PART 3PLANNING PERMISSION
CHAPTER 2PLANNING PERMISSION GRANTED BY ORDER
44Power of the Welsh Ministers to grant permission by development order
(1)
The Welsh Ministers may by order (a “development order”) grant planning permission for—
(a)
specified development;
(b)
development of a specified description.
(2)
A development order may make provision in relation to—
(a)
all land in Wales (subject to any specified exceptions);
(b)
land in Wales of a specified description;
(c)
specified land in Wales.
(3)
A development order may grant planning permission subject to specified conditions or limitations.
(4)
Where a development order grants planning permission for the erection of a building, a condition may (for example) require the approval of the planning authority to be obtained for the design or external appearance of the building.
(5)
Where a development order grants planning permission for development of a specified description, it may enable the Welsh Ministers or the planning authority to direct that the permission does not apply to—
(a)
development in a particular area, or
(b)
a particular development.
(6)
Subsection (7) applies where a development order grants planning permission for the use of land for any purpose (whether or not specified in the order) on a limited number of days in a specified period.
(7)
The order is to be treated as granting planning permission subject to the limitation that the land must not be used for any one purpose in reliance on the permission on more than that number of days in that period.
(8)
A development order may—
(a)
make different provision for different purposes and for different areas;
(b)
make incidental, supplementary, consequential, transitional or saving provision.
(9)
A development order must be made by Welsh statutory instrument and is subject to the Senedd annulment procedure.
(10)
For further provision about the planning permission that may be granted by a development order in connection with proposals for the development of an urban development area or a new town, see section 148 of the Local Government, Planning and Land Act 1980 (c. 65) and section 7 of the New Towns Act 1981 (c. 64).
(11)
In this section—
“the planning authority” (“yr awdurdod cynllunio”) means the planning authority in whose area the development is or would be carried out;
“specified” (“penodedig”) means specified in the development order.
(12)
Subsection (7) does not limit the meaning of references to limitations in this Act.
45Power of planning authority to grant permission by local development order
(1)
A planning authority may by order (a “local development order”) grant planning permission for—
(a)
specified development;
(b)
development of a specified description.
(2)
A local development order may relate to—
(a)
all land in the authority’s area;
(b)
land in a specified part of the authority’s area;
(c)
specified land in the authority’s area.
(3)
A local development order may grant planning permission subject to specified conditions or limitations.
(4)
Where a local development order grants planning permission for development of a specified description, it may enable the planning authority to direct that the permission does not apply to—
(a)
development in a particular area, or
(b)
a particular development.
(5)
A local development order may make different provision for different purposes and for different areas.
(6)
Regulations may specify an area or description of development in respect of which a local development order must not be made.
(7)
A local development order has effect only so far as it is adopted by a resolution of the planning authority that prepared it.
(8)
Schedule 1 makes further provision about local development orders (including provision for their preparation, revision and revocation).
(9)
In subsections (1) to (4) “specified” means specified in the local development order.
46Completion of development after withdrawal of permission granted by order
(1)
A development order or local development order may permit the completion of development if—
(a)
the order grants planning permission for the development, and
(b)
the planning permission is withdrawn after the development starts but before it is completed.
(2)
For the purposes of this section, the planning permission is withdrawn if—
(a)
a direction given in the exercise of a power conferred by the order under section 44(5) or 45(4) takes effect in relation to the development;
(b)
the order is amended or revised—
(i)
so that it ceases to grant planning permission for the development, or
(ii)
so as to materially change any condition or limitation to which the permission is subject;
(c)
the order is revoked.