The Developments of National Significance (Application of Enactments) (Wales) Order 2016

Welsh Statutory Instruments

2016 No. 54 (W. 24)

Town And Country Planning, Wales

The Developments of National Significance (Application of Enactments) (Wales) Order 2016

Made

27 January 2016

Laid before the National Assembly for Wales

1 February 2016

Coming into force

1 March 2016

The Welsh Ministers, in exercise of the powers conferred on them by section 75A of the Town and Country Planning Act 1990(1), make the following Order:

PART 1 E+W Preliminary

Title and commencement E+W

1.  The title of this Order is the Developments of National Significance (Application of Enactments) (Wales) Order 2016 and it comes into force on 1 March 2016.

Commencement Information

I1 Art. 1 in force at 1.3.2016, see art. 1

Interpretation E+W

2.  In this Order “the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990.

Commencement Information

I2 Art. 2 in force at 1.3.2016, see art. 1

Application of the 1990 Act to applications for planning permission made in respect of nationally significant development E+W

3.—(1) The following provisions of the 1990 Act apply to applications made to the Welsh Ministers under section 62D of that Act(2) with modifications so that references to local planning authorities are treated as references to the Welsh Ministers—

(a) section 62(1);

(b) section 62(3);

(c) section 65(5);

(d) section 70(1);

(e) section 70(2)(3);

(f) section 70A(1)(4);

(g) section 70A(2);

(h) section 71(1)(5);

(i) section 71(2);

(j) section 72(1);

(k) section 73(2);

(l) section 73A(1)(6); and

(m) section 327A(2)(7).

(2) Where any other provision of the 1990 Act refers to a provision modified by this Order, the reference is to be read in relation to an application under section 62D of that Act as a reference to the provision as modified.

Commencement Information

I3 Art. 3 in force at 1.3.2016, see art. 1

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

27 January 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order applies various enactments to applications made to the Welsh Ministers for planning permission for development which is of national significance.

The Order also modifies those enactments, where appropriate to do so.

An impact assessment has been prepared in relation to this Order. Copies are available from the Planning Division of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.wales.gov.uk.

(1)

1990 c. 8; Section 75A was inserted by section 27 of, and paragraph 7 of Schedule 4 to, the Planning (Wales) Act 2015 (anaw 4).

(2)

Section 62D was inserted by section 19 of the Planning (Wales) Act 2015.

(3)

There are amendments to section 70(2) not relevant to this Order.

(4)

Section 70A was inserted by section 17(1) of the Planning and Compensation Act 1991 (c. 34). There are amendments to section 70A not relevant to this Order.

(5)

Section 71(1) and (2) were substituted by section 16(2) of the Planning and Compensation Act 1991.

(6)

Section 73A was inserted by section 32 of, and paragraph 16 of Schedule 7 to, the Planning and Compensation Act 1991.

(7)

Section 327A was inserted by section 42(5) of the Planning and Compulsory Purchase Act 2004 (c. 5).