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Planning (Wales) Act 2026

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Planning (Wales) Act 2026 is up to date with all changes known to be in force on or before 12 July 2026. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART 1 INTRODUCTORY PROVISIONS

    1. CHAPTER 1 INTRODUCTION AND OVERVIEW

      1. 1.Introduction to this Act

      2. 2.Overview of this Act

    2. CHAPTER 2 “DEVELOPMENT” AND RELATED DEFINITIONS

      1. 3.Meaning of “development”

      2. 4.Building, engineering and mining operations

      3. 5.Uses of land that involve a material change

      4. 6.Operations and changes in use that are not development

    3. CHAPTER 3 PLANNING AUTHORITIES

      1. 7.The planning authority for an area

      2. 8.Power to designate joint planning area and establish joint planning board

      3. 9.Joint planning areas and National Parks

  3. PART 2 THE DEVELOPMENT PLAN

    1. CHAPTER 1 INTRODUCTORY

      1. 10.Meaning of “the development plan” for an area

      2. 11.Sustainable development

    2. CHAPTER 2 NATIONAL DEVELOPMENT FRAMEWORK FOR WALES

      1. 12.Duty to prepare and publish National Development Framework

      2. 13.Preparation of Framework: statement of public participation

      3. 14.Procedure for preparation and publication of Framework

      4. 15.Review and revision of Framework

    3. CHAPTER 3 STRATEGIC AND LOCAL PLANNING: MAIN FUNCTIONS OF AUTHORITIES

      1. Strategic planning by corporate joint committees

        1. 16.Survey of corporate joint committee’s area

        2. 17.Duty to prepare strategic development plan

      2. Local planning by planning authorities

        1. 18.Survey of planning authority’s area

        2. 19.Duty to prepare local development plan

    4. CHAPTER 4 STRATEGIC AND LOCAL DEVELOPMENT PLANS: PROCEDURE

      1. Introduction

        1. 20.Meaning of “plan” and “plan-making authority”

      2. Preparation and adoption of plans

        1. 21.Preparation of plan: procedure and delivery agreement

        2. 22.Sustainability appraisal

        3. 23.Independent examination

        4. 24.Adoption of plan

      3. Intervention by the Welsh Ministers and withdrawal of plans before adoption

        1. 25.Power to direct authority to modify plan

        2. 26.Power to direct authority to submit plan for approval

        3. 27.Power to direct authority to withdraw plan

        4. 28.Withdrawal of plan in absence of direction

        5. 29.Default powers of the Welsh Ministers

      4. Representations about plans

        1. 30.Exclusion of certain representations relating to highways and new towns

      5. Review, revision, revocation and monitoring of plans after adoption or approval

        1. 31.Duty to consider whether to review plan

        2. 32.Review of plan

        3. 33.Revision of plan

        4. 34.Revocation of plan

        5. 35.Annual monitoring report

      6. Joint local development plans

        1. 36.Joint exercise of functions by planning authorities

        2. 37.End of joint arrangements between planning authorities

      7. Costs of independent examinations of plans

        1. 38.Power to require plan-making authority to pay costs of independent examination

    5. CHAPTER 5 GENERAL

      1. 39.Urban development corporations

      2. 40.Guidance

      3. 41.Regulations about exercise of functions relating to plans

  4. PART 3 PLANNING PERMISSION

    1. CHAPTER 1 INTRODUCTORY

      1. Overview

        1. 42.Overview of this Part

      2. Requirement for planning permission

        1. 43.Planning permission required for development

    2. CHAPTER 2 PLANNING PERMISSION GRANTED BY ORDER

      1. 44.Power of the Welsh Ministers to grant permission by development order

      2. 45.Power of planning authority to grant permission by local development order

      3. 46.Completion of development after withdrawal of permission granted by order

    3. CHAPTER 3 PLANNING PERMISSION GRANTED ON APPLICATION: INTRODUCTORY

      1. 47.Grant of planning permission on application

      2. 48.Outline planning permission

      3. 49.Planning permission for development already carried out

      4. 50.Planning permission for development without complying with previous conditions

      5. 51.Sustainable development duty

    4. CHAPTER 4 PRE-APPLICATION PROCEDURE

      1. 52.Requirement for applicant to carry out pre-application consultation and publicity

      2. 53.Pre-application services provided by planning authority or the Welsh Ministers

      3. 54.Pre-application services: records and statement of services

    5. CHAPTER 5 APPLYING FOR PLANNING PERMISSION AND RELATED APPROVALS

      1. Requirements for applications to planning authorities

        1. 55.Application for planning permission to be made to planning authority

        2. 56.Application for planning permission, approval of reserved matters etc.: general requirements

        3. 57.Application for planning permission: design and access statement and pre-application consultation report

        4. 58.Notice of application for planning permission or approval of reserved matters

      2. Failure to comply with requirements for applications

        1. 59.Planning authority not to consider invalid application

        2. 60.Planning authority to give notice that application is not valid

        3. 61.Right to appeal against notice of invalidity

        4. 62.Determination of appeal against notice

    6. CHAPTER 6 DEALING WITH APPLICATIONS

      1. Procedure for dealing with applications

        1. 63.Procedure for dealing with applications: general

        2. 64.Requirement to respond to consultation

        3. 65.Notifying community councils of applications

      2. Determination of applications and conditions of planning permission

        1. 66.General considerations relevant to determination of applications

        2. 67.Grant or refusal of planning permission and imposition of conditions

        3. 68.Determining applications to develop without compliance with previous conditions

        4. 69.Decision notices

      3. Cases where planning authorities do not deal with applications made to them

        1. 70.Power to refuse to consider similar applications

        2. 71.Power to refuse to consider application made after issue of enforcement notice

        3. 72.Reference of application to the Welsh Ministers

      4. Appeals to the Welsh Ministers

        1. 73.Right to appeal against planning authority decision or failure to make decision

