Version Superseded: 01/03/2016
Point in time view as at 06/09/2015.
Planning (Wales) Act 2015, SCHEDULE 5 is up to date with all changes known to be in force on or before 26 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(introduced by section 51)
1E+WThe Highways Act 1980 is amended as follows.
Commencement Information
I1Sch. 5 para. 1 partly in force; Sch. 5 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
2(1)Section 121 is amended as follows.E+W
(2)In subsection (5D), after “above” insert “ in England ”.
(3)In subsection (5E), after “above” insert “ in England ”.
(4)After subsection (5E) insert—
“(5F)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under subsection (5A) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”
Commencement Information
I2Sch. 5 para. 2 partly in force; Sch. 5 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
3E+WIn Schedule 6, in paragraph 2B—
(a)in sub-paragraph (1), after “above” insert “ in England ”;
(b)in sub-paragraph (3), after “above” insert “ in England ”;
(c)after sub-paragraph (3) insert—
“(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under sub-paragraph (2) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”
Commencement Information
I3Sch. 5 para. 3 partly in force; Sch. 5 para. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
4E+WThe Wildlife and Countryside Act 1981 is amended as follows.
Commencement Information
I4Sch. 5 para. 4 partly in force; Sch. 5 para. 4 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
5E+WIn section 28F, after subsection (11) insert—
“(12)In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted—
“(10)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.””
Commencement Information
I5Sch. 5 para. 5 partly in force; Sch. 5 para. 5 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
6E+WIn section 28L, after subsection (13) insert—
“(14)In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted—
“(12)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.””
Commencement Information
I6Sch. 5 para. 6 partly in force; Sch. 5 para. 6 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
7E+WIn Schedule 15, in paragraph 10A—
(a)in sub-paragraph (1), after “8” insert “ in England ”;
(b)in sub-paragraph (3), after “8” insert “ in England ”;
(c)after sub-paragraph (3) insert—
“(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”
Commencement Information
I7Sch. 5 para. 7 partly in force; Sch. 5 para. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
8E+WTCPA 1990 is amended as follows.
Commencement Information
I8Sch. 5 para. 8 partly in force; Sch. 5 para. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
9E+WIn section 175, in subsection (7), after “any proceedings” insert “ in England ”.
Commencement Information
I9Sch. 5 para. 9 partly in force; Sch. 5 para. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
10E+WIn section 196, in subsection (8), after “any proceedings” insert “ in England ”.
Commencement Information
I10Sch. 5 para. 10 partly in force; Sch. 5 para. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
11E+WIn section 208, omit subsection (11).
Commencement Information
I11Sch. 5 para. 11 partly in force; Sch. 5 para. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
12(1)Section 320 is amended as follows.E+W
(2)In subsection (1)—
(a)after “Secretary of State” insert “ or the Welsh Ministers ”;
(b)after “his” insert “ or their ”.
(3)In subsection (2), for “held by virtue of this section” substitute “ caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers ”.
(4)In subsection (3), for “held in England” substitute “ caused to be held by the Secretary of State ”.
Commencement Information
I12Sch. 5 para. 12 partly in force; Sch. 5 para. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
13(1)Section 322 is amended as follows.E+W
(2)Omit subsection (1AA).
(3)In subsection (2), after “proceedings” insert “ in England ”.
(4)In the heading, after “held” insert ”: England”.
Commencement Information
I13Sch. 5 para. 13 partly in force; Sch. 5 para. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
14(1)Section 322A is amended as follows.E+W
(2)In subsection (1)(a), after “proceedings” insert “ in England ”.
(3)Omit subsection (1B).
Commencement Information
I14Sch. 5 para. 14 partly in force; Sch. 5 para. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
15(1)Section 323 is amended as follows.E+W
(2)In subsection (1), after “proceedings” insert “ in England ”.
(3)Omit subsection (1B).
(4)In the heading, after “applications” insert “ : England ”.
