The Developments of National Significance (Procedure) (Wales) Order 2016

Interpretation E+W

2.  In this Order—

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

“the 2004 Act” (“Deddf 2004”) means the Planning and Compulsory Purchase Act 2004;

“the 2012 Order” (“Gorchymyn 2012”) means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 M1 ;

[F1 “the Criteria Regulations” (“y Rheoliadau Meini Prawf”) means the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016;]

“the EIA Regulations” (“y Rheoliadau AEA”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations [F2 2017];

“the Application of Enactments Order” (“y Gorchymyn Cymhwyso Deddfau”) means the Developments of National Significance (Application of Enactments) (Wales) Order 2016 M2 ;

“address” (“cyfeiriad”) has the meaning given in article 3(1)(a);

“applicant” (“ceisydd”) means a person who either proposes to make an application or has made such an application;

“building” (“adeilad”) includes any structure or erection, and any part of a building, as defined in this article, but does not include plant or machinery or any structure in the nature of plant or machinery;

“community consultee” (“ymgynghorai cymunedol”) means—

(a)

each county or county borough councillor representing an electoral ward in which the land to which the proposed application relates is situated; and

(b)

each community council in whose area the land to which the proposed application relates is situated;

“design and access statement” (“datganiad dylunio a mynediad”) has the meaning given in article 14(1);

[F3 “EIA development” (“datblygiad AEA”) has the meaning in the EIA Regulations;]

“electronic communication” (“cyfathrebiad electronig”) has the meaning given in section 15(1) of the Electronic Communications Act 2000 (general interpretation) M3 ;

“electoral ward” (“ward etholiadol”) means any area for which a councillor is elected to a county council or a county borough council in Wales;

“environmental statement” (“datganiad amgylcheddol”) has the meaning given in regulation 2(1) of the EIA Regulations;

“erection” (“codi”), in relation to buildings as defined in this article, includes extension, alteration or re-erection;

“local planning authority” (“awdurdod cynllunio lleol”), except in the case of articles 25 and 26, means the local planning authority to which, but for section 62D of the 1990 Act, the application would be made;

“mining operations” (“gweithrediadau mwyngloddio”) means the winning and working of minerals in, on or under land, whether by surface or underground working;

“notification of proposed development” (“hysbysiad o ddatblygiad arfaethedig”) has the meaning given in article 5(2);

“representation period” (“cyfnod sylwadau”) has the meaning given in article 4;

[F4 “Schedule 1 development” (“datblygiad Atodlen 1”) and “Schedule 2 development” (“datblygiad Atodlen 2”) have the meanings in the EIA Regulations;]

[F5 “scoping direction” (“cyfarwyddyd cwmpasu”) has the meaning in the EIA Regulations;]

[F6 “scoping opinion” (“barn gwmpasu”) has the meaning in the EIA Regulations;]

“screening direction” (“cyfarwyddyd sgrinio”) has the same meaning given in regulation 2(1) of the EIA Regulations;

“by site display” (“drwy arddangos ar y safle”) means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“specialist consultee” (“ymgynghorai arbenigol”) means, in circumstances where the development M4 to which the application or proposed application relates falls within a category set out in the Table in Schedule 5, the authority, person or body mentioned in relation to that category; and

“working day” (“diwrnod gwaith”) means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday in Wales.

Textual Amendments

F1 Words in art. 2 inserted (1.4.2019) by The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 (S.I. 2019/290), arts. 1(1), 2(2) (with art. 1(2))

F2 Word in art. 2 substituted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(a) (with regs. 1(4), 55(2)(3), 63, 65)

F3 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(i) (with regs. 1(4), 55(2)(3), 63, 65)

F4 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(ii) (with regs. 1(4), 55(2)(3), 63, 65)

F5 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(iii) (with regs. 1(4), 55(2)(3), 63, 65)

F6 Words in art. 2 inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(2)(b)(iv) (with regs. 1(4), 55(2)(3), 63, 65)

Marginal Citations

M1 S.I. 2012/801 (W. 110).

M2 S.I. 2016/54 (W. 24).

M3 2000 c. 7; section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c. 21).

M4 For the definition of “development” (“datblygiad”) see section 55 of the 1990 Act. See also regulation 56 of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58) (W. 28).