        2. 74.Procedure for making appeal

        3. 75.Restriction on varying application after service of notice of appeal

        4. 76.Decision on application after service of notice of appeal

        5. 77.Determination of appeal

    7. CHAPTER 7 APPLICATIONS FOR PLANNING PERMISSION AND RELATED APPROVALS: SPECIAL CASES

      1. Optional applications to the Welsh Ministers

        1. 78.Option to make application to the Welsh Ministers

        2. 79.Designation of planning authority for the purposes of section 78

        3. 80.Option to make application to the Welsh Ministers: connected applications

        4. 81.Powers to impose requirements in relation to applications to the Welsh Ministers

        5. 82.Procedure for dealing with planning applications made to the Welsh Ministers

        6. 83.Pre-application services and determination of applications: functions of inspectors

      2. The Crown

        1. 84.Applications by the Crown

        2. 85.Applications relating to urgent Crown development

      3. Combination of applications

        1. 86.Combination of applications for planning permission with other applications

    8. CHAPTER 8 PLANNING PERMISSION FOR DEVELOPMENT WITH GOVERNMENT AUTHORISATION

      1. 87.Authorisation for development by local authorities and statutory undertakers

      2. 88.Consent for electricity generating stations and electric lines

      3. 89.Orders under the Transport and Works Act 1992

      4. 90.Application of this Act to planning permission granted under this Chapter

    9. CHAPTER 9 EFFECT, DURATION AND IMPLEMENTATION OF PLANNING PERMISSION

      1. Effect of planning permission

        1. 91.Benefit of planning permission

        2. 92.Permission to erect a building: purposes for which building may be used

      2. Duration of planning permission

        1. 93.Condition about period within which development must start

        2. 94.Conditions of outline planning permission

        3. 95.Breach of condition about period within which development must start etc.

        4. 96.Duration of minerals permission

      3. Implementation of planning permission

        1. 97.Notice of starting and carrying out development

      4. Termination of planning permission where development has not been completed

        1. 98.Power to make termination order

      5. Interpretation

        1. 99.Time when development starts

    10. CHAPTER 10 CHANGES TO PLANNING PERMISSION

      1. Non-material changes to planning permission

        1. 100.Power of planning authority to make non-material change to planning permission

        2. 101.Further provision about applications for non-material changes

      2. Modification and revocation of planning permission

        1. 102.Power to make order modifying or revoking planning permission

      3. Reviews of planning permission for minerals development

        1. 103.Giving effect to minerals permissions relating to dormant sites

        2. 104.Periodic review of minerals permissions

    11. CHAPTER 11 COMPENSATION AND PURCHASE OF INTERESTS IN LAND

      1. Compensation for changes to planning permission

        1. 105.Compensation for refusal or conditional grant of planning permission previously granted by order

        2. 106.Compensation where planning permission is modified or revoked

        3. 107.Compensation for changes to planning permission: supplementary provision

        4. 108.Apportionment and recovery of compensation for depreciation

        5. 109.Compensation for changes to planning permission for minerals development

      2. Right to require purchase of interest in land

        1. 110.Service of purchase notice where planning permission is refused, revoked or made conditional

    12. CHAPTER 12 REGISTER

      1. 111.Register of local development orders, planning applications etc.

  5. PART 4 ENFORCEMENT

    1. Introductory

      1. 112.Expressions used in connection with enforcement

      2. 113.Time limits for taking enforcement action

    2. Investigatory powers

      1. 114.Power of planning authority to serve enforcement investigation notice

      2. 115.Offence of failing to comply with enforcement investigation notice

      3. 116.Powers to enter land for enforcement purposes

      4. 117.Warrant to enter land

      5. 118.Supplementary provision about powers of entry

    3. Enforcement warning notices

      1. 119.Power of planning authority to issue enforcement warning notice

    4. Temporary stop notices

      1. 120.Power of planning authority to issue temporary stop notice

      2. 121.Restrictions on power to issue temporary stop notice

      3. 122.Duration etc. of temporary stop notice

      4. 123.Offence of breaching temporary stop notice

      5. 124.Compensation for loss or damage caused by temporary stop notice

    5. Breach of condition notices

      1. 125.Power of planning authority to serve breach of condition notice

      2. 126.Offence of failing to comply with breach of condition notice

      3. 127.Effect of grant of planning permission or removal of condition on breach of condition notice

    6. Enforcement notices

      1. 128.Power of planning authority to issue enforcement notice

      2. 129.Service, taking effect etc. of enforcement notice

      3. 130.Variation and withdrawal of enforcement notice

    7. Appeals against enforcement notices

      1. 131.Right to appeal against enforcement notice

      2. 132.Determination of appeal: general

      3. 133.Grant of planning permission etc. on determination of appeal

      4. 134.Issue of certificate of lawfulness on determination of appeal

    8. Compliance with enforcement notices

      1. 135.Order to permit steps required by enforcement notice

      2. 136.Power to enter land and take steps required by enforcement notice

      3. 137.Recovery of costs of compliance with enforcement notice

      4. 138.Offences of failing to comply with enforcement notice

      5. 139.Assurance that person is not at risk of prosecution for offence under section 138

    9. Further provisions about effect of enforcement notices

      1. 140.Grounds for appeal not to be raised in other proceedings

      2. 141.Effect of grant of planning permission on enforcement notice

      3. 142.Deemed planning permission where enforcement notice is complied with

      4. 143.Continuing effect of enforcement notice in relation to later development

    10. Enforcement by the Welsh Ministers

      1. 144.Power of the Welsh Ministers to issue enforcement notice

    11. Stop notices

      1. 145.Power of planning authority to issue stop notice

      2. 146.Restrictions on power to issue stop notice

      3. 147.Service and display of stop notice

      4. 148.Withdrawal of stop notice

      5. 149.Duration and effect of stop notice

      6. 150.Power of the Welsh Ministers to issue stop notice

      7. 151.Offence of breaching stop notice

      8. 152.Compensation for loss or damage caused by stop notice

    12. Injunctions

      1. 153.Injunctions restraining breaches of planning control

    13. Register

      1. 154.Register of enforcement notices, other enforcement action and stop notices

