Planning (Wales) Act 2026

Prospective

CHAPTER 3 E+W PLANNING AUTHORITIES

7 The planning authority for an area E+W

(1) The planning authority for an area in Wales is the county council or county borough council for the area.

(2) But—

(a) a National Park authority for a National Park in Wales is the planning authority for the area of the Park;

(b) a joint planning board established under section 8 is the planning authority for its joint planning area.

(3) Subsection (2)(a) applies to a National Park authority from the time specified in the order under section 63 of the Environment Act 1995 (c. 25) establishing the authority.

(4) Subsection (2)(b) applies to a joint planning board from the time specified in the regulations under section 8 establishing the board.

Commencement Information

I1 S. 7 not in force at Royal Assent, see s. 409(2)

8 Power to designate joint planning area and establish joint planning board E+W

(1) Regulations may—

(a) designate two or more areas, each of which is the whole or part of a county or county borough in Wales, as a joint planning area, and

(b) establish a joint board (to be known as a “joint planning board”) for the joint planning area.

(2) The Welsh Ministers may not make regulations under this section unless either—

(a) they have caused a local inquiry to be held, or

(b) all the constituent councils have agreed.

(3) A joint planning board is a body corporate.

(4) A joint planning board consists of members appointed by the constituent councils.

(5) The regulations establishing the board must determine the number of members.

(6) Regulations under this section may—

(a) regulate the appointment, tenure of office and vacation of office of members of a joint planning board;

(b) regulate the meetings and proceedings of the board;

(c) provide for the payment of the board’s costs by the constituent councils;

(d) apply to the board (with or without modifications) any enactment relating to the constitution, functions or financial arrangements (including audit) of local authorities of any description;

(e) make any other provision that the Welsh Ministers think appropriate in connection with the exercise of the board’s functions.

(7) Regulations under this section may also—

(a) provide for the transfer of property, rights and liabilities (including rights and liabilities relating to contracts of employment);

(b) provide for the adjustment of accounts and apportionment of liabilities.

(8) The “constituent councils” of a joint planning board are each county council or county borough council all or part of whose area is included in the board’s joint planning area.

Commencement Information

I2 S. 8 not in force at Royal Assent, see s. 409(2)

9 Joint planning areas and National Parks E+W

(1) A joint planning area may not include any part of a National Park for which there is a National Park authority, but this is subject to any regulations made under this section.

(2) Regulations may make provision for and in connection with enabling—

(a) an area that includes all or part of a National Park for which there is a National Park authority to be designated as a joint planning area, and

(b) a joint planning board to be established as the planning authority for such a joint planning area for the purposes of this Act (except Part 2) and the Historic Environment Act.

(3) The regulations may also make provision about whether the functions of a planning authority under the Hazardous Substances Act are to be exercisable, in relation to any part of a National Park included in a joint planning area, by the joint planning board or by the National Park authority.

(4) Regulations under this section may provide for a function to be exercisable by or in relation to another person instead of, or as well as, a person by or in relation to whom the function would otherwise be exercisable.

(5) Regulations under this section may amend or otherwise modify—

(a) any enactment contained in, or made under, the Welsh planning Acts;

(b) any other enactment relating to functions exercisable by or in relation to planning authorities;

(c) any enactment relating to National Parks or to functions exercisable by or in relation to National Park authorities.

Commencement Information

I3 S. 9 not in force at Royal Assent, see s. 409(2)