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The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

Type Welsh-Statutory-Instrument

Publication 2012-03-10

Last updated 2025-12-15

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 10 March 2012

Laid before the National Assembly for Wales: 13 March 2012

Coming into force: 30 April 2012

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59, 61(1), 61A, 62, 65, 69, 71, 74, 77, 78, 79(4), 188, 193, 196(4), 293A and 333(7) of, and paragraphs 1 and 2 of Schedule 1A, and Schedule 4A to, the Town and Country Planning Act 1990 now exercisable by them and in exercise of the powers conferred on the National Assembly for Wales by sections 88 and 122(3) of the Planning and Compulsory Purchase Act 2004 , also now exercisable by them , make the following Order:

PART 1 — Preliminary

Title, commencement and application

1

(1) The title of this Order is the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 and it comes into force on 30 April 2012.

(2) This Order applies to all land in Wales, but where land is the subject of a special development order , whether made before or after the commencement of this Order, this Order will apply to that land only to such extent and subject to such modifications as may be specified in the special development order.

(3) Nothing in this Order applies to any permission which is deemed to be granted under section 222 of the 1990 Act (planning permission not needed for advertisements complying with regulations).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

(1) 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 2015 Act” (“Deddf 2015”) means the Planning (Wales) Act 2015;

“access” (“mynediad”), in relation to reserved matters, means the accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network and “site” means the site or part of the site in respect of which outline planning permission is granted or, as the case may be, in respect of which an application for such a permission has been made;

“any other information” (“unrhyw wybodaeth arall”) has the meaning in the EIA Regulations;

“appearance” (“ymddangosiad”) means the aspects of a building or place within the development which determine the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture;

“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—each county or county borough councillor representing an electoral ward in which the land to which the proposed application relates is situated; andeach community council in whose area the land to which the proposed application relates is situated;

“dwellinghouse” (“tŷ annedd**”) does not include a building containing one or more flats, or a flat contained within such a building;

“EIA application” (“caisAEA”) has the meaning in the EIA Regulations;

“EIA development” (“datblygiadAEA”) has the meaning in the EIA Regulations;

“EIA Regulations” (“RheoliadauAEA”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017;

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

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

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

“environmental information” (“gwybodaeth amgylcheddol”) has the meaning in the EIA Regulations;

“environmental statement” (“datganiad amgylcheddol”) has the meaning in the EIA Regulations;

“flat” (“fflat”) means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“floor space” (“arwynebedd llawr”) means the total floor space in a building or buildings;

“full statement of case” (“datganiad achos llawn”) means and is comprised of —a statement in writing containing full particulars of the case—the applicant proposes to put forward in relation to the application referred to the Welsh Ministers pursuant to a direction under section 77 of the 1990 Act; orthe appellant proposes to put forward in relation to the appeal under section 78 of the 1990 Act; andcopies of any supporting documents the applicant or the appellant proposes to refer to or put forward in evidence;

“further information” (“gwybodaethbellach”) has the meaning in the EIA Regulations;

“householder application” (“cais deiliad tŷ”) means an application for—planning permission for the enlargement, improvement or other alteration of a dwellinghouse, or development within the curtilage of such a dwellinghouse, orchange of use to enlarge the curtilage of a dwelling house,for any purpose incidental to the enjoyment of the dwellinghouse but does not include—any other application for change of use,an application for erection of a dwellinghouse, oran application to change the number of dwellings in a building;

“landscaping” (“tirlunio”), in relation to a site or any part of a site for which outline planning permission has been granted or, as the case may be, in respect of which an application for such permission has been made, means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes—screening by fences, walls or other means;the planting of trees, hedges, shrubs or grass;the formation of banks, terraces or other earthworks;the laying out or provision of gardens, courts, squares, water features, sculpture or public art; andthe provision of other amenity features;

“layout” (“llunwedd”) means the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development;

“major development” (“datblygiad mawr”) means development involving any one or more of the following—the winning and working of minerals or the use of land for mineral-working deposits ;waste development;the provision of dwellinghouses where—the number of dwellinghouses to be provided is 10 or more; orthe 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 development falls within sub-paragraph (c)(i);the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; ordevelopment carried out on a site having an area of 1 hectare or more;

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

“minor commercial application” (“cais masnachol bach”) means an application for planning permission for the enlargement, improvement or other alteration of an existing building of no more than 250 square metres gross external floor space at ground floor level, or part of that building, currently in use for any of the purposes set out in Schedule 1A to this Order which is an application for—the change of use from any of the purposes set out at paragraph 1 in Schedule 1A to this Order to any of the purposes set out in either paragraph 2 or paragraph 3 of that Schedule;the change of use from any of the purposes set out at paragraph 2 in Schedule 1A to this Order to any of the purposes set out in paragraph 3 of that Schedule; orthe carrying out of building or other operations to a shop front;

“outline planning permission” (“caniatd cynllunio amlinellol”) means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;

“reserved matters” (“materion a gedwir yn l”, “materion a gadwyd yn l”) in relation to an outline planning permission, or an application for such permission, means any of the following matters in respect of which details have not been given in the application—access;appearance;landscaping;layout; andscale, within the upper and lower limit for the height, width and length of each building stated in the application for planning permission in accordance with article 3(4);

“scale” (“graddfa”) means the height, width and length of each building proposed within the development in relation to its surroundings;

“Schedule 1 development” (“datblygiad Atodlen1”) and “Schedule 2 development” (“datblygiad Atodlen2”) have the meanings in the EIA Regulations;

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

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

“section 73 application” (“cais adran 73”) means an application for planning permission under section 73 of the 1990 Act for the development of land without complying with conditions subject to which a previous planning permission was granted;

“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; and

“specialist consultee” (“ymgynghorai arbenigol”) means, where the development to which a proposed application for planning permission relates falls within a category set out in the Table in Schedule 4, the authority, person or body mentioned in relation to that category;

“waste development” (“datblygiad gwastraff”) means (a) any operational development designed to be used wholly or mainly for the purpose of treating, storing, processing or disposing of refuse or waste materials or (b) material change of use to the treatment, storage, processing or disposal of refuse or waste materials.

(2) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically—

(a) the expression “address” (“cyfeiriad”) includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation is not fulfilled unless the person on whom it is imposed provides a postal address; and

(b) references to documents, maps, plans, drawings, certificates or other documents, or to copies of such things, include references to such documents or copies of them in electronic form.

(3) Paragraphs (4) to (7) apply where an electronic communication is used by a person for the following purposes—

(a) fulfilling any requirement in this Order to give or send any application, notice or other document to any other person; or

(b) lodging an application, certificate or other document referred to in article 22(3) with a local planning authority,

and in those paragraphs, “the recipient” (“y derbynnydd”) means the person mentioned in sub-paragraph (a) of this paragraph or the local planning authority, as the case may be.

(4) The requirement is not taken to be fulfilled, or (as the case may be) the application or other document is not taken to have been lodged, unless the document transmitted by the electronic communication is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(5) In paragraph (4), “legible in all material respects” (“darllenadwy ym mhob modd perthnasol”) means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(6) Where the electronic communication is received by the recipient outside the recipient's business hours, it is taken to have been received on the next working day; and for this purpose “working day” (“diwrnod gwaith”) means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(7) A requirement in this Order that any application, notice or other document should be in writing is fulfilled where the document meets the criteria in paragraph (4), and “written” (“ysgrifenedig”) and cognate expressions are to be construed accordingly.

PART 2 — Applications

Applications for outline planning permission

3

(1) Where an application is made to the local planning authority for outline planning permission, the authority may grant permission subject to a condition specifying reserved matters for the authority's subsequent approval.

(2) Where the local planning authority who are to determine an application for outline planning permission are of the opinion that, in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters, they must within the period of one month beginning with the receipt of the application notify the applicant that they are unable to determine it unless further details are submitted, specifying the further details they require.

(3) Where layout is a reserved matter, the application for outline planning permission must state the approximate location of buildings, routes and open spaces included in the development proposed.

(4) Where scale is a reserved matter, the application for outline planning permission must state the upper and lower limit for the height, width and length of each building included in the development proposed.

(5) Where access is a reserved matter, the application for outline planning permission must state the area or areas where access points to the development proposed will be situated.

