Planning (Wales) Act 2015

PART 1 — INTRODUCTION

Overview of this Act

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• (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 either to 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 against 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).

PART 2 — SUSTAINABLE DEVELOPMENT

Sustainable development

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• (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 Generations (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).

PART 3 — DEVELOPMENT PLANNING

National Development Framework for Wales

Preparing and revising the National Development Framework for Wales

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

(60) (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) (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 representations with regard to the draft. (4) The Welsh Ministers may revise the statement, and must publish the statement as revised. (60B) (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 (1)(b) must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language. (3) If, after complying with subsection (1), the Welsh Ministers wish to proceed with the draft of the Framework (with or without changes), they must lay before the National Assembly for Wales— (a) the draft, and (b) a report which— (i) summarises the representations they received during the consultation carried out under subsection (1)(c), and (ii) explains how they have taken the representations into account. (4) The Welsh Ministers must have regard to— (a) any resolution passed by the National Assembly for Wales with regard to the draft Framework during the Assembly consideration period, and (b) any recommendation made by a committee of the National Assembly with regard to the draft during that period. (5) After the expiry of the Assembly consideration period, the Welsh Ministers— (a) may publish the National Development Framework for Wales in the terms of the draft laid under subsection (3), or (b) if they propose to make changes to that draft, may— (i) lay before the National Assembly for Wales an amended draft of the Framework, and (ii) publish the National Development Framework for Wales in the terms of the amended draft. (6) If any resolution was passed or any recommendation was made as mentioned in subsection (4), the Welsh Ministers must also, not later than the day on which the Framework is published, lay before the National Assembly for Wales a statement explaining how they have had regard to the resolution or recommendation. (7) In this section, “the Assembly consideration period” means the period of 60 days beginning with the day on which a draft of the Framework is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days. (60C) (1) The Welsh Ministers must keep the National Development Framework for Wales under review. (2) The Welsh Ministers may revise the Framework at any time, and must publish the Framework as revised. (3) Sections 60A and 60B apply for the purposes of the revision of the Framework, as if references to the Framework (or a draft of the Framework) were references to the Framework as revised (or a draft of the Framework as revised). (4) Subsection (5) applies if the Welsh Ministers, having published a draft of a revised Framework in accordance with the statement of public participation, decide not to proceed with the revision of the Framework. (5) The Welsh Ministers must— (a) publish notice of their decision and the reasons for it, and (b) if a draft of a revised Framework has been laid before the National Assembly for Wales under section 60B(3), lay a copy of the notice before the National Assembly. (6) Subsection (7) applies if— (a) a review period ends, and (b) the Welsh Ministers have not, within that period— (i) published a revised Framework, or (ii) laid a draft revised Framework before the National Assembly for Wales under section 60B(3). (7) As soon as reasonably practicable after the end of the review period, the Welsh Ministers must publish and lay before the National Assembly for Wales a statement— (a) setting out their assessment of whether the Framework should be revised and giving reasons for that assessment, and (b) if they consider that the Framework should be revised, setting out a timetable for its revision. (8) For the purposes of subsections (6) and (7)— (a) the first review period— (i) begins with the day on which the Framework is first published, and (ii) ends with the fifth anniversary of the day on which the Framework is first published or, if earlier, with the day on which a revised Framework is published; (b) each subsequent review period— (i) begins with the day after the last day of the preceding review period, and (ii) ends with the fifth anniversary of the last day of the preceding review period or, if earlier, with the day on which a revised Framework is published.

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Designating strategic planning areas and establishing strategic planning panels

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Strategic planning areas: survey

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Preparing and revising strategic development plans

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Status of National Development Framework and strategic development plans

Conformity of certain plans and schemes with National Development Framework and strategic development plan

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• (1) In section 62 of PCPA 2004 (local development plan), after subsection (3) insert—

(3A) The plan must be in general conformity with— (a) the National Development Framework for Wales, and (b) the strategic development plan for any strategic planning area that includes all or part of the area of the authority.

• (2) In section 83 of TCPA 1990 (making of simplified planning zone schemes), after subsection (3) insert—

(3A) A simplified planning zone scheme for an area in Wales must be in general conformity with— (a) the National Development Framework for Wales (see sections 60 to 60C of the Planning and Compulsory Purchase Act 2004), and (b) the strategic development plan for any strategic planning area that includes all or part of the simplified planning zone (see sections 60I and 60J of that Act).

Duty to consider whether to review local development plan

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• (1) In PCPA 2004, after section 68 insert—

(68A) (1) Following the publication of the National Development Framework for Wales or a revised Framework, a local planning authority must consider whether to carry out a review of their local development plan. (2) Following the adoption or approval of a strategic development plan or revised strategic development plan for a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area must consider whether to carry out a review of their local development plan.

• (2) In section 69 of PCPA 2004 (review of local development plan), in subsection (1), for “at such times as the Assembly prescribes” substitute

— (a) if, after consideration under section 68A, they think that the plan should be reviewed, and (b) at such other times as the Welsh Ministers prescribe

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National Development Framework and strategic development plan to form part of development plan

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In section 38 of PCPA 2004 (development plan), in subsection (4) (areas in Wales), for “the local development plan adopted or approved in relation to that area” substitute

— (a) the National Development Framework for Wales, (b) the strategic development plan for any strategic planning area that includes all or part of that area, and (c) the local development plan for that area

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Blighted land

Land affected by National Development Framework or strategic development plan

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• (1) Schedule 13 to TCPA 1990 (blighted land) is amended as set out in subsections (2) to (6).

• (2) In paragraph 1B (land in Wales identified for the purposes of relevant public functions by a local development plan), after “local development plan” insert “ or strategic development plan ”.

• (3) In Note (1) to that paragraph, for “National Assembly for Wales” substitute “ Welsh Ministers ”.

• (4) In Note (2) to that paragraph—

• (a) in the opening words and in paragraph (a), after “local development plan” insert “ or strategic development plan ”;

• (b) in paragraph (b), for “a local development plan” substitute “ such a plan ”;

• (c) in paragraph (c)—

• (i) after “local development plan” insert “ or strategic development plan ”;

• (ii) for “National Assembly” substitute “ Welsh Ministers ”;

• (d) in paragraph (d)—

• (i) for “a local development plan” substitute “ such a plan ”;

• (ii) for “National Assembly” substitute “ Welsh Ministers ”.

• (5) In Note (4) to that paragraph—

• (a) omit “local development”;

• (b) for “National Assembly”, in each place, substitute “ Welsh Ministers ”.

• (6) After paragraph 1B insert—

(1C) Land in Wales which is identified for the purposes of relevant public functions (within the meaning of paragraph 1B) by the National Development Framework for Wales. Notes 1. In this paragraph, the reference to the National Development Framework for Wales is a reference to— 1. the National Development Framework for Wales, or a revised Framework, which is published under sections 60 to 60C of the Planning and Compulsory Purchase Act 2004, and 2. a draft of the Framework, or of a revised Framework, which has been laid before the National Assembly for Wales under section 60B(3) of that Act. 2. This paragraph does not apply to land that falls within paragraph 1B. 3. Note (1)(b) ceases to apply in relation to a draft of a revised Framework if the Welsh Ministers lay before the National Assembly for Wales a copy of a notice that they have decided not to proceed with the revision of the Framework.

• (7) In TCPA 1990, after the cross-heading before section 165 insert—

(164A) Where a blight notice has been served in respect of land falling within paragraph 1C of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

• (8) In section 170 of TCPA 1990 (“appropriate enactment” for purposes of blight provisions)⁠—