The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016

Amendments relating to design and access statements

9.—(1) For article 7 substitute—

“7.— (1) Subject to paragraph (2), paragraph (3) applies to an application for planning permission—

(a) for major development;

(b) where any part of the development is in a designated area, for development consisting of—

(i) the provision of one or more dwellinghouses; or

(ii) the provision of a building or buildings where the floor space created by the development is 100 square metres or more.

(2) Paragraph (3) does not apply to—

(a) a section 73 application;

(b) an application for planning permission—

(i) for mining operations;

(ii) for a material change in use of the land or buildings; or

(iii) for waste development.

(3) An application for planning permission to which this paragraph applies must be accompanied by a statement (“a design and access statement”) which complies with paragraph (4).

(4) A design and access statement must—

(a) explain the design principles and concepts that have been applied to the development;

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account;

(c) explain the policy or approach adopted as to access, and how policies relating to access in the development plan have been taken into account; and

(d) explain how any specific issues which might affect access to the development have been addressed.

(5) In paragraph (1) “designated area” (“ardal ddynodedig”) means—

(a) a conservation area(1); or

(b) a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and National Heritage (a World Heritage Site)(2).”

(2) In article 8(1)(c) omit “or the access statement as the case may be”.

(3) In article 22(3)(c) omit “or the access statement as the case may be”.

(1)

“Conservation area” is defined in section 91 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) as an area designated under section 69 of that Act.

(2)

See http:/whc.unesco.org/en/list