Applications for approval of reserved matters

4

(1) An application for approval of reserved matters must—

(a) be made in writing to the local planning authority on a form published by the Welsh Ministers (or a form substantially to the like effect);

(b) include the particulars specified or referred to in the form;

(c) be accompanied by such plans and drawings as are necessary to deal with the matters reserved in the outline planning permission;

(d) except where the application is made by electronic communications or the local planning authority indicate that fewer are required, be accompanied by 3 copies of the form; and

(e) except where they are submitted by electronic communications or the local planning authority indicate that fewer are required, be accompanied by 3 copies of any plans, drawings and information accompanying the application.

(2) Any plans or drawings required to be provided by paragraph (1)(c) must be drawn to an identified scale and, in the case of plans, must show the direction of north.

(3) Where an application is made using electronic communications the provisions of article 32 apply.

Applications for planning permission

5

(1) Subject to the following provisions of this article, an application for planning permission must—

(a) be made in writing to the local planning authority on a form published by the Welsh Ministers (or a form substantially to the like effect);

(b) include the particulars specified or referred to in the form;

(c) except in the case of a section 73 application or where the application is made pursuant to section 73A(2)(c) (planning permission for development already carried out) of the 1990 Act , be accompanied, whether electronically or otherwise, by—

(i) a plan which identifies the land to which the application relates;

(ii) any other plans, drawings and information necessary to describe the development which is the subject of the application;

(iii) except where the application is made by electronic communications or the local planning authority indicate that fewer are required, 3 copies of the form; and

(iv) except where they are submitted by electronic communications or the local planning authority indicate that fewer are required, 3 copies of any plans, drawings and information accompanying the application.

(2) Any plans or drawings required to be provided by paragraph (1)(c)(i) or (ii) must be drawn to an identified scale and, in the case of plans, must show the direction of north.

(3) Subject to paragraphs (3) to (5) of article 3, in the case of an application for outline planning permission, details need not be given of any reserved matters.

(4) An application for planning permission for development consisting of mining operations or the use of land for mineral-working deposits must—

(a) be made on a form provided by the local planning authority;

(b) include the particulars specified or referred to in the form; and

(5) Where an application is made using electronic communications the provisions of article 32 apply.

Applications in respect of Crown land

6

An application for planning permission in respect of Crown land must be accompanied by—

(a) a statement that the application is made in respect of Crown land; and

(b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.

Design and access statements

7

(1) Subject to paragraph (2), paragraph (3) applies to an application for planning permission—

(a) for major development;

(b) where any part of the development is in a designated area, for development consisting of—

(i) the provision of one or more dwellinghouses; or

(ii) the provision of a building or buildings where the floor space created by the development is 100 square metres or more.

(2) Paragraph (3) does not apply to—

(a) a section 73 application;

(b) an application for planning permission—

(i) for mining operations;

(ii) for a material change in use of the land or buildings; or

(iii) for waste development.

(3) An application for planning permission to which this paragraph applies must be accompanied by a statement (“a design and access statement”) which complies with paragraph (4).

(4) A design and access statement must—

(a) explain the design principles and concepts that have been applied to the development;

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account;

(c) explain the policy or approach adopted as to access, and how policies relating to access in the development plan have been taken into account; and

(d) explain how any specific issues which might affect access to the development have been addressed.

(5) In paragraph (1) “designated area” (“ardal ddynodedig”) means—

(a) a conservation area; or

(b) a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and National Heritage (a World Heritage Site).

General provisions relating to applications

8

(1) When the local planning authority receive—

(a) an application which complies with the requirements of article 5;

(b) where an application is made in respect of Crown land, the documents required by article 6;

(ba) in a case to which article 2F applies, the pre-application consultation report required by that article;

(d) in a case to which article 9 applies, the written declaration required by that article;

(e) the certificate required by article 11;

(f) subject to paragraph (2), the particulars or evidence required by the authority under section 62(3) of the 1990 Act (applications for planning permission) ; and

(g) any fee required to be paid in respect of the application,

the authority must, as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Schedule 1.

