The Planning (Wales) Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2016

Transitional provisions

17.—(1) The amendments made by those paragraphs of Schedule 5 to the 2015 Act listed in article 4 do not apply to proceedings instituted before 1 March 2016.

(2) For the purposes of paragraph (1) “instituted” (“a gychwynnir”) means—

(a) in relation to section 121 of the Highways Act 1980, the question of whether the withholding of a consent is unreasonable or whether any requirement is reasonable falls to be determined by the Welsh Ministers;

(b) in relation to section 28F of the Wildlife and Countryside Act 1981, an appeal reaches the Welsh Ministers;

(c) in relation to section 28L of the Wildlife and Countryside Act 1981, an appeal is made under section 28L(1);

(d) in relation to Schedule 15 of the Wildlife and Countryside Act 1981, an order is submitted to the Welsh Ministers for confirmation under paragraph 7 of that Schedule;

(e) in relation to section 175 of the 1990 Act, written notice of appeal under section 174 of the 1990 Act is given;

(f) in relation to section 196 of the 1990 Act, notice of appeal under section 195 of the 1990 Act is served;

(g) in relation to section 208 of the 1990 Act, written notice of appeal is given or sent;

(h) in relation to section 320 of the 1990 Act, a local inquiry is caused to be held;

(i) in relation to proceedings to which section 322 of the 1990 Act applies or would but for paragraph 13 of Schedule 5 to the 2015 Act have applied, the application or reference is made or notice of appeal is given;

(j) in relation to proceedings to which section 322A of the 1990 Act applies or would but for paragraph 14 of Schedule 5 to the 2015 Act have applied, the Welsh Ministers are required to make arrangements for a hearing or inquiry to be held or arrangements are made for a hearing or inquiry in accordance with section 319B of the 1990 Act;

(k) in relation to an appeal under the 1990 Act to which Schedule 6 of that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry;

(l) in relation to Schedule 8 to the 1990 Act, a reference to the Planning Inquiry Commission is made by the Welsh Ministers;

(m) in relation to section 41 of the Planning (Listed Buildings and Conservation Areas) Act 1990, notice of appeal under section 39 of that Act is given;

(n) in relation to an appeal under the Planning (Listed Buildings and Conservation Areas) Act 1990 to which Schedule 3 to that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry;

(o) in relation to section 25 of the Planning (Hazardous Substances) Act 1990, an appeal is made under that section; and

(p) in relation to an appeal under the Planning (Hazardous Substances) Act 1990 to which the Schedule to that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry.