The Town and Country Planning (General Permitted Development) (Amendment) Order 1996

Statutory Instruments

1996 No. 528

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

WALES

The Town and Country Planning (General Permitted Development) (Amendment) Order 1996

Made

6th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 59, 60, 61 and 333(7) of the Town and Country Planning Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation and commencement

1.  This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) Order 1996 and shall come into force on 1st April 1996.

Amendment of the Town and Country Planning (General Permitted Development) Order 1995

2.  The Town and Country Planning (General Permitted Development) Order 1995(2) shall be amended as follows—

(a) In article 1(2) (interpretation), in the definition of “site of archaeological interest” for “and known as the County Sites and Monuments Record;” substitute “in England or by a local planning authority in Wales and known in England as the County Sites and Monuments Record and in Wales as the Sites and Monuments Record for the local planning authority area;”;

(b) In article 1(4) (interpretation), after “counties” insert “in England and in specified areas in Wales”;

(c) In article 4(6)(a) (directions restricting permitted development), after “non-metropolitan county” insert “in England”;

(d) In Part 1 of Schedule 1 (article 1(4) land)—

(i) after “counties” insert “in England”;

(ii) omit “Dyfed,”“Gwynedd,” and “West Glamorgan,”; and

(iii) at the end add—

• “Land within the following areas in Wales—

• that part of the county borough of Aberconwy and Colwyn which was on 31st March 1996 within the former county of Gwynedd,

• the county of Anglesey,

• the county of Caernarfonshire and Merionethshire,

• the county of Cardiganshire,

• the county of Carmarthenshire,

• the county borough of Neath and Port Talbot,

• the county of Pembrokeshire,

• the county of Swansea.”;

(e) In Part 3 of Schedule 1 (article 1(6) land), for paragraph (b) substitute—

“(b) In Wales, land outside the boundaries of a National Park which is—

(i) within the communities listed below—

• in the county borough of Aberconwy and Colwyn—

  • Caerhun, Dolgarrog;

• in the county of Caernarfonshire and Merionethshire—

  • Arthog, Betws Garmon, Bontnewydd, Corris, Llanberis, Llanddeiniolen, Llandwrog, Llanfrothen, Llanllyfni, Llanwnda, Penrhyndeudraeth, Waunfawr; or

(ii) within the specified parts of the communities listed below—

• in the county borough of Aberconwy and Colwyn—

  • those parts of the following communities which were on 31st March 1974 within the former rural district of Nant Conway—

  • Conwy, Henryd, Llanddoged and Maenan, and Llanrwst;

  • that part of the community of Llangwm which was on 31st March 1974 within the former rural district of Penllyn;

• in the county of Caernarfonshire and Merionethshire:

  • those parts of the following communities which were on 31st March 1974 within the former rural district of Gwyrfai—

  • Caernarfon, Clynnog, Dolbenmaen, Llandygai, Llanaelhaearn, Llanrug, Pentir, Y Felinheli;

  • that part of the community of Talsarnau which was on 31st March 1974 within the former rural district of Deudraeth;

  • that part of the community of Barmouth which was on 31st March 1974 within the former rural district of Dolgellau;

  • that part of the community of Llandderfel which was on 31st March 1974 within the former rural district of Penllyn;

• in the county of Denbighshire, that part of the community of Llandrillo which was on 31st March 1974 within the former rural district of Penllyn.”;

(f) In paragraph A.3 of Class A in Part 11 of Schedule 2 (development under local or private acts or orders)—

(i) in paragraph (b) after “National Park” insert “in England”;

(ii) in paragraph (c) after “case” insert “in England”;

(iii) at the end add—

“(d) in Wales, the local planning authority.”;

(g) In paragraph F.2(c) of Class F in Part 17 of Schedule 2 (gas suppliers—conditions)—

(i) in sub-paragraph (ii) after “National Park” insert “in England”;

(ii) in sub-paragraph (iii) after “case” insert “in England”;

(iii) at the end add—

“(iv) in Wales, the local planning authority.”;

(h) In paragraph G.2(d) of Class G in Part 17 of Schedule 2 (electricity undertakings—conditions)—

(i) in sub-paragraph (ii) after “National Park” insert “in England”;

(ii) in sub-paragraph (iii) after “case” insert “in England”;

(iii) at the end add—

“(iv) in Wales, the local planning authority.”.

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

6th March 1996

Explanatory Note

(This note is not part of the Order)

The Local Government (Wales) Act 1994 creates unitary authorities in Wales which will carry out the functions of the existing district and county councils as from 1st April 1996. As a consequence of this the distinction between county planning authorities and district planning authorities will no longer be relevant in Wales.

This Order makes amendments to the Town and Country Planning (General Permitted Development) Order 1995 in consequence of the local government changes in Wales, and the fact that there will no longer be county and district planning authorities in Wales. Additionally, corrections are made to the descriptions of the areas of land in Wales which are specified in Part 3 of Schedule 1 to the 1995 Order, in that the references to the communities of Llansanffraid Glan Conwy, Porthmadog, Ffestiniog and Mawddwy have not been repeated.

(1)

1990 c. 8.

(2)

S.I. 1995/418.