  6. PART 5 CERTIFICATES OF LAWFULNESS

    1. 155.Expressions relating to lawfulness

    2. 156.Certificate of lawfulness of existing use or development

    3. 157.Certificate of lawfulness of proposed use or development

    4. 158.Further provision about applications for certificates of lawfulness

    5. 159.Further provision about certificates of lawfulness

    6. 160.Right to appeal against refusal of application or failure to make decision

    7. 161.Restriction on varying application after service of notice of appeal

    8. 162.Determination of appeal

    9. 163.Revocation of certificate of lawfulness

    10. 164.Offence of making false statement etc. to influence outcome of application or appeal

  7. PART 6 OBLIGATIONS RELATING TO DEVELOPMENT AND USE OF LAND

    1. CHAPTER 1 PLANNING OBLIGATIONS

      1. 165.Planning obligations

      2. 166.Enforcement of planning obligations

      3. 167.Modification and discharge of planning obligations

      4. 168.Appeals relating to applications to modify or discharge planning obligations

      5. 169.Legal challenges relating to applications made to the Welsh Ministers or Secretary of State

      6. 170.Interpretation of this Chapter

    2. CHAPTER 2 COMMUNITY INFRASTRUCTURE LEVY

      1. The levy

        1. 171.CIL regulations

        2. 172.Charging for development

        3. 173.Use of CIL: funding infrastructure

      2. Liability for CIL

        1. 174.Terms relating to liability

        2. 175.Assuming liability

        3. 176.Default liability for CIL

        4. 177.Time when liability arises

        5. 178.Liability in other cases

        6. 179.Further provision about liability for CIL

      3. Exemptions and reductions

        1. 180.Exemptions and reductions: general

        2. 181.Charities: exemption from liability

        3. 182.Exemptions and reductions: procedure

      4. Amount of CIL

        1. 183.Charging schedule

        2. 184.Estimate of amount

        3. 185.Appeals relating to calculation of CIL

      5. Collection of CIL

        1. 186.Collection and payment of CIL

      6. Enforcement of CIL

        1. 187.Enforcement: general

        2. 188.Consequences of failure to comply

        3. 189.Interest and penalties

        4. 190.Power to stop development

        5. 191.Powers of entry

        6. 192.Offences

        7. 193.Registration or notification of liability

      7. Compensation

        1. 194.Compensation: loss or damage as a result of enforcement action

      8. Use of CIL payments

        1. 195.Funding by CIL

        2. 196.CIL funding: lists

        3. 197.Duty to pass CIL to other persons

        4. 198.Duty to pass on CIL: further provision

        5. 199.Use of CIL in area to which duty to pass on CIL does not apply

      9. Reviews and appeals

        1. 200.Reviews and appeals

      10. Procedure

        1. 201.Power to make further provision about procedures

      11. Guidance

        1. 202.Guidance

      12. Relationship with other powers

        1. 203.Relationship with other powers

      13. General

        1. 204.CIL regulations: general

        2. 205.Interpretation of this Chapter

  8. PART 7 OTHER POWERS RELATING TO USE OR CONDITION OF LAND

    1. CHAPTER 1 POWERS TO REQUIRE DISCONTINUANCE OF USE OF LAND ETC.

      1. Discontinuance orders

        1. 206.Power to make discontinuance order

        2. 207.Planning permission granted by discontinuance order

      2. Prohibition orders and protection orders

        1. 208.Power to make prohibition order or protection order

      3. Enforcement of orders

        1. 209.Powers to enter land, take steps required by order and recover costs

        2. 210.Offence of failing to comply with order

      4. Compensation and purchase of interests in land

        1. 211.Compensation for damage caused by discontinuance order

        2. 212.Compensation for effects of orders relating to minerals

        3. 213.Service of purchase notice following making of discontinuance order

    2. CHAPTER 2 LAND ADVERSELY AFFECTING AMENITY OF NEIGHBOURHOOD

      1. Maintenance of land notices

        1. 214.Power of planning authority to issue maintenance of land notice

      2. Appeals against maintenance of land notices

        1. 215.Right to appeal against maintenance of land notice

        2. 216.Determination of appeal

        3. 217.Grounds for appeal not to be raised in other proceedings

      3. Enforcement of maintenance of land notices

        1. 218.Order to permit steps required by maintenance of land notice

        2. 219.Powers to enter land, take steps required by maintenance of land notice and recover costs

        3. 220.Offence of failing to comply with maintenance of land notice

  9. PART 8 CONTROL OF ADVERTISEMENTS

    1. Control of advertisements regulations

      1. 221.Control of advertisements regulations

      2. 222.Consent for the display of advertisements

      3. 223.Restricting the display of advertisements where express consent is not ordinarily required

      4. 224.Appeals

      5. 225.Changing or revoking consent

      6. 226.Compensation

      7. 227.Control of advertisements regulations: supplementary

      8. 228.Power to make different provision for different areas, including areas of special control

    2. Deemed planning permission for display of advertisements

      1. 229.Deemed planning permission for advertisements displayed in accordance with regulations

    3. Enforcement of regulations

      1. 230.Offence of displaying advertisement in breach of regulations

      2. 231.Power to remove or obliterate placard and poster

      3. 232.Compensation for damage caused in removing or obliterating placard or poster

  10. PART 9 PRESERVATION OF TREES AND WOODLANDS

    1. CHAPTER 1 TREE PRESERVATION ORDERS AND WOODLAND PRESERVATION ORDERS ETC.

      1. General duty of planning authorities

        1. 233.Planning permission to include provision for preservation and planting of trees

      2. Tree preservation orders and woodland preservation orders

        1. 234.Power of planning authority to make tree preservation order

        2. 235.Power of planning authority to make woodland preservation order

        3. 236.Power of the Welsh Ministers to make tree preservation orders and woodland preservation orders

      3. Tree preservation regulations

        1. 237.Tree preservation regulations: general

        2. 238.Interests of amenity: factors to be taken into account

        3. 239.Making, varying or revoking tree preservation orders and woodland preservation orders

