2Overview of this Act(1)

This section gives an overview of this Act.

(2)

Chapters 2 and 3 of this Part make provision about the meaning in this Act of “development” and related terms, and of references to the planning authority for an area.

(3)

Part 2 makes provision about the documents that form the development plan for areas in Wales, which are—

(a)

the National Development Framework for Wales,

(b)

strategic development plans prepared by corporate joint committees, and

(c)

local development plans prepared by planning authorities.

(4)

Part 3 requires the development of land in Wales to be authorised by planning permission, and makes provision about the grant and effect of planning permission and about making changes to planning permission. Section 42 provides a more detailed overview of that Part.

(5)

Part 4 confers on planning authorities and the Welsh Ministers powers to enforce the requirement for development to be authorised by planning permission, including powers to obtain information and enter land, and to issue temporary stop notices, enforcement notices and stop notices.

(6)

Part 5 provides for the issue of certificates (referred to as “certificates of lawfulness”) confirming that existing or proposed uses of land or operations on land are lawful in the sense that no enforcement action may be taken in respect of them under this Act.

(7)

In Part 6—

(a)

Chapter 1 provides for persons interested in land to enter into obligations (referred to as “planning obligations”) relating to the use of the land or requiring payments to a planning authority, and provides for the enforcement, modification and discharge of planning obligations;

(b)

Chapter 2 enables the Welsh Ministers to make regulations about the imposition on owners or developers of land of a charge in respect of chargeable development (referred to as “the community infrastructure levy”), to be used for funding infrastructure in order to support development.

(8)

In Part 7—

(a)

Chapter 1 confers on planning authorities and the Welsh Ministers powers to make orders (referred to as “discontinuance orders”) which, among other things, may require a use of land to be discontinued or make its use subject to conditions; it also confers powers to make prohibition orders and protection orders in relation to land that has been used for carrying out mining operations or depositing mineral waste;

(b)

Chapter 2 confers on planning authorities powers to issue notices (referred to as “maintenance of land notices”) requiring remedial steps where the condition of land is adversely affecting the amenity of an area, and provides for appeals and the enforcement of the steps required by notices.

(9)

Part 8 enables the Welsh Ministers to make regulations to restrict or regulate the use of land in Wales for the display of advertisements, and provides for the enforcement of the regulations.

(10)

Part 9 makes provision for the preservation of trees and confers on planning authorities and the Welsh Ministers powers to make orders (referred to as “tree preservation orders” and “woodland preservation orders”) for that purpose. Provision is also made for a requirement to replace trees and for the enforcement of the Part’s requirements.

(11)

Part 10 makes provision in connection with—

(a)

the acquisition, appropriation, disposal, development and use of land for planning and other purposes by local authorities and the Welsh Ministers, and

(b)

the development and use of commons, open spaces, allotments, burial grounds, consecrated land and other land connected to religious worship where land has been acquired by a local authority, a government department (which includes the Welsh Ministers and a Minister of the Crown) or a statutory undertaker.

(12)

In Part 11—

(a)

Chapter 1 enables the Welsh Ministers and planning authorities to authorise highways to be stopped up or diverted to enable development to be carried out;

(b)

Chapter 2 enables the Welsh Ministers and local authorities to extinguish public rights of way over land acquired or appropriated for planning purposes.

(13)

Part 12 makes provision about this Act’s application to statutory undertakers and their operational land, and about the rights and functions of statutory undertakers and electronic communications code network operators following certain types of acquisitions and appropriations.

(14)

Part 13 enables a person with an interest in land described in Schedule 19 (referred to as “blighted land”) to require an appropriate authority to purchase that interest and includes provision about conditions to be met and procedures to be followed.

(15)

Part 14 makes provision in connection with the exercise of functions under this Act, including—

(a)

provision about arrangements for the exercise of functions by planning authorities and about the procedure for applications and appeals to the Welsh Ministers;

(b)

provision for challenges to the validity of plans, orders and decisions and for the correction of decisions made by the Welsh Ministers.

(16)

Part 15 makes general provision for the purposes of this Act, including provision conferring powers to obtain information and enter land and general provision about serving documents and claiming compensation.