The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017

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 2012 Order”).

The main changes are—

(1) amendments to the procedure in relation to applications referred to the Welsh Ministers pursuant to a direction under section 77 of the Town and Country Planning Act 1990 (“the 1990 Act”), including provision for an applicant to submit a full statement of case within a specified timescale if the applicant so chooses (article 4 which substitutes article 13 of the 2012 Order).

(2) amendments to the procedure in relation to appeals under section 78 of the 1990 Act to require—

(a) a notice of appeal to be accompanied by a full statement of case; and

(b) the appellant to send a copy of the full statement of case to the local planning authority (article 5 which amends article 26 of the 2012 Order).

(3) provision for the procedure for appeals under section 195 of the 1990 Act (appeals against refusal or failure to give decision on application for a certificate of lawfulness of existing or proposed use or development) to—

(a) require a notice of appeal to be accompanied by a full statement of case;

(b) require the appellant to send a copy of the full statement of case to the local planning authority; and

(c) provide that an applicant who wishes to appeal to the Welsh Ministers against a refusal or failure to give a decision on an application for a certificate of lawfulness of existing use or development must do so within six months from the date of the notice of the decision or determination giving rise to the appeal (article 6 which inserts article 26B into the 2012 Order).

(4) provision under section 78(4BA) and (4BB) and section 195(1DA) and (1DB) of the 1990 Act (which were inserted by section 47(1) and (2) of the Planning (Wales) Act 2015) to—

(a) prescribe a circumstance under sections 78(4BA) and 195(1DA) in which an application may be varied once notice of appeal has been served; and

(b) provide for an application which is so varied to be subject to such further consultation as the Welsh Ministers consider appropriate (article 7 which inserts article 26C into the 2012 Order).

Article 8 contains transitional and saving provisions.

A regulatory impact assessment has been prepared in relation to this Order. Copies may be obtained from the Planning Division, the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.