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Planning (Wales) Act 2026
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Planning (Wales) Act 2026, Section 44 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 44:
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
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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
44Power of the Welsh Ministers to grant permission by development orderE+W
This section has no associated Explanatory Notes
(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.
Commencement Information
I1S. 44 not in force at Royal Assent, see s. 409(2)
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