Planning (Wales) Act 2015

Citation2015 anaw 4


Planning (Wales) Act 2015

2015 anaw 4

An Act of the National Assembly for Wales to make provision about national, strategic and local development planning in Wales; to make provision for certain applications for planning permission and certain other applications to be made to the Welsh Ministers; to make other provision about development management and applications for planning permission; to make provision about planning enforcement, appeals and certain other proceedings; to amend the Commons Act 2006; and for connected purposes.

{6 July 2015}

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

1 INTRODUCTION

PART 1

INTRODUCTION

S-1 Overview of this Act

1 Overview of this Act

(1) This Part provides an overview of this Act.

(2) Part 2 of this Act makes provision about sustainable development in the exercise of functions relating to development planning and applications for planning permission.

(3) Part 3 of this Act is about development planning in Wales. It makes provision-

(a) for the preparation and revision of a National Development Framework for Wales;

(b) for the designation of strategic planning areas, the establishment of strategic planning panels and the preparation of strategic development plans;

(c) about the status of the National Development Framework for Wales and strategic development plans;

(d) about local development plans (including provision about the duration of plans, withdrawal of plans and directions to prepare joint plans);

(e) for joint planning boards to exercise development planning functions.

(4) Part 3 also makes provision about the constitution and financial arrangements of strategic planning panels.

(5) Part 4 of this Act makes provision about-

(a) consultation to be carried out by a prospective applicant for planning permission;

(b) pre-application services that are to be provided by a local planning authority or the Welsh Ministers.

(6) Part 5 of this Act is about the making of certain applications to the Welsh Ministers. It makes provision-

(a) for applications for planning permission for development of national significance in Wales to be made to the Welsh Ministers instead of a local planning authority;

(b) for certain other applications to be made to either the Welsh Ministers or a local planning authority.

(7) Part 5 also makes provision-

(a) for certain functions of the Welsh Ministers, in respect of applications made to them, to be exercised by an appointed person;

(b) for further amendments to existing legislation in connection with the making of applications to the Welsh Ministers.

(8) Part 6 of this Act is about development management and associated matters. It makes provision about-

(a) requirements relating to planning applications, including provision for appeals where a local planning authority give notice that an application is not valid;

(b) notices of decisions to grant planning permission;

(c) notification of beginning development for which permission has been granted;

(d) the duration of planning permission;

(e) consultation in respect of applications for approval of reserved matters and certain other applications;

(f) arrangements to be made by local planning authorities for discharging their functions relating to planning applications.

(9) Part 6 also-

(a) applies to Wales existing statutory provision about circumstances in which a local planning authority may decline to determine a retrospective application;

(b) makes provision about the stopping up of public paths;

(c) makes provision about the functions of joint planning boards and about the power of the Welsh Ministers to establish joint planning boards.

(10) Part 7 of this Act is about enforcement, appeals and certain other planning proceedings. It makes provision-

(a) enabling local planning authorities to issue enforcement warning notices;

(b) about circumstances in which a person who appeals against an enforcement notice is deemed to have applied for planning permission;

(c) about circumstances in which a person may not appeal against the refusal of an application for planning permission or again st an enforcement notice;

(d) preventing the variation of certain applications once notice of an appeal has been served;

(e) for appeals against notices in respect of land adversely affecting amenity to be made to the Welsh Ministers;

(f) about the procedure for certain proceedings and the payment and award of costs.

(11) Part 8 is about town and village greens. It makes provision-

(a) restricting the circumstances in which applications to register land as a town or village green may be made;

(b) about the determination of fees in relation to applications.

(12) Part 9 contains provisions that apply generally for the purposes of this Act (including provision about the making of subordinate legislation by the Welsh Ministers and about the interpretation and coming into force of the Act).

2 SUSTAINABLE DEVELOPMENT

PART 2

SUSTAINABLE DEVELOPMENT

S-2 Sustainable development

2 Sustainable development

(1) This section applies to the exercise by the Welsh Ministers, a local planning authority in Wales or any other public body-

(a) of a function under Part 6 of PCPA 2004 in relation to the National Development Framework for Wales, a strategic development plan or a local development plan;

(b) of a function under Part 3 of TCPA 1990 in relation to an application for planning permission made (or proposed to be made) to the Welsh Ministers or to a local planning authority in Wales.

(2) The function must be exercised, as part of carrying out sustainable development in accordance with the Well-being of Future Generations (Wales) Act 2015 (anaw 2), for the purpose of ensuring that the development and use of land contribute to improving the economic, social, environmental and cultural well-being of Wales.

(3) In complying with subsection (2), a public body must take into account guidance issued by the Welsh Ministers (including relevant guidance issued under section 14 of the Well-being of Future Generations (Wales) Act 2015).

(4) In this section, "public body" has the meaning given by section 6 of the Well-being of Future Gener ations (Wales) Act 2015.

(5) Nothing in this section, as it applies in relation to functions under Part 3 of TCPA 1990, alters-

(a) whether regard is to be had to any particular consideration under subsection (2) of section 70 of that Act (determination of applications for planning permission), or

(b) the weight to be given to any consideration to which regard is had under that subsection.

(6) In section 39 of PCPA 2004 (sustainable development)-

(a) in subsection (1), omit paragraph (c);

(b) in subsection (3), omit paragraph (b).

3 DEVELOPMENT PLANNING

PART 3

DEVELOPMENT PLANNING

National Development Framework for Wales

National Development Framework for Wales

S-3 Preparing and revising the National Development Framework for Wales

3 Preparing and revising the National Development Framework for Wales

In PCPA 2004, for section 60 (and the cross-heading before it) substitute-

"National Development Framework

60 National Development Framework for Wales

(1) There must be a plan, prepared and published by the Welsh Ministers, to be known as the National Development Framework for Wales.

(2) The Framework must set out such of the policies of the Welsh Ministers in relation to the development and use of land in Wales as the Welsh Ministers consider appropriate.

(3) The Framework may specify that development of a particular description, in a particular area or location, is to constitute development of national significance for the purposes of section 62D of the principal Act (development of national significance: applications to be made to Welsh Ministers).

(4)The Framework must give reasons for-

(a) the policies that it sets out, and

(b) any provision that it makes as mentioned in subsection (3).

(5)The Framework must explain how, in preparing the Framework, the Welsh Ministers have taken into account relevant policies set out in-

(a) any marine plan adopted and published by them under Part 3 of the Marine and Coastal Access Act 2009, and

(b) the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006.

(6) The Framework must specify the period for which it is to have effect.

(7) A plan ceases to be the National Development Framework for Wales on the expiry of the period specified under subsection (6).

60A Preparation of Framework: statement of public participation

(1) The Welsh Ministers must prepare and publish a statement of public participation setting out their policies relating to the consultation to be carried out in preparing the National Development Framework for Wales.

(2)In particular, the statement must include provision about-

(a) the form that the consultation will take,

(b) when the consultation will take place, and

(c) the steps that will be taken to involve members of the public in the preparation of the Framework.

(3)The statement must provide that, as part of the consultation, the Welsh Ministers will-

(a) publish a draft of the Framework, and

(b) allow a period of 12 weeks beginning with the publication of the draft Framework during which any person may make rep resentations with regard to the draft.

(4) The Welsh Ministers may revise the statement, and must publish the statement as revised.

60B Procedure for preparation and publication of Framework

(1)Before publishing the National Development Framework for Wales, the Welsh Ministers must-

(a) prepare a draft of the Framework,

(b) carry out an appraisal of the sustainability of the policies set out in the draft, and

(c) carry out consultation in accordance with the statement of public participation.

(2) The appraisal under subsection...

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