(This note is not part of the Order)
This Order is the third commencement order made by the Welsh Ministers under the Planning (Wales) Act 2015 (“the 2015 Act”).
Article 2 brings the following sections of the 2015 Act into force on 1 March 2016:
section 17 (requirement to carry out pre-application consultation);
section 18 (requirement to provide pre-application services);
section 19 (developments of national significance: applications for planning permission);
section 20 (developments of national significance: secondary consents);
section 21 (developments of national significance: local impact reports);
section 22 (timetable for determining applications); and
section 49 (costs on applications, appeals and references).
Article 3 brings the following provisions of the 2015 Act into force on 1 March 2016 so far as they relate to developments of national significance and secondary consents:
section 24 (further provision about applications made to the Welsh Ministers);
section 25 (power to make provision by development order in respect of applications to the Welsh Ministers);
section 26 (developments of national significance and applications made to Welsh Ministers: exercise of functions by appointed person);
section 27 (applications to Welsh Ministers: further amendments);
section 33 (decision notices);
section 34 (notification of development);
section 50 (procedure for certain proceedings);
Schedule 3 (developments of national significance and applications made to Welsh Ministers: exercise of functions by appointed person); and
Schedule 4 (applications to Welsh Ministers: further amendments).
Article 4 brings section 51 of the 2015 Act (costs and procedure on appeals etc: further amendments) into force on 1 March 2016 so far as it relates to those paragraphs of Schedule 5 (costs and procedure on appeals etc: further amendments) listed in that article.
Article 5 brings the following sections of the 2015 Act into force on 16 March 2016:
section 28 (power of local planning authority to require information with application);
section 29 (invalid applications: notice and appeal);
section 30 (revocation of saving of Town and Country Planning (Applications) Regulations 1988);
section 32 (power to decline to determine retrospective application);
section 33 (decision notices);
section 34 (notification of development);
section 35 (duration of planning permission: general);
section 36 (duration of outline planning permission);
section 37 (consultation etc in respect of certain applications relating to planning permission);
section 38 (stopping up or diversion of public paths where application for planning permission made);
section 43 (breach of planning control: enforcement warning notice);
section 44 (appeal against enforcement notice: deemed application for planning permission);
section 45 (restrictions on right to appeal against planning decisions); and
section 46 (restrictions on right to appeal against enforcement notice).