        4. 240.Activities that may be prohibited

        5. 241.Consent for prohibited activities and appeals

        6. 242.Compensation

        7. 243.Registers of information relating to tree preservation orders and woodland preservation orders

        8. 244.Tree preservation regulations: restriction relating to felling licences under the Forestry Act 1967

      4. Replacement of trees

        1. 245.Replacement of trees: tree preservation orders

        2. 246.Replacement of trees: woodland preservation orders

    2. CHAPTER 2 TREES IN CONSERVATION AREAS

      1. 247.Preservation of trees in conservation areas

      2. 248.Replacement of trees in conservation areas

      3. 249.Register of notices of intention to carry out works

    3. CHAPTER 3 ENFORCEMENT

      1. Enforcement of prohibition on works

        1. 250.Offences of breaching tree preservation provisions

        2. 251.Injunction restraining breach of tree preservation provisions

      2. Enforcement of requirement to replace trees

        1. 252.Power of planning authority to issue tree replacement notice

        2. 253.Variation of tree replacement notice

        3. 254.Right to appeal against tree replacement notice

        4. 255.Determination of appeal

        5. 256.Order to permit trees to be planted

        6. 257.Power to enter land and plant trees

        7. 258.Recovery of costs of planting trees

      3. Powers of entry

        1. 259.Powers to enter land without warrant

        2. 260.Warrant to enter land

        3. 261.Supplementary provisions about powers of entry

  11. PART 10 ACQUISITION AND APPROPRIATION OF LAND FOR PLANNING PURPOSES ETC.

    1. Powers of relevant local authority to acquire land for planning purposes

      1. 262.Acquisition of land by agreement for planning purposes

      2. 263.Compulsory acquisition of land for planning purposes

    2. Power of local authority to appropriate land forming part of common or allotment

      1. 264.Appropriation of land forming part of common or allotment for another purpose

    3. Appropriation, disposal and development of land held by local authority for planning purposes

      1. 265.Land to which sections 266 to 268 apply

      2. 266.Appropriation of land held for planning purposes

      3. 267.Disposal of land held for planning purposes

      4. 268.Development and use of land held for planning purposes

    4. Removal of restrictions on obtaining possession of dwellings

      1. 269.Power of local authority to obtain possession of dwellings let under certain tenancies

    5. Joint body to hold land acquired by local authority for planning purposes

      1. 270.Power of the Welsh Ministers to establish joint body to hold land acquired for planning purposes

    6. Acquisition and disposal of land by the Welsh Ministers

      1. 271.Compulsory acquisition of land by the Welsh Ministers

      2. 272.Disposal of land acquired under section 271

    7. Ending of certain rights on compulsory acquisition of land

      1. 273.Ending of rights relating to land acquired compulsorily under this Part

    8. Removal of restrictions on use of open spaces, burial grounds etc.

      1. 274.Meaning of “relevant acquisition” and “relevant appropriation”

      2. 275.Development and use of commons, open spaces and allotments

      3. 276.Development and use of burial grounds

      4. 277.Development and use of land connected to religious worship other than burial grounds

      5. 278.Further provision about regulations under sections 276 and 277

    9. General

      1. 279.Interpretation of this Part

  12. PART 11 HIGHWAYS

    1. CHAPTER 1 HIGHWAYS AFFECTED BY DEVELOPMENT

      1. Stopping up and diversion of highways: powers of the Welsh Ministers

        1. 280.Stopping up or diversion of highway to enable development

        2. 281.Stopping up or diversion of highway crossing or entering route of new highway

        3. 282.Procedure before grant of planning permission

        4. 283.Further provision about orders under sections 280 and 281

        5. 284.Orders under section 281: stopping up of private means of access

        6. 285.Compensation where private means of access is stopped up

      2. Pedestrianisation of highways: powers of the Welsh Ministers

        1. 286.Pedestrianisation of highway to improve amenity

        2. 287.Revocation of order for pedestrianisation of highway

        3. 288.Further provision about orders under sections 286 and 287

        4. 289.Compensation where highway is pedestrianised

      3. Further powers where orders are made by the Welsh Ministers

        1. 290.Compulsory acquisition of land in connection with order

        2. 291.Ending of rights of statutory undertakers and network operators

        3. 292.Electronic communications apparatus affected by order

      4. Stopping up or diversion of public paths: powers of planning authorities

        1. 293.Stopping up or diversion of public path to enable development

        2. 294.Confirmation of order made by planning authority

        3. 295.Electronic communications apparatus affected by order

      5. Mineral working: temporary orders

        1. 296.Temporary stopping up or diversion for surface working of minerals

    2. CHAPTER 2 ENDING RIGHTS OF WAY OVER LAND HELD FOR PLANNING PURPOSES

      1. Powers of the Welsh Ministers

        1. 297.Power of the Welsh Ministers to end right of way over land held for planning purposes

        2. 298.Compulsory acquisition of land to provide alternative right of way

        3. 299.Concurrent proceedings relating to orders and acquisitions

      2. Powers of local authorities

        1. 300.Power of local authority to end right of way over public path on land held for planning purposes

      3. Electronic communications apparatus

        1. 301.Electronic communications apparatus affected by order

    3. CHAPTER 3 GENERAL

      1. 302.Interpretation of this Part

  13. PART 12 STATUTORY UNDERTAKERS ETC.

    1. Interpretation of terms relating to statutory undertakers

      1. 303.Meaning of “statutory undertaker” and “statutory undertaking”

      2. 304.Meaning of “operational land”: statutory undertakers generally

      3. 305.Meaning of “operational land”: Civil Aviation Authority and air traffic licensees

      4. 306.Meaning of “operational land”: universal postal service providers

      5. 307.Meaning of “operational land”: supplementary provision

      6. 308.Meaning of “the appropriate Minister” etc.

