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Planning (Wales) Act 2026
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This version of this provision is prospective.
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Changes to legislation:
Planning (Wales) Act 2026, Section 405 is up to date with all changes known to be in force on or before 10 August 2026. 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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Changes and effects yet to be applied to Section 405:
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Prospective
405Development by, and land of, planning authorities and the Welsh MinistersE+W
This section has no associated Explanatory Notes
(1)Regulations may make provision about the application of the provisions mentioned in subsection (2) in relation to—
(a)the development of land in the area of a planning authority by the planning authority or the Welsh Ministers (whether alone or jointly with any other person);
(b)land in the area of a planning authority in which the planning authority or the Welsh Ministers have an interest.
(2)The provisions are any of the provisions of—
(a)Part 3 (planning permission) except Chapter 8 (development with government authorisation);
(b)Chapter 1 of Part 6 (planning obligations);
(c)Chapter 1 of Part 7 (discontinuance orders, prohibition orders and protection orders);
(d)Part 9 (preservation of trees and woodlands).
(3)Regulations under this section may—
(a)provide for any of those provisions to apply subject to exceptions or modifications, or not to apply, in relation to development mentioned in subsection (1)(a) or land mentioned in subsection (1)(b);
(b)make new provision about any matter dealt with in any of those provisions.
(4)The regulations may, in particular, provide—
(a)for an application for a relevant consent to be made to, or determined by, the planning authority or the Welsh Ministers;
(b)for the procedure to be followed in connection with an application for a relevant consent.
(5)If the regulations provide for an application to be determined by the planning authority, they may regulate the authority’s arrangements for the exercise of its functions in relation to the application, despite any provision made by or under sections 361 to 363 or by section 101 of the Local Government Act.
(6)The regulations may, in relation to an application relating to development by a planning authority or relating to land in which a planning authority has an interest—
(a)provide for any provision made by regulations under section 58 or 63 to apply subject to exceptions or modifications, or
(b)make corresponding provision.
(7)In subsection (4) “relevant consent” means—
(a)planning permission for development mentioned in subsection (1)(a);
(b)planning permission to develop land mentioned in subsection (1)(b);
(c)any other consent, agreement or approval that is required in respect of development mentioned in subsection (1)(a) or land mentioned in subsection (1)(b).
Commencement Information
I1S. 405 not in force at Royal Assent, see s. 409(2)
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