(2) Paragraph (1)(f) only applies if—

(a) the application is for major development; and

(b) before the application is made the local planning authority publish a list of requirements on their website for the purposes of article 22(3); and

(3) Where the local planning authority consider that any fee required to be paid in respect of the application has not been paid (save for where a cheque is dishonoured and paragraphs (2)(c) and (3)(g) of article 22 apply) they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice must inform the applicant of the amount of the fee required to be paid and how the fee can be paid.

(3A) Where the local planning authority consider that section 62ZA(2) of the 1990 Act applies to the application they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice given in accordance with section 62ZA(2) of the 1990 Act must inform the applicant of—

(a) the right of appeal to the Welsh Ministers under section 62ZB of the 1990 Act, and

(b) the time limit in article 24C(2) within which the applicant must give notice of appeal.

(4) In this article an application is invalid if it is not a valid application within the meaning of article 22(3).

Declaration to accompany applications to a local planning authority for planning permission for certain electronic communications development

9

(1) This article applies to any application for planning permission for development which involves the construction or installation of one or more antennae for the purpose of operating an electronic communications network.

(2) For the purposes of this article “electronic communications network” (“rhwydwaith cyfathrebiadau electronig”) has the meaning assigned to that term by section 32(1) of the Communications Act 2003 (meaning of electronic communication networks and services) .

(3) An application to which this article applies must be accompanied by a written declaration that the equipment and installation to which the application relates is so designed that it will, when constructed or installed, operate, having regard to its location and the manner in which it has been constructed or installed, in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection, as expressed in EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) .

Notices of applications for planning permission

10

(1) Subject to paragraph (2), an applicant for planning permission must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant—

(a) by serving the notice on every such person whose name and address is known to the applicant; and

(b) where the applicant has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by publication of the notice after the prescribed date in a newspaper circulating in the locality in which the land to which the application relates is situated.

(2) In the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations, instead of giving notice in the manner provided for by paragraph (1), the applicant must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant,—

(a) by serving the notice on every such person whom the applicant knows to be such a person and whose name and address is known to the applicant;

(b) by publication of the notice after the prescribed date in a newspaper circulating in the locality in which the land to which the application relates is situated; and

(c) by site display in at least one place in every community within which there is situated any part of the land to which the application relates, leaving the notice in position for not less than 7 days in the period of 21 days immediately preceding the making of the application to the local planning authority.

(3) The notice required by paragraph (2)(c) must (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.

(4) Where a local planning authority maintain a website for the purpose of advertisement of applications for planning permission other than EIA applications, the notice required by paragraph (2)(c) must (in addition to any other matters required to be contained in it) state the address of the website where a copy of the application, and of all plans and other documents submitted with it, will be published.

(5) Where the notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 7 days referred to in paragraph (2)(c) has elapsed, the applicant will be treated as having complied with the requirements of that paragraph if the applicant has taken reasonable steps to protect the notice and, if need be, replace it.

(6) The date prescribed for the purposes of section 65(2) of the 1990 Act (notice etc of applications for planning permission) , and the “prescribed date” (“dyddiad rhagnodedig”) for the purposes of this article, is the day 21 days before the date of the application.

(7) The applications prescribed for the purposes of paragraph (c) of the definition of “owner” in section 65(8) of the 1990 Act are minerals applications, and the minerals prescribed for the purposes of that paragraph are any minerals other than oil, gas, coal, gold or silver.

(8) In this article—

“minerals applications” (“ceisiadau mwynau”) means applications for planning permission for development consisting of the winning and working of minerals;

“requisite notice” (“hysbysiad gofynnol”) means notice in the appropriate form set out in Schedule 2 or in a form substantially to the like effect, but will not include notice served using electronic communications; and

“tenant” (“tenant”) means an agricultural tenant as defined in section 65(8) of the 1990 Act, of land any part of which is comprised in the land to which an application relates.

Certificates in relation to notices of applications for planning permission

11

(1) Where an application for planning permission is made, the applicant must certify, in a form published by the Welsh Ministers or in a form substantially to the like effect, that the requirements of article 10 have been satisfied.

(2) If an applicant has cause to rely on paragraph (5) of article 10, the certificate must state the relevant circumstances.

Publicity for applications for planning permission

12

(1) An application for planning permission must be publicised by the local planning authority to which the application is made, in the manner prescribed by this article.

(2) Subject to paragraph (3A), in the case of an application for planning permission for development which—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or

the application must be publicised in the manner specified in paragraph (3).

(3) An application falling within paragraph (2) (“a paragraph (2) application”) must be publicised by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates, for not less than 21 days; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

(3A) In the case of an EIA application, the local planning authority must publicise the application in accordance with the requirements of paragraph (7A) and, where the environmental statement is submitted with the application, by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 30 days; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

(4) In the case of an application for planning permission which is neither a paragraph (2) application nor an application falling within paragraph (3A) or (4A), if the development proposed is major development the application must be publicised by giving requisite notice—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or

(ii) by serving the notice on any adjoining owner or occupier; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

(4A) In the case of a section 73 application which does not fall within subparagraph (2)(c) or (3A), the application must be publicised by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; and

(b) in such other manner as the local planning authority consider appropriate.

(5) In a case to which neither paragraph (2) , paragraph (3A), paragraph (4) nor paragraph (4A) applies, the application must be publicised by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or

(b) by serving the notice on any adjoining owner or occupier.

(6) Where the notice is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (3)(a), (4)(a)(i) , (4A) or (5)(a) , or before the period of 30 days referred to in paragraph (3A)(a), has elapsed, the authority will be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps to protect the notice and, if need be, replace it.

(7) Where the local planning authority maintain a website for the purpose of publicising applications for planning permission other than EIA applications the following information must be published on the website—

(a) the address or location of the proposed development;

(b) a description of the proposed development;

(c) the date by which any representations about the application must be made, which must not be before the last day of the period of 14 days beginning with the date on which the information is published;

(d) where and when the application may be inspected; ...

(e) how representations may be made about the application ; and

(f) that, in the case of a householder application or a minor commercial application, in the event of an appeal that proceeds by way of the expedited procedure, any representations made about the application will be passed to the Welsh Ministers and there will be no opportunity to make further representations.

(7A) The local planning authority must ensure it maintains a website for the purpose of publicising EIA applications and the following information must be published on the website—

(a) the address or location of the proposed development;

(b) a description of the proposed development;

(d) the environmental statement, any relevant scoping opinion or scoping direction and any further information or any other information;

(e) in accordance with the Freedom of Information Act 2000 and the Data Protection Act 1998, the main reports and advice issued to the authority at the time the information is published (if any);

(f) in accordance with the Environmental Information Regulations 2004, information other than that required under any other sub-paragraph which is relevant to the decision and which only becomes available after the time the information required by this paragraph was first published;

(g) where, when and the means by which the application and the environmental statement may be inspected;

(h) how copies of the environmental statement may be obtained and the cost of such copies;

(i) the date by which any representations about the application must be made, which must not be before the last day of the period of 30 days beginning with the last date on which the environmental statement is published either on the website, in accordance with paragraph (3A) or in accordance with regulation 19 of the EIA Regulations;

(j) other details of the arrangements for public participation in the decision-making procedure including a description of the procedure for the publication of any additional information subsequently submitted by the applicant;

(k) how representations may be made about the application;

(l) details of the person or body responsible for taking the decision;

(m) that, in the case of a householder application or a minor commercial application, in the event of an appeal that proceeds by way of the expedited procedure, any representations made about the application will be passed to the Welsh Ministers and there will be no opportunity to make further representations.

(8) If the local planning authority have failed to satisfy the requirements of this article in respect of an application for planning permission at the time the application is referred to the Welsh Ministers under section 77 of the 1990 Act (reference of applications to Secretary of State) or any appeal to the Welsh Ministers is made under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) , this article will continue to apply as if such referral or appeal to the Welsh Ministers had not been made.

(9) Where paragraph (8) applies, when the local planning authority have satisfied the requirements of this article, they must inform the Welsh Ministers that they have done so.

(10) In this article—

“adjoining owner or occupier” (“perchennog neu feddiannydd cyffiniol”) means any owner or occupier of any land adjoining the land to which the application relates; and

“requisite notice” (“hysbysiad gofynnol”) means notice in the appropriate form set out in Schedule 3 or in a form substantially to the like effect.

