2006 No. 3390 (W.310)
TOWN AND COUNTRY PLANNING, WALES

The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2006

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by sections 59, 61(1), 62 and 69 of the Town and Country Planning Act 19901 and which are now exercisable by the National Assembly for Wales2, makes the following Order:

Title, commencement and application1.

(1)

The title of this Order is the Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2006.

(2)

This Order comes into force on 30 June 2007.

(3)

This Order applies in relation to Wales.

Amendment of the Town and Country Planning (General Development Procedure) Order 19952.

The Town and Country Planning (General Development Procedure) Order 19953 is amended in accordance with article 3 of this Order.

Amendments relating to access statements3.

(1)

After article 4C (design and access statements) insert—

“Access statements:Wales4D.

(1)

This article applies to an application for planning permission which is not an application for planning permission for—

(a)

engineering or mineral operations;

(b)

development of an existing dwelling-house, or development within the curtilage of such a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such; or

(c)

a material change in the use of land or buildings provided that the new use:

(i)

will not necessitate access by an employee, or

(ii)

does not involve the provision of services to the public or to a section of the public, with or without payment.

(2)

For the purposes of paragraph (1)(c)(ii) “the provision of services” includes the provision of any goods or facilities.

(3)

An application for planning permission to which this article applies must be accompanied by a statement (“an access statement”) explaining how issues relating to access to the development have been dealt with.

(4)

An access statement must explain—

(a)

the policy or approach adopted as to access and how policies relating to access in the development plan4 have been taken into account;

(b)

how any specific issues which might affect access to the development have been addressed; and

(c)

how features which ensure access to the development will be maintained.”

(2)

In paragraph (4)(a) of article 25 (register of applications), after “thereto” insert “and of any accompanying access statement provided in accordance with article 4D”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19985
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Order)

The Town and Country Planning (General Development Procedure) Order 1995 (S.I.1995/419) (“the 1995 Order”) specifies the procedures connected with planning applications, appeals to the National Assembly for Wales and related matters so far as these are not laid down in the Town and Country Planning Act 1990 or related legislation.

This Order inserts article 4D into the 1995 Order. The new article 4D applies in relation to Wales and makes provision for access statements which are required to accompany certain applications for planning permission.