    2. Development and use of land of statutory undertakers

      1. 309.Applications for planning permission by statutory undertakers

      2. 310.Conditional grant of planning permission

      3. 311.Modification or revocation of planning permission

      4. 312.Discontinuance orders, prohibition orders and protection orders

      5. 313.Display of advertisements on operational land

    3. Statutory undertakers and network operators: ending of rights and removal of apparatus

      1. 314.Removal notices: ending rights over land etc. of statutory undertakers and network operators

      2. 315.Removal notices: withdrawal or taking effect

      3. 316.Powers of statutory undertakers or network operators to enter land to remove or re-site apparatus

    4. Extending or modifying statutory undertakers’ functions

      1. 317.Orders to extend or modify statutory undertakers’ functions

    5. Relieving statutory undertakers of impracticable obligations

      1. 318.Orders to relieve statutory undertakers of impracticable obligations

    6. Compensation

      1. 319.Right to compensation for effects of certain planning decisions and orders

      2. 320.Rights to compensation for ending rights over land etc.

      3. 321.Assessing compensation

      4. 322.Statutory undertakers’ power to exclude section 321

  14. PART 13 BLIGHTED LAND

    1. Key terms

      1. 323.Key terms

    2. Blight notices

      1. 324.Notice requiring purchase of blighted land

    3. Counter-notices

      1. 325.Counter-notice objecting to blight notice

      2. 326.Grounds of objection to a blight notice

      3. 327.Grounds of objection: further provision

      4. 328.Further counter-notice where certain proposals come into force

      5. 329.Reference of objection to Upper Tribunal: general

      6. 330.Effect of objection where no reference is made to Upper Tribunal

    4. Blight notices where no objection or where upheld by the Upper Tribunal

      1. 331.Effect of blight notice

      2. 332.Blight notice in respect of part of hereditament or unit

    5. Effect of Grounds 2, 3 and 4 on compulsory acquisition powers

      1. 333.Effect on powers of compulsory acquisition where no intention to acquire

      2. 334.Effect on powers of compulsory acquisition where intention to acquire part

    6. Blight notice requiring purchase of unaffected area of agricultural unit

      1. 335.Requirement to purchase parts of agricultural units unaffected by blight

      2. 336.Additional ground of objection to blight notice including requirement to purchase unaffected area

      3. 337.Upper Tribunal: objection to blight notice including requirement to purchase unaffected area

      4. 338.Effect of blight notice including requirement to purchase unaffected area

      5. 339.Effect of blight notice where claim in respect of unaffected area withdrawn or rejected

      6. 340.Effect of blight notice where claim in respect of unaffected area and part of affected area withdrawn or rejected

    7. Withdrawal of blight notice

      1. 341.Withdrawal of blight notice

    8. Compensation: special cases

      1. 342.Compensation: cases where prospect of planning permission to be ignored

      2. 343.Compensation: listed buildings in need of repair

      3. 344.Compensation: blight notice including claim in respect of unaffected area

    9. Personal representatives

      1. 345.Powers of personal representatives in respect of blight notice served before death

      2. 346.Power of personal representative to serve blight notice

      3. 347.Grounds of objection to blight notice served by personal representative

    10. Mortgagees

      1. 348.Power of mortgagee to serve blight notice

      2. 349.Grounds of objection to blight notice served by mortgagee

    11. Prohibition on simultaneous blight notices

      1. 350.Prohibition on service of simultaneous notices under sections 324, 346 and 348

    12. Partnerships

      1. 351.Partnerships: special provision

    13. Powers to acquire land where blight notice served

      1. 352.Power of the Welsh Ministers to acquire land identified by National Development Framework for Wales

      2. 353.Power of the Welsh Ministers to acquire land affected by order relating to new town

      3. 354.Power of the Welsh Ministers to acquire land affected by order relating to urban development area

      4. 355.Power of the Welsh Ministers to acquire land identified in infrastructure policy statement

      5. 356.Power of the Secretary of State to acquire land identified in national policy statement

    14. Miscellaneous and supplementary provisions

      1. 357.No withdrawal of notice to treat deemed to have been served under this Part

      2. 358.Assistance to acquire property where objection on Ground 4

    15. Interpretation

      1. 359.Interpretation of this Part

  15. PART 14 ADMINISTRATION AND VALIDITY

    1. CHAPTER 1 EXERCISE OF FUNCTIONS OF PLANNING AUTHORITIES

      1. Fees and charges

        1. 360.Fees and charges for exercise of functions by planning authorities

      2. Arrangements for exercise of functions relating to applications

        1. 361.Power to require functions to be exercised by committees, sub-committees or officers

        2. 362.Size and composition of committees to exercise functions

        3. 363.Arrangements for exercise of functions: supplementary

    2. CHAPTER 2 PROCEEDINGS BEFORE THE WELSH MINISTERS

      1. Fees and charges

        1. 364.Fees and charges for applications and appeals to the Welsh Ministers

      2. Procedural provisions applying to proceedings before the Welsh Ministers

        1. 365.Determination of appeal by inspector

        2. 366.Choice of inquiry, hearing or written procedure for appeals and applications

        3. 367.Procedural requirements for appeals, applications and other proceedings

      3. Local inquiries

        1. 368.Power of the Welsh Ministers to hold local inquiry

        2. 369.Power of person holding inquiry to require evidence

        3. 370.Access to evidence at inquiry

        4. 371.Payment of appointed representative where access to evidence restricted

      4. Costs of proceedings before the Welsh Ministers

        1. 372.Payment of costs of the Welsh Ministers

        2. 373.Orders relating to costs of parties

    3. CHAPTER 3 VALIDITY OF PLANS, DECISIONS AND ORDERS

      1. Review by High Court of plans, decisions and orders

        1. 374.Statutory review of development plans

        2. 375.Validity of certain decisions and orders

        3. 376.Application for statutory review of decision or order

        4. 377.Statutory review of orders relating to highways and statutory undertakers

      2. Appeals to High Court against decisions relating to certain notices

        1. 378.Appeal against decision relating to enforcement notice

        2. 379.Appeal against decision relating to maintenance of land notice or tree replacement notice

    4. CHAPTER 4 CORRECTION OF DECISIONS OF THE WELSH MINISTERS

      1. 380.Meaning of “decision document” and “correctable error”

