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment as it had effect immediately before exit day;”;

““major accident” (“damwain fawr”) has the meaning given in Article 3(13) of the Directive as it had effect immediately before exit day;”.

(3) In regulation 6(1)(a)—

(a) in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “(which have the same meaning as in any provision of retained EU law which implemented the EIA Directive)(7)”;

(b) after paragraph (ii) insert—

“(iia) where applicable, the fact that the project to which the proposal relates is one in respect of which the COMAH competent authority is required to consult any country in accordance with Regulation 20 of the Control of Major Accident Hazards Regulations 2015(8);”.

(4) In regulation10(3)(a)—

(a) in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “(which have the same meaning as in any provision of retained EU law which implemented the EIA Directive)(9)”;

(b) after paragraph (ii) insert—

“(iia) where applicable, the fact that the project to which the proposal relates is one in respect of which the COMAH competent authority is required to consult any country in accordance with Regulation 20 of the Control of Major Accident Hazards Regulations 2015;”.

(5) In regulation 26, at the end of paragraph (1)(b) insert “(with the reference in sub-paragraph (c) of that Article to Article 5 being read as a reference to regulation 5 of the Control of Major Accident Hazards Regulations 2015)”.

(6) In regulation 27(4) in the definition of “relevant plan or programme” in both sub-paragraphs (a) and (b), after “pursuant to” insert “any provision of retained EU law which implemented(10)”.

(7) In regulation 28(2)(a)—

(a) in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “(which have the same meaning as in any provision of retained EU law which implemented the EIA Directive)(11)”;

(b) after paragraph (ii) insert—

“(iia) pan fo’n gymwys, y ffaith bod y prosiect y mae’r cynnig yn ymwneud ag ef yn un y mae’n ofynnol i’r awdurdod COMAH cymwys ymgynghori ag unrhyw wlad yn unol â Rheoliad 20 o Reoliadau Rheoli Peryglon Damweiniau Difrifol 2015(12);”.

Transitional Provision

6.—(1) For the period of 2 years beginning with exit day, any reference in regulation 2 of the Town and Country Planning (Control of Advertisements) Regulations 1992 to a railway undertaking licence pursuant to the 2005 Regulations includes a reference to a relevant European licence.

(2) Any act or omission—

(a) in relation to, or in reliance on, a relevant European licence, and

(b) that has effect immediately before exit day,

continues to have effect on and after exit day.

(3) For the purposes of this regulation—

“the 2005 Regulations” (“Rheoliadau 2005”) means the Railway (Licensing of Railway Undertakings) Regulations 2005(13);

“European licence” (“trwydded Ewropeaidd”) has the same meaning as in regulation 2(1) of the 2005 Regulations (as modified by regulation 35 of the Railway (Licensing of Railway Undertakings) (Amendment etc) (EU Exit) Regulations 2019(14);

“relevant European licence” (“trwydded Ewropeaidd berthnasol”) means a European licence, the holder of which has a valid SNRP that has not been suspended or revoked;

“SNRP” (“DDdRhC”) has the same meaning as in the 2005 Regulations(15).

Julie James

Minister for Housing and Local Government, one of the Welsh Ministers.

4 March 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend—

(a) The Town and Country Planning (Control of Advertisements) Regulations 1992;

(b) The Town and Country Planning (Local Development Plan) (Wales) Regulations 2005;

(c) The Town and Country Planning (Development Management Procedure) (Wales) Order 2012; and

(d) The Planning (Hazardous Substances) (Wales) Regulations 2015.

Regulation 6 contains transitional provision in relation to the Town and Country Planning (Control of Advertisements) Regulations 1992.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a Regulatory Impact Assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2018 c. 16.

(2)

S.I. 1992/666, as amended by S.I. 2005/3050, 2016/645. There are other amending instruments but none is relevant.

(3)

S.I. 2005/2839 (W.203) as amended by S.I 2015/1597. There are other amendments but none are relevant.

(4)

S.I. 2012/801 (W.110) as amended by S.I 2016/59.

(5)

S.I. 2015/483, to which there are amendments but none is relevant.

(6)

S.I. 2015/1597 (W.196) to which there are amendments but none are relevant.

(7)

Directive 2011/92/EU is implemented by the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567 (W. 136)).

(8)

S.I. 2015/483 as amended by S.I. 2018/1370. There are other amending instruments but none is relevant.

(9)

Directive 2011/92/EU is implemented by the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567 (W. 136)).

(10)

Directive 2012/18/EU is implemented by the Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597 (W.196)).

(11)

Directive 2011/92/EU is implemented by the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567 (W.136)).

(12)

O.S. 2015/483 fel y’i diwygiwyd gan O.S. 2018/1370. Mae offerynnau diwygio eraill ond nid yw’r un ohonnynt yn berthnasol.

(13)

S.I. 2005/3050 to which there are amendments but none are relevant.

(14)

S.I. 2019/700.

(15)

Regulation 2 of the 2005 Regulations provides that “SNRP” means a statement of national regulatory provisions, issued pursuant to regulation 10 of those Regulations.