(11) Paragraphs (1) to (6) apply to applications made to the Welsh Ministers under section 293A of the 1990 Act (urgent Crown development: application) as if the references to a local planning authority were references to the Welsh Ministers.

Notice of reference of applications to the Welsh Ministers

13

(1) On referring any application to the Welsh Ministers pursuant to a direction under section 77 of the 1990 Act (reference of applications to the Secretary of State), a local planning authority must as soon as reasonably practicable—

(a) serve on the applicant a notice of reference; and

(b) send to the Welsh Ministers a copy of the application file.

(2) The local planning authority must send a copy of the notice of reference to the Welsh Ministers at the same time as the notice is sent to the applicant.

(3) An applicant upon whom a notice of reference is served may choose to submit a full statement of case to the Welsh Ministers.

(4) An applicant who so chooses must send—

(a) the full statement of case so that it is received by the Welsh Ministers within 4 weeks beginning with the day on which the notice of reference is served;

(b) a copy of the full statement of case to the local planning authority at the same time as it is sent to the Welsh Ministers.

(5) In this article—

(a) “application file” (“ffeil y cais”) means the application together with accompanying documents and all correspondence with the local planning authority relating to the application; and

(b) “notice of reference” (“hysbysiad o atgyfeirio”) means a notice—

(i) informing the applicant that the application has been referred to the Welsh Ministers;

(ii) setting out the reasons given by the Welsh Ministers for issuing the direction; and

(iii) notifying the applicant that—

(aa) if the applicant so chooses, the applicant may submit a full statement of case to the Welsh Ministers;

(bb) if the applicant so chooses, the full statement of case must be received by the Welsh Ministers within 4 weeks beginning with the day on which the notice of reference is served; and

(cc) a copy of the full statement of case (if applicable) must be sent to the local planning authority at the same time as it is sent to the Welsh Ministers.

PART 3 — Consultation

Consultations before the grant of permission

14

(1) Before granting planning permission for development which, in their opinion, falls within a category set out in the Table in Schedule 4, a local planning authority must consult the authority, body or person mentioned in relation to that category, except where—

(a) the local planning authority are the authority, body or person so mentioned; or

(b) the authority, body or person so mentioned has advised the local planning authority that they do not wish to be consulted , or

(2) The exception in paragraph (1)(b) does not apply where, in the opinion of the local planning authority, development falls within paragraph (w) of the Table in Schedule 4.

(3) The Welsh Ministers may give directions to a local planning authority requiring that authority to consult any person or body named in the directions, in any case or class of case specified in the directions.

(4) Where, by or under this article, a local planning authority are required to consult any person or body (“the consultee”) before granting planning permission—

(a) they must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) they must not determine the application until at least 30 days in the case of an EIA application or 21 days in any other case after the date on which notice is given under sub-paragraph (a) or, if earlier, 30 days in the case of an EIA application or 21 days in any other case after the date of service of a copy of the application on the consultee by the applicant.

(5) The local planning authority must in determining the application take into account any representations received from a consultee.

Consultations before the grant of planning permission: urgent Crown development

15

(1) This article applies in relation to applications made to the Welsh Ministers under section 293A of the 1990 Act (urgent Crown development: application).

(2) Before granting planning permission for development which in the opinion of the Welsh Minsters, falls within a category set out in the Table in Schedule 4, the Welsh Ministers must consult the authority, body or person mentioned in relation to that category, except where—

(a) the Welsh Ministers are required to consult the authority so mentioned under section 293A(9)(a) of the 1990 Act;

(b) the authority, body or person so mentioned has advised the Welsh Ministers that they do not wish to be consulted; or

(c) the development is subject to any standing advice provided by the authority, body or person so mentioned to the Welsh Ministers in relation to the category of development.

(3) The exception in paragraph (2)(b) does not apply where in the opinion of the Welsh Ministers, development falls within paragraph (w) of the Table in Schedule 4.

(4) The exception in paragraph (2)(c) does not apply where—

(a) the development is an EIA development; or

(b) the standing advice was issued more than 2 years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority, body or person within that period.