      2. 381.Power to correct correctable errors in decision documents

      3. 382.Effect and validity of correction notice

  16. PART 15 GENERAL

    1. Powers to require information about interests in land

      1. 383.Power to serve information notice

      2. 384.Offences of failing to comply with information notice

      3. 385.Information about interests in Crown land

    2. Powers of entry

      1. 386.Powers to enter land

      2. 387.Powers of entry: scope and restrictions

      3. 388.Powers of entry: offences and compensation

      4. 389.Powers to enter Crown land

    3. Offences

      1. 390.Offences by bodies corporate

    4. Compensation

      1. 391.Making claims for compensation

      2. 392.Determination of compensation claims by Upper Tribunal

      3. 393.Compensation for depreciation of value of land

      4. 394.Power to modify compensation provisions in relation to minerals

    5. Financial contributions

      1. 395.Contributions towards costs incurred by authorities

    6. Forms

      1. 396.Form of local authority documents

      2. 397.Powers to make provision about forms for applications and appeals

    7. Service of documents

      1. 398.Service of notices and other documents: general

      2. 399.Service of documents on persons having an interest in land or occupying land

      3. 400.Service of documents on the Crown

    8. The Crown

      1. 401.Definitions relating to the Crown

      2. 402.Representation of Crown and Duchy interests in land

      3. 403.Enforcement steps in relation to Crown land

    9. Other special cases

      1. 404.Listed buildings and features of special architectural or historical interest

      2. 405.Development by, and land of, planning authorities and the Welsh Ministers

      3. 406.Church of England land

    10. General

      1. 407.Regulations

      2. 408.Interpretation

      3. 409.Coming into force

      4. 410.Short title

    1. SCHEDULE 1

      LOCAL DEVELOPMENT ORDERS

      1. 1.Preparation of order

      2. 2.Power of the Welsh Ministers to direct authority to modify order before adoption

      3. 3.Power to direct authority to submit order for approval

      4. 4.Revision of order after adoption

      5. 5.Revocation of order

      6. 6.Annual monitoring report

      7. 7.Regulations

    2. SCHEDULE 2

      APPEALS UNDER SECTION 61: DETERMINATION BY INSPECTORS

      1. 1.Powers and duties of inspector

      2. 2.Replacement of inspector

      3. 3.Direction that appeal is to be determined by the Welsh Ministers

      4. 4.Revocation of direction

      5. 5.Supplementary

    3. SCHEDULE 3

      CONDITIONS RELATING TO MINING OPERATIONS AND DEPOSITING OF WASTE

      1. 1.Power to grant permission subject to aftercare conditions

      2. 2.Meaning of “required standard” for use specified in aftercare condition

      3. 3.Consultation on aftercare condition that specifies use for agriculture or for growing timber

      4. 4.Certificate of compliance with aftercare condition

      5. 5.Recovery of costs of compliance

    4. SCHEDULE 4

      APPLICATIONS TO THE WELSH MINISTERS: EXERCISE OF FUNCTIONS BY INSPECTORS

      1. PART 1 PROVISION OF PRE-APPLICATION SERVICES BY INSPECTOR

        1. 1.Replacement of inspector

        2. 2.Service of direction that functions are to be exercised by the Welsh Ministers

        3. 3.Revocation of direction

      2. PART 2 DETERMINATION OF APPLICATION BY INSPECTOR

        1. 4.Powers and duties of inspector

        2. 5.Local inquiry, hearing or written representations

        3. 6.Replacement of inspector

        4. 7.Direction that application is to be determined by the Welsh Ministers

        5. 8.Revocation of direction

        6. 9.Supplementary

    5. SCHEDULE 5

      CONDITION LIMITING DURATION OF MINERALS PERMISSION

      1. 1.Permission granted on or after 22 February 1982

      2. 2.Permission granted before 22 February 1982

      3. 3.General

    6. SCHEDULE 6

      TERMINATION ORDERS

      1. PART 1 PROCEDURE FOR ORDERS MADE BY PLANNING AUTHORITIES

        1. 1.Requirement for confirmation by the Welsh Ministers

      2. PART 2 PROCEDURE FOR ORDERS MADE BY THE WELSH MINISTERS

        1. 2.Consultation and notification before making order

    7. SCHEDULE 7

      ORDERS MODIFYING OR REVOKING PLANNING PERMISSION

      1. PART 1 PROCEDURES FOR ORDERS MADE BY PLANNING AUTHORITIES

        1. 1.Circumstances in which order takes effect

        2. 2.Procedure for confirmation of order by the Welsh Ministers

        3. 3.Procedure for order to take effect without confirmation

      2. PART 2 PROCEDURE FOR ORDERS MADE BY THE WELSH MINISTERS

        1. 4.Consultation and notification before making order

      3. PART 3 MODIFICATION OR REVOCATION OF PLANNING PERMISSION FOR MINING OPERATIONS OR DEPOSITING OF WASTE

        1. 5.Power to impose aftercare condition on modification or revocation of permission

    8. SCHEDULE 8

      MINERALS PERMISSIONS RELATING TO DORMANT SITES

      1. 1.Application to determine conditions of minerals permissions relating to dormant sites

      2. 2.Dealing with an application

      3. 3.Reference of applications to the Welsh Ministers

      4. 4.Right to appeal against determination of application

      5. 5.Time when conditions of permission take effect

      6. 6.Applications made electronically

      7. 7.Two or more applications

    9. SCHEDULE 9

      PERIODIC REVIEW OF MINERALS PERMISSIONS

      1. 1.Duty to carry out periodic reviews of minerals permissions

      2. 2.First review date

      3. 3.Later review dates

      4. 4.Application of provisions of this Schedule

      5. 5.Notice of periodic review

      6. 6.Application to postpone review date

      7. 7.Application to determine conditions of minerals permission

      8. 8.Termination of permission if no application is made

      9. 9.Dealing with an application

      10. 10.Reference of applications to the Welsh Ministers

      11. 11.Right to appeal against determination of application

      12. 12.Time when conditions of permission take effect

      13. 13.Applications made electronically

      14. 14.Two or more applications

      15. 15.Interpretation

    10. SCHEDULE 10

      APPORTIONMENT AND RECOVERY OF COMPENSATION FOR DEPRECIATION

      1. 1.Introduction and key terms

      2. 2.Apportionment of compensation and determination of disputes

      3. 3.Notice of compensation

      4. 4.Development not to be carried out until compensation paid or secured

      5. 5.Amount recoverable by the Welsh Ministers in respect of compensation

      6. 6.Payment etc. of amount recoverable

      7. 7.Recovery of compensation from acquiring authority on compulsory acquisition or sale

