The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (“the Order”).

Article 3 amends article 2 of the Order (interpretation) by inserting definitions of the terms “householder application” and “minor commercial application”.

Article 4 inserts a provision into the Order which has the effect of bringing internal operations of a certain size and description within planning control.

Article 5 amends article 12 of the Order (publicity for applications for planning permission) by inserting provision which ensures that where the local planning authority maintain a website for the purpose of publicising applications for planning permission, information is published stating that in the event of an appeal relating to a householder application or a minor commercial application, the representations that are made at the application stage will be passed to the Welsh Ministers and there will be no opportunity to make further representations.

Article 6 amends article 14(4)(b) of the Order by extending the minimum period which must elapse before a determination is made on a planning application from 14 days to 21 days.

Article 7 inserts provisions into the Order prescribing the consultation requirement that will attract the duty to respond to consultation imposed by section 54 of the Planning and Compulsory Purchase Act 2004.

The timeframe within which a substantive response must be provided, the information that must be included in the response and provision imposing a duty to report on compliance with the requirements is also prescribed in article 7.

Article 8 amends article 26 of the Order (appeals). A twelve week time limit to lodge a householder appeal or a minor commercial appeal is introduced and the six month time limit for lodging an appeal against the non determination of an application for planning permission is removed. In addition, the documentation that is required to be served with a householder appeal or minor commercial appeal is prescribed and the terms “householder appeal” and “minor commercial appeal” are defined.

Article 9 inserts new provision into the Order which prescribes an additional period of four weeks for the purposes of section 78A of the Town and Country Planning Act 1990.

Section 78A was inserted by section 50(1) of the Planning and Compulsory Purchase Act 2004. It provides that the local planning authority may determine an application for planning permission during the additional period even though an appeal has been made to the Welsh Ministers.

Article 10 amends the definition of an application for planning permission that can be treated as finally disposed of for the purposes of article 29 (register of applications and local development orders) of the Order. These changes reflect the changes made to the Order which remove the time limit for lodging non determination appeals.

Article 11 makes amendments to various notices in the Schedules to the Order. The amendments make clear that in the event that an appeal proceeds by way of the new expedited procedure, any representations made at the application stage will be passed to the Welsh Ministers and there will be no opportunity to make further representations.

Article 12 sets out the transitional and savings provisions.

The amendments made by articles 3, 5 and 11 of this Order and the amendments made by article 8 which relate to householder appeals and minor commercial appeals are part of a package of subordinate legislation introducing an expedited written representations procedure for such appeals.

The expedited written representations procedure for householder appeals and minor commercial appeals is introduced by the Town and Country Planning (Referrals and Appeals) (Written Representation Procedure) (Wales) Regulations 2015.

Similar amendments to those in articles 8 and 9 removing the time limit for lodging appeals against non determination of applications and prescribing the additional period of four weeks for the purposes of section 20A of the Planning (Listed Buildings and Conservation Areas) Act 1990 are being made to the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012.

The Regulatory Impact Assessment applicable to this Order is obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.wales.gov.uk.