The Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021

Amendment of the 2012 Order

2.—(1) Schedule 4 to the 2012 Order is amended as follows.

(2) In the table—

(a) for row (x) substitute—

“(x)

Development— (i) on land within Rivers and Sea – Flood Zone 3; (ii) on land within Rivers and Sea – Flood Zone 2; (iii) on land within TAN 15 Defended Zones.

The Natural Resources Body for Wales”

(b) after row (y) insert—

“(z)

Development— (i) involving waste development; (ii) involving the provision of dwellinghouses where either the number of dwellinghouses to be provided is 10 or more or the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the number of dwellinghouses to be provided is 10 or more; (iii) involving the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; (iv) carried out on a site having an area of 1 hectare or more; (v) involving the provision of 10 or more flats (whether by increasing the number of flats within an existing building or otherwise); (vi) involving the provision of residential accommodation of 10 or more rooms, not contained in dwellinghouses or flats, which are not solely used for cooking purposes and are not toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms; or (vii) involving the provision of residential accommodation of 10 or more rooms contained in a dwellinghouse or flat used as a house in multiple occupation, which are not solely used for cooking purposes and are not toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms.

The Fire and Rescue Authority concerned”

(3) Under the heading “Interpretation of Table”—

(a) at the end of paragraph (m) omit “and”;

(b) for paragraph (n) substitute—

“(n) in paragraph (x)—

“Rivers and Sea —Flood Zone 3” (“Afonydd a’r Môr – Parth Llifogydd 3”) means an area with a greater than 1 in 100 chance of flooding from rivers and a greater than 1 in 200 chance of flooding from the sea in a given year, including climate change;

“Rivers and Sea —Flood Zone 2” (“Afonydd a’r Môr – Parth Llifogydd 2”) means an area with less than a 1 in 100 chance of flooding from rivers and less than 1 in 200 chance of flooding from the sea but greater than 1 in 1000 chance of flooding from the rivers and sea in a given year, including climate change; and

“TAN 15 Defended Zones” (“Parthau Amddiffynedig TAN 15”) means areas where flood risk management infrastructure provides a minimum standard of protection against flooding of 1 in 100 from rivers and 1 in 200 from the sea (plus climate change and freeboard) as set out in the Flood Map for Planning published by Natural Resources Wales;”;

(c) after paragraph (n) insert—

“(o) in paragraph (z) “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.”