The Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006

Town and Country Planning (General Development Procedure) Order 1995

4.—(1) The Town and Country Planning (General Development Procedure) Order 1995(1)is amended as follows.

(2) For article 4A (applications in respect of Crown land) substitute–

“Applications in respect of Crown land

4A.— (1) An application for planning permission in respect of Crown land must be accompanied by–

(a) a statement that the application is made in respect of Crown land; and

(b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.”.

(3) In article 8 (publicity for applications for planning permission) after paragraph (7) insert–

“(7A) This article applies to applications made to the Secretary of State under section 293A of the Act (urgent Crown development) as if the references to a local planning authority were references to the Secretary of State.”.

(4) After article 10 (consultations before the grant of planning permission) insert–

“Consultations before the grant of planning permission: urgent Crown development

10A.— (1) Article 10 applies in relation to applications made to the Secretary of State under section 293A of the Act with the following modifications.

(2) For paragraphs (1), (1A), and (1B) substitute–

“(1) Before granting planning permission for development which, in the opinion of the Secretary of State, falls within a category set out in the table below, the Secretary of State must consult the authority or person mentioned in relation to that category, except where–

(a) the authority or person so mentioned has advised the Secretary of State that they do not wish to be consulted; or

(b) the development is subject to any standing advice provided by the authority or person so mentioned to the Secretary of State in relation to the category of development.

(1A) The exception in paragraph (1)(a) will not apply where, in the opinion of the Secretary of State, development falls within paragraph (zb) of the table below.

(1B) The exception in paragraph (1)(b) will not apply where–

(a) the development is an EIA development; or

(b) the standing advice was issued more than two years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority or person within that period.”.

(3) In the table after paragraph (b) insert–

“(ba)

Development likely to affect land in the area of a community council 9

The community council”

(4) Omit paragraph (3).

(5) In paragraph (4)–

(a) for “a local planning authority are”substitute “the Secretary of State is”;

(b) in sub-paragraph (a) for “they shall”substitute “it must”.

(6) In paragraph (5) for “local planning authority” substitute “Secretary of State”.”.

(5) In article 19(3) (representations to be taken into account) for “of the Act (reference of applications to the Secretary of State)” substitute “(reference of applications to the Secretary of State) and section 293A(2) (applications for urgent Crown development) of the Act”.

(6) In article 25 (register of applications)–

(a) in paragraph (4)(d) after “whether on appeal”insert “, on an application under section 293A(2) of the Act (applications for urgent Crown development)”;

(b) in paragraph (9) for “Every”substitute “Subject to paragraph (9A), every”; and

(c) after paragraph (9) insert–

“(9A) A copy of any application made under section 293A(2) of the Act (applications for urgent Crown development) and of any plans and drawings submitted in relation to it must be placed on the register within 14 days of the date on which the local planning authority is consulted on the application by the Secretary of State.”.

(7) In Part 1 of Schedule 2 (notices under articles 6 and 9)–

(a) in the first notice–

(i) for “Council”substitute “[Council] [National Assembly for Wales]†” in each place where the word occurs; and

(ii) in note (05) after “Council”insert “or the National Assembly for Wales as appropriate”;

(b) in the second notice–

(i) for “Council”substitute “[Council] [National Assembly for Wales]†” in each place where the word occurs; and

(ii) in note (g) after “Council”insert “or the National Assembly for Wales as appropriate”.

(1)

S.I. 1995/419 amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 233 and by S.I. 1995/1139, 1996/396, 1996/593, 1996/1817, 1997/858, 1999/293, 1999/981, 2002/1877 (W. 186) and 2004/1434 (W.147).