(5) Where, by or under this article, the Welsh Ministers are required to consult any person or body (“the consultee”) before granting planning permission—

(a) the Welsh Ministers must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) the Welsh Ministers must not determine the application until at least 14 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 14 days after the date of service of a copy of the application on the consultee by the applicant.

(6) The Welsh Ministers must in determining the application, take into account any representations received from a consultee.

Representations by community councils before determination of applications

16

(1) Where the council of a community are given information in relation to an application pursuant to paragraph 2(1) of Schedule 1A to the 1990 Act (distribution of local planning authority functions: Wales) , they must, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and must make any representations to that authority within 14 days , (or 30 days in the case of an EIA application), of the notification to them of the application.

(2) A local planning authority must not determine any application in respect of which a community are required to be given information before—

(a) the council of the community inform them that they do not propose to make any representations;

(b) representations are made by that council; or

whichever occurs first; and in determining the application the authority must take into account any representations received from the council of the community.

(3) The local planning authority must notify the council of the community of the terms of the decision on any such application or, where the application is referred to the Welsh Ministers, of the date when it was so referred and, when notified to them, of the terms of the Welsh Ministers' decision.

(4) Where the council of a community are notified of an application during the emergency period, paragraphs (1) and (2)(c) have effect as if the references to 14 days were to 21 days.

(5) In paragraph (4), “the emergency period” has the meaning given by article 2G(2).

Notification of mineral applications

17

(1) Where notice has been given for the purposes of this article to a local planning authority as respects land which is in their area and specified in the notice—

(a) by the Coal Authority that the land contains coal;

(b) by the Oil and Gas Authority that it contains gas or oil; or

the local planning authority must not determine any application for planning permission to win and work any mineral on that land, without first notifying the body or person who gave the notice that an application has been made.

(2) In this article, “coal” (“glo”) means coal other than that—

(a) won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal; or

(b) which it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal.

PART 4 — Determination

Directions by the Welsh Ministers

18

(1) The Welsh Ministers may give directions restricting the grant of permission by a local planning authority, either indefinitely or during such a period as may be specified in the directions, in respect of any development or in respect of development of any class so specified.

(2) The Welsh Ministers may give directions that development which is both of a description set out in Column 1 of the Table in Schedule 2 to the EIA Regulations (descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”) and of a class described in the direction is EIA development for the purposes of those Regulations.

(3) A local planning authority must deal with applications for planning permission for development to which a direction given under this article applies in such manner as to give effect to the direction.

Development affecting certain existing and proposed highways

19

(1) Where an application is made to a local planning authority for planning permission for development which consists of or includes—

(a) the formation, laying out or alteration of any access to or from any part of a trunk road which is either a special road or, if not a special road, a road subject to a speed limit exceeding 40 miles per hour; or

(b) any development of land within 67 metres (or such other distance as may be specified in a direction given by the Welsh Ministers under this article) from the middle of—

(i) any highway (other than a trunk road) which the Welsh Ministers have provided, or are authorised to provide, in pursuance of an order under Part 2 of the Highways Act 1980 (trunk roads, classified roads, metropolitan roads, special roads) and which has not for the time being been transferred to any other highway authority;

(ii) any highway which the Welsh Ministers propose to improve under Part 5 of that Act (improvement of highways) and in respect of which notice has been given to the authority;

(iii) any highway to which the Welsh Ministers propose to carry out improvements in pursuance of an order under Part 2 of that Act; or

(iv) any highway which the Welsh Ministers propose to construct, the route of which is shown on the development plan or in respect of which the Welsh Ministers have given notice in writing to the relevant local planning authority together with maps or plans sufficient to identify the route of the highway,

the authority must notify the Welsh Ministers by sending to the Welsh Ministers a copy of the application and any accompanying plans and drawings.

(2) An application referred to in paragraph (1) must not be determined unless—

(a) the local planning authority receive a direction given under article 18 (and the authority must then determine the application in accordance with the terms of that direction);

(b) the authority receive notification by or on behalf of the Welsh Ministers that the Welsh Ministers do not propose to give any such direction in respect of the development to which the application relates; or

(c) a period of 28 days (or such longer period as may be agreed in writing between the authority and the Welsh Ministers) from the date when notification was given to the Welsh Ministers has elapsed without receipt of such a direction.

