Explanatory Notes

Planning (Wales) Act 2015


6 July 2015

Commentary on Sections

Part 6 Development Management etc

Section 37 – Consultation etc. in respect of certain applications relating to planning permission

142.The provision inserts section 100A into the TCPA 1990. It makes provision for consultation in respect of:


applications for approval of reserved matters;


applications for any other consent, agreement or approval required by any conditions or limitation subject to which planning permission has been granted; and


applications for non-material changes to planning permission.

143.This section provides that where a local planning authority decide to consult a statutory consultee who was consulted on the original application, the authority cannot determine that application before the end of the period prescribed in a development order. Those consulted must give a substantive response within that period and report to the Welsh Ministers on their compliance with this duty.

144.It also enables the Welsh Ministers, by development order, to specify:


the information to be provided by the local planning authority in respect of the consultation,


the requirements of a substantive response; and


the form and contents of the compliance report.