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- Original (As made) - Welsh
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3.—(1) After article 4C (design and access statements) insert—
4D.—(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 plan(1) 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”.
See section 38(4) of the Planning and Compulsory Purchase Act 2004 (c. 5) for the meaning of “development plan” and the transitional provisions and savings in article 3 of the Planning and Compulsory Purchase Act 2004 (Commencement No 6, Transitional Provisions and Savings) Order 2005 (S.I. 2005/2847) (C.118).
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