      8. 8.Reimbursement of amount recovered to planning authority

    11. SCHEDULE 11

      COMPENSATION FOR CHANGES TO PLANNING PERMISSION FOR MINERALS DEVELOPMENT

      1. PART 1 COMPENSATION WHERE PLANNING PERMISSION IS WITHDRAWN, MODIFIED OR REVOKED

        1. 1.Compensation in respect of buildings, plant or machinery

        2. 2.Compensation where minerals permission is modified by order

      2. PART 2 COMPENSATION FOLLOWING PERIODIC REVIEW OF MINERALS PERMISSIONS

        1. 3.Compensation where working rights are restricted by new conditions of minerals permissions

      3. PART 3 INTERPRETATION

        1. 4.Meaning of references to restrictions on working rights

    12. SCHEDULE 12

      PURCHASE NOTICES

      1. PART 1 INTRODUCTORY

        1. 1.Circumstances in which land is usable or unusable

        2. 2.Interpretation

      2. PART 2 SERVICE OF PURCHASE NOTICE

        1. 3.Service of purchase notice in respect of Crown land

        2. 4.Further provision about service of purchase notice

      3. PART 3 ACTION FOLLOWING SERVICE OF PURCHASE NOTICE AND EFFECT OF NOTICE

        1. 5.Response to purchase notice by planning authority

        2. 6.Action to be taken by the Welsh Ministers on rejection of purchase notice by planning authority

        3. 7.No duty to confirm purchase notice relating to planning decision if land has restricted use

        4. 8.Procedure before the Welsh Ministers take action in relation to purchase notice

        5. 9.Effect of confirmation of purchase notice or failure to take action

        6. 10.Legal challenge to action taken by the Welsh Ministers in relation to purchase notice

        7. 11.No withdrawal of notice to treat deemed to have been served under this Part

        8. 12.Deduction of compensation for changes to planning permission

      4. PART 4 SEVERANCE OF AGRICULTURAL LAND: RIGHT TO REQUIRE PURCHASE OF REMAINDER

        1. 13.Service of counter-notice requiring purchase of remainder of agricultural unit

        2. 14.Effect of counter-notice

        3. 15.Acquisition and surrender of tenant’s interest under lease

    13. SCHEDULE 13

      COMMUNITY INFRASTRUCTURE LEVY: CHARGING SCHEDULES

      1. 1.Preparation of charging schedule: setting rates or other criteria

      2. 2.Preparation of charging schedule: methods of calculation

      3. 3.Preparation of charging schedule: when it applies

      4. 4.Preparation of charging schedule: consultation etc.

      5. 5.Preparation of charging schedule: evidence

      6. 6.Preparation of draft and appointment of examiner

      7. 7.Examination of charging schedule

      8. 8.Examiner’s recommendations

      9. 9.Approval of charging schedule

      10. 10.Publication and taking effect of charging schedule

      11. 11.Revising a charging schedule

      12. 12.Charging schedule ceasing to have effect

    14. SCHEDULE 14

      DISCONTINUANCE ORDERS

      1. PART 1 PROCEDURE FOR DISCONTINUANCE ORDERS MADE BY PLANNING AUTHORITIES

        1. 1.Requirement for confirmation by the Welsh Ministers

      2. PART 2 PROCEDURE FOR DISCONTINUANCE ORDERS MADE BY THE WELSH MINISTERS

        1. 2.Consultation and notification in connection with making order

      3. PART 3 DISCONTINUANCE ORDERS RELATING TO MINING OPERATIONS AND DEPOSITING OF WASTE

        1. 3.Power to include restoration condition and aftercare condition in discontinuance order

    15. SCHEDULE 15

      PROHIBITION ORDERS AND PROTECTION ORDERS

      1. PART 1 PROHIBITION ORDERS

        1. 1.Power to make prohibition order

        2. 2.Prohibition order made by planning authority: requirement for confirmation by the Welsh Ministers

        3. 3.Prohibition order made by the Welsh Ministers: consultation and notification in connection with making order

        4. 4.Effect of prohibition order on planning permission

      2. PART 2 PROTECTION ORDERS

        1. 5.Power to make protection order

        2. 6.Protection order made by planning authority: requirement for confirmation by the Welsh Ministers

        3. 7.Protection order made by the Welsh Ministers: consultation and notification in connection with making order

        4. 8.Registration of protection order as local land charge

        5. 9.Review of protection order

        6. 10.Resumption of operations or depositing after protection order takes effect

    16. SCHEDULE 16

      COMPENSATION FOR EFFECTS OF ORDERS RELATING TO MINERALS

      1. PART 1 COMPENSATION FOLLOWING MAKING OF DISCONTINUANCE ORDER

        1. 1.Compensation where discontinuance order relates to minerals

      2. PART 2 COMPENSATION FOLLOWING MAKING OF PROHIBITION ORDER OR PROTECTION ORDER

        1. 2.Compensation under section 211 following making of prohibition order

        2. 3.Compensation in other cases

        3. 4.Deduction from compensation under paragraph 3

    17. SCHEDULE 17

      ORDERS RELATING TO HIGHWAYS

      1. PART 1 PROCEDURE FOR ORDERS MADE BY THE WELSH MINISTERS

        1. 1.Application of this Part

        2. 2.Publication of notice of proposed order

        3. 3.Service and display of notice of proposed order

        4. 4.Consideration of objections and making of order

        5. 5.Certain orders to be subject to special Senedd procedure

        6. 6.Notice of making of order

        7. 7.Interpretation

      2. PART 2 PROCEDURE FOR ORDERS MADE BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES

        1. 8.Application of this Part

        2. 9.Duties of planning authority or local authority

        3. 10.Publication of notice of order

        4. 11.Service and display of notice of order

        5. 12.Confirmation of order as unopposed order

        6. 13.Consideration of objections

        7. 14.Decisions to be made by inspectors

        8. 15.Special provision about orders under section 293 affecting statutory undertakers