Commencement Information
I15Sch. 5 para. 15 partly in force; Sch. 5 para. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
16(1)Schedule 6 is amended as follows.E+W
(2)In paragraph 6—
(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;
(b)after sub-paragraph (4) insert—
“(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”;
(c)in sub-paragraph (5), after “proceedings” insert “ in England ”.
(3)In paragraph 8, in sub-paragraph (1), after “hearing held” insert “ in England ”.
Commencement Information
I16Sch. 5 para. 16 partly in force; Sch. 5 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
17E+WIn Schedule 7, in paragraph 8—
(a)in sub-paragraph (6), after “hearing held” insert “ in England ”;
(b)after sub-paragraph (6) insert—
“(6A)The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority.”
Commencement Information
I17Sch. 5 para. 17 partly in force; Sch. 5 para. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
18E+WIn Schedule 8, in paragraph 5—
(a)in sub-paragraph (3), after “inquiry held” insert “ in England ”;
(b)after sub-paragraph (3) insert—
“(3ZA)The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission.”;
(c)in sub-paragraph (4), after “sub-paragraph (1)” insert “ in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, ”.
Commencement Information
I18Sch. 5 para. 18 partly in force; Sch. 5 para. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
19E+WThe Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
Commencement Information
I19Sch. 5 para. 19 partly in force; Sch. 5 para. 19 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
20E+WIn section 41, in subsection (8), after “any proceedings” insert “ in England ”.
Commencement Information
I20Sch. 5 para. 20 partly in force; Sch. 5 para. 20 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
21(1)Section 89 is amended as follows.E+W
(2)In subsection (1)—
(a)in the entry relating to section 322, after “held” insert “ : England ”;
(b)after the entry relating to section 322A, insert— “ section 322C (costs: Wales), ”;
(c)in the entry relating to section 323, after “applications” insert “ : England ”;
(d)after the entry relating to section 323, insert— “ section 323A (procedure for certain proceedings: Wales) ”.
(3)Omit subsection (1ZB).
Commencement Information
I21Sch. 5 para. 21 partly in force; Sch. 5 para. 21 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
22E+WIn Schedule 3, in paragraph 6—
(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;
(b)after sub-paragraph (4) insert—
“(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”;
(c)in sub-paragraph (5), for “such inquiry” substitute “ inquiry held by virtue of this paragraph ”;
(d)in sub-paragraph (8), after “proceedings” insert “ in England ”.
Commencement Information
I22Sch. 5 para. 22 partly in force; Sch. 5 para. 22 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
23E+WThe Planning (Hazardous Substances) Act 1990 is amended as follows.
Commencement Information
I23Sch. 5 para. 23 partly in force; Sch. 5 para. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
24E+WIn section 25, in subsection (5), after “any proceedings” insert “ in England ”.
Commencement Information
I24Sch. 5 para. 24 partly in force; Sch. 5 para. 24 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
25(1)Section 37 is amended as follows.E+W
(2)In subsection (2)—
(a)in the entry relating to section 322, after “held” insert “ : England ”;
(b)after the entry relating to section 322A, insert— “ section 322C (costs: Wales) ”;
(c)in the entry relating to section 323, after “applications” insert “ : England ”;
(d)after the entry relating to section 323, insert— “ section 323A (procedure for certain proceedings: Wales) ”.
(3)Omit subsection (4).
Commencement Information
I25Sch. 5 para. 25 partly in force; Sch. 5 para. 25 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
26E+WIn the Schedule, in paragraph 6—
(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;
(b)after sub-paragraph (4) insert—
“(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”;”;
(c)in sub-paragraph (5), for “such inquiry” substitute “ inquiry held by virtue of this paragraph ”;
(d)in sub-paragraph (8), after “proceedings” insert “ in England ”.
Commencement Information
I26Sch. 5 para. 26 partly in force; Sch. 5 para. 26 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
27E+WIn section 16 of the Tribunals and Inquiries Act 1992, in subsection (1), in the definition of “statutory inquiry”, after paragraph (b) insert— “ but does not include an inquiry or hearing held or to be held in Wales under any provision of the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990, ”.
Commencement Information
I27Sch. 5 para. 27 partly in force; Sch. 5 para. 27 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
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