The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015

Interpretation E+W

2.—(1) In these Regulations—

“the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990;

“the 1989 Regulations” (“Rheoliadau 1989”) means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989(1);

“the 1992 Regulations” (“Rheoliadau 1992”) means the Town and Country Planning (Control of Advertisements) Regulations 1992(2);

[F1 “the 2016 Regulations” (“Rheoliadau 2016”) means the Town and Country Planning (Pre-Application Services) (Wales) Regulations 2016;]

“the Development Management Procedure Order” (“y Gorchymyn Gweithdrefn Rheoli Datblygu”) means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012(3);

“the General Permitted Development Order” (“y Gorchymyn Datblygu Cyffredinol a Ganiateir”) means the Town and Country Planning (General Permitted Development) Order 1995(4);

“dwellinghouse” (“tŷ annedd”) means a building(5) which is used as a single private dwellinghouse and for no other purpose;

[F2 “fee document” (“dogfen ffioedd”) means the fee document referred to in regulation 2ZA(2);]

“glasshouse” (“tŷ gwydr”) means a building which—

(a)

has not less than three-quarters of its total external area comprised of glass or other translucent material;

(b)

is designed for the production of flowers, fruit, vegetables, herbs or other horticultural produce; and

(c)

is used, or is to be used, solely for the purposes of agriculture;

“landfill permission” (“caniatâd tirlenwi”) means any planning permission for—

(a)

the operational development of land designed to be used wholly or mainly for the purpose of, or

(b)

any material change of use to,

a waste disposal site for the deposit of waste onto or into the land;

“landfill site” (“safle tirlenwi”) means the land to which a landfill permission relates;

“mineral permission” (“caniatâd mwynau”) means any planning permission for development consisting of—

(a)

the winning and working of minerals; or

(b)

the depositing of mineral waste;

“mining site” (“safle mwyngloddio”) means—

(a)

the total area of the land to which any two or more mineral permissions relate where the total area of the land—

(i)

is worked as a single site; or

(ii)

is treated as a single site by the local planning authority for the purposes of Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions)(6) or Schedule 14 to that Act (periodic review of mineral planning permissions)(7); and

(b)

in any other case, the land to which a mineral permission relates;

“outline planning permission” (“caniatâd cynllunio amlinellol”) has the same meaning as in article 2(1) of the Development Management Procedure Order;

“site visit” (“ymweliad safle”) means entry by a local planning authority on to a mining site or landfill site—

(a)

to ascertain whether there is or has been any breach of planning control on the site;

(b)

to determine whether any of the powers conferred on the local planning authority by Part 7 of the 1990 Act (enforcement)(8) should be exercised in relation to the site;

(c)

to determine how any such power should be exercised in relation to the site; or

(d)

to ascertain whether there has been any compliance with any requirement imposed as a result of any such power having been exercised in relation to the site;

“use of land” (“defnydd o dir”) includes use of land for the winning and working of minerals;

[F1 “waste development” (“datblygiad gwastraff”) has the same meaning as in article 2(1) of the Development Management Procedure Order.]

(2) Expressions used in regulation 12 and Schedule 2 have the meaning which they bear in the 1992 Regulations.

(3) In these Regulations references to a local planning authority are references to a local planning authority in Wales.

Textual Amendments

F1 Words in reg. 2 inserted (16.3.2016) by The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2016 (S.I. 2016/62), regs. 1(1), 2(3)

F2 Words in reg. 2(1) inserted (20.10.2025) by The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2025 (S.I. 2025/1095), regs. 1(2), 2(2) (with reg. 5)

Commencement Information

I1 Reg. 2 in force at 1.10.2015, see reg. 1(1)

(1)

S.I. 1989/193. Relevant amending instruments are S.I. 1990/2473, S.I. 1991/2735, S.I. 1992/1817, S.I. 1992/3052, S.I. 1993/3170, S.I. 1996/525, S.I. 1997/37, S.I. 2002/1876 (W. 185), S.I. 2002/2258 (W. 222), S.I. 2003/394 (W. 53), S.I. 2004/2736 (W. 243), S.I. 2006/948 (W. 97) S.I. 2006/1052 (W. 108), S.I. 2006/1282, and S.I. 2009/851 (W. 76).

(2)

S.I. 1992/666. Regulation 9 was substituted by regulation 2 of S.I. 2012/791 (W. 106). See regulation 15 of S.I. 2008/1848 (W. 177) in relation to the application of the 1992 Regulations to the display on any site in a voting area of an advertisement relating specifically to a referendum. Other amendments are not relevant to these Regulations.

(3)

S.I. 2012/801 (W. 110), amended by S.I. 2014/1772 (W. 183). Other amendments are not relevant to these Regulations.

(4)

S.I. 1995/418.

(5)

“Building” includes a part of a building, see definition in section 336(1) of the 1990 Act.

(6)

1995 c. 25. Schedule 13 was amended by: sections 76(1) and 93 of, and paragraph 10 of Schedule 10 and paragraph 13 of Schedule 15 to, the Countryside and Rights of Way Act 2000 (c. 37); sections 3 and 4 of, and Part 3 of Schedule 1 and paragraph 60 of Schedule 2 to, the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11) and by S.I. 2004/3156 (W. 273).

(7)

Schedule 14 was amended by: section 118(2) of, and paragraph 19(1) and (4) of Schedule 7 to the Planning and Compulsory Purchase Act 2004 (c. 5); section 10(1) of, and paragraphs 1 to 9 of Schedule 3 to the Growth and Infrastructure Act 2013 (c. 27), sections 3 and 4 of, and Part 3 of Schedule 1 and paragraph 60 of Schedule 2 to, the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11) and by S.I. 2004/3156 (W. 273).

(8)

Part 7 was amended by: sections 1 to 11, 32 and 84 of, and paragraph 11 of Schedule 1, paragraphs 22 to 33 of Schedule 7, and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34); section 20(4)(b) of and paragraph 24(5) of Schedule 6 to the Local Government (Wales) Act 1994 (c. 19); section 196(4) of, and paragraphs 1, 5 and 6 of Schedule 10 and paragraph 3 of Schedule 11 to, the Planning Act 2008 (c. 29); sections 123 to 126 of the Localism Act 2011 (c. 20); section 63 of, and paragraphs 4, 5 and 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24); section 58(1) of, and paragraph 6(1) and (3) of Schedule 4 to, the Mobile Homes (Wales) Act 2013 (2013 anaw 6) and by S.I. 2004/3156 (W. 273), S.I. 2009/1307 and by S.I. 2014/2773 (W. 280). Other amendments are not relevant to these Regulations.