        9. 16.Notice of confirmation of order

        10. 17.Notice of decision not to confirm order

        11. 18.Notice that order has come into force

        12. 19.Power to make further provision about procedure

        13. 20.Interpretation

    18. SCHEDULE 18

      ORDERS RELATING TO STATUTORY UNDERTAKERS AND NETWORK OPERATORS

      1. PART 1 SUPPLEMENTARY PROVISION ABOUT ORDERS TO END RIGHTS OVER LAND ETC. OF STATUTORY UNDERTAKERS AND NETWORK OPERATORS

        1. 1.Supplementary provision about orders under section 315(3)

        2. 2.Supplementary provision about orders under section 315(4)

      2. PART 2 PROCEDURE FOR MAKING ORDERS TO EXTEND OR MODIFY STATUTORY UNDERTAKERS’ FUNCTIONS

        1. 3.Requirement to publicise a representation made under section 317(1)

        2. 4.Requirements for objection to making of order

        3. 5.Effect of objection being made to making of order

        4. 6.Procedure for approving order

      3. PART 3 PROCEDURE FOR MAKING ORDERS TO RELIEVE STATUTORY UNDERTAKERS OF IMPRACTICABLE OBLIGATIONS

        1. 7.Requirement to publicise a representation made under section 318(1)

        2. 8.Requirements for objection to making of order

        3. 9.Effect of objection being made to making of order

        4. 10.Procedure in Senedd Cymru or UK Parliament where objection is made

        5. 11.Publicising order once made

        6. 12.Date order takes effect

    19. SCHEDULE 19

      BLIGHTED LAND

      1. PART 1 CATEGORIES OF BLIGHTED LAND

        1. 1.Land allocated for public functions in plans etc.

        2. 2.(1) Land identified for the purposes of public functions by...

        3. 3.(1) Land indicated in an approved plan as land that...

        4. 4.Land in respect of which a planning authority—

        5. 5.New towns

        6. 6.Land within an area designated as the site of a...

        7. 7.Urban development areas

        8. 8.Clearance and renewal areas

        9. 9.Land that a local housing authority has determined to purchase...

        10. 10.Land indicated by information published under section 92 of the...

        11. 11.General improvement areas

        12. 12.Highways

        13. 13.(1) Land— (a) that is on or adjacent to the...

        14. 14.(1) Land shown on an approved plan as land consisting...

        15. 15.(1) Land consisting of the site of a highway that...

        16. 16.(1) Land shown on an approved plan as land that...

        17. 17.Land indicated in a written notice given by a relevant...

        18. 18.Compulsory purchase etc.

        19. 19.Land in respect of which— (a) a compulsory purchase order...

        20. 20.(1) Land in respect of which a compulsory purchase order...

        21. 21.Land— (a) the compulsory acquisition of which is authorised by...

        22. 22.Land that is the subject of a proposal that it...

        23. 23.Land— (a) the compulsory acquisition of which is authorised by...

        24. 24.Land that an application for infrastructure consent seeks authority to...

        25. 25.Land— (a) the compulsory acquisition of which is authorised by...

        26. 26.Land that an application for an order granting development consent...

        27. 27.Land the temporary possession of which is authorised under section...

        28. 28.Land identified in infrastructure policy statement

        29. 29.Land identified in national policy statement

      2. PART 2 MEANING OF “OWNER-OCCUPIER”, “RESIDENT OWNER-OCCUPIER” AND “ANNUAL VALUE”

        1. 30.Introduction

        2. 31.Owner-occupier of a hereditament

        3. 32.Resident owner-occupier of a hereditament

        4. 33.Owner-occupier of an agricultural unit

        5. 34.Interpretation of paragraphs 31 to 33

        6. 35.Annual value

      3. PART 3 MEANING OF “THE APPROPRIATE AUTHORITY”

        1. 36.Introduction

        2. 37.Appropriate authority: general

        3. 38.Appropriate authority: new towns

        4. 39.Appropriate authority: urban development areas

        5. 40.Appropriate authority: land identified in infrastructure policy statements

        6. 41.Appropriate authority: land identified in national policy statements

        7. 42.Appropriate authority: blight notice including claim in respect of unaffected area

        8. 43.Questions about appropriate authority

      4. PART 4 MEANING OF “THE APPROPRIATE ENACTMENT”

        1. 44.Introduction

        2. 45.Appropriate enactment: general

        3. 46.Appropriate enactment: development plans etc.

        4. 47.Appropriate enactment: new towns

        5. 48.Appropriate enactment: urban development areas

        6. 49.Appropriate enactment: clearance areas

        7. 50.Appropriate enactment: compulsory purchase etc.

        8. 51.(1) In relation to land falling within paragraph 23, “the...

        9. 52.(1) In relation to land falling within paragraph 25, “the...

        10. 53.In relation to land falling within paragraph 27, “the appropriate...

        11. 54.Appropriate enactment: land identified in infrastructure policy statements

        12. 55.Appropriate enactment: land identified in national policy statements

        13. 56.Appropriate enactment: highway purposes

        14. 57.Appropriate enactment: blight notice including claim in respect of unaffected area

        15. 58.Appropriate enactment: two or more enactments

        16. 59.Questions about appropriate enactment

    20. SCHEDULE 20

      DETERMINATION OF APPEALS BY INSPECTORS OR THE WELSH MINISTERS

      1. 1.Powers and duties of inspector

      2. 2.Local inquiry, hearing or written representations

      3. 3.Replacement of inspector

      4. 4.Direction that appeal is to be determined by the Welsh Ministers

      5. 5.Revocation of direction

      6. 6.Supplementary

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