The Town and Country Planning (Power to Override Easements and Applications by Statutory Undertakers) (Wales) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers powers on local authorities and other bodies to override easements and other rights which would otherwise restrict their use of land that has been acquired or appropriated for planning purposes. They can do this only if the use is in accordance with planning permission. It makes provision in relation to Wales which corresponds to section 194(1) of, and Schedule 9 to, the Planning Act 2008 (“the 2008 Act”).

This Order also disapplies the requirement for the Welsh Ministers and the appropriate Minister to decide jointly certain planning applications and appeals where the application has been made by a statutory undertaker. The Welsh Ministers or the appropriate Minister may however direct that the requirement for joint decisions continues to apply in relation to the relevant application or appeal. The Order makes provision in relation to Wales which corresponds to section 195 of the 2008 Act.

Article 7 makes transitional provision. It provides that section 266(1B) of the Town and Country Planning Act 1990 applies where an application or appeal is made after the Order comes into force.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.