(3) The Welsh Ministers may, in respect of any case or any class or description of cases, give a direction specifying a different distance for the purposes of paragraph (1)(b).

(4) In this article—

“proposed highway” (“priffordd arfaethedig”) has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation) ;

“special road” (“ffordd arbennig”) means a highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980 (general provision as to special roads) ; and

“trunk road” (“cefnffordd”) means a highway or proposed highway which is a trunk road by virtue of sections 10(1) (general provision as to trunk roads) or 19 (certain special roads and other highways to become trunk roads) of the Highways Act 1980 or by virtue of an order or direction under section 10, or any other enactment or any instrument made under any enactment.

Development not in accordance with the development plan

20

A local planning authority may in such cases and subject to such conditions as may be prescribed by directions given by the Welsh Ministers under this Order grant permission for development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated.

Representations to be taken into account

21

(1) A local planning authority must, in determining an application for planning permission, take into account any representations made, where any notice of or information about the application has been—

(a) given by site display under article 10 or 12, within 21 days , or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case beginning with the date when the notice was first displayed by site display;

(b) served on or given to—

(i) an owner of the land or a tenant under article 10; or

(ii) an adjoining owner or occupier under article 12,

within 21 days beginning with the date when the notice was served on or given to that person, provided that the representations are made by any person who they are satisfied is such an owner, tenant or occupier; or

(c) published in a newspaper under article 10 or 12 or on a website under article 12, within the period of 14 days , or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case beginning with the date on which the notice or information was published,

and the representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the 1990 Act (consultations in connection with determinations under section 70) .

(2) A local planning authority must give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b)(i), and such notice is notice prescribed for the purposes of section 71(2)(b) of the 1990 Act.

(3) Paragraphs (1) and (2) apply to applications referred to the Welsh Ministers under section 77 of the 1990 Act (reference of applications to Secretary of State) and to applications made to the Welsh Ministers under section 293A(2) of the 1990 Act (urgent Crown development:application) and paragraphs (1)(b) and (2) apply to appeals to the Welsh Ministers made under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) , as if the reference to—

(a) a local planning authority were to the Welsh Ministers; and

(b) determining an application for planning permission were to determining such application or appeal, as the case may be.

Time periods for decisions

22

(1) Subject to paragraph (5), where a valid application has been received by a local planning authority, they must within the period specified or referred to in paragraph (2) give the applicant notice of their decision or determination or give notice that the application has been referred to the Welsh Ministers.

(1A) References in paragraph (1) to a valid application include references to that application as amended prior to the local planning authority determining the application.

(2) The period specified or referred to in this paragraph is—

(a) the period of eight weeks beginning with the date on which the application was received by the local planning authority;

(aa) in a case to which paragraph (1A) applies, the period of —

(i) 4 weeks beginning with the date on which the amendment to the application was received by the authority; or

(ii) 12 weeks beginning with the date on which the application to which the amendment relates is received by the authority

whichever is the later;

(b) except where the applicant has already given notice of appeal to the Welsh Ministers, such extended period as may be agreed in writing between the applicant and the authority; or

(c) where any fee required in respect of an application has been paid by a cheque which is subsequently dishonoured, the appropriate period specified in sub-paragraphs (a), (aa) or (b) calculated disregarding the period between the date when the authority sent the applicant written notice of the dishonouring of the cheque and the date when the authority are satisfied they have received the full amount of the fee.

(3) In this article “valid application” (“cais dilys”) means an application which consists of—

(a) an application which complies with the requirements of article 5;

(b) where an application is made in respect of Crown land, the documents required by article 6;

(ba) in a case to which article 2F applies, the pre-application consultation report required by that article;

(d) in a case to which article 9 applies, the written declaration required by that article;

(e) the certificate required by article 11;

(f) subject to paragraph (4), the particulars or evidence required by the local planning authority under section 62(3) of the 1990 Act (applications for planning permission) ; and

(g) any fee required to be paid in respect of the application and, for this purpose, lodging a cheque for the amount of the fee is to be taken as payment,

and a valid application must be taken to have been received when the application and such of the documents, particulars or evidence referred to above as are required to be included in or to accompany the application and any fee required have been lodged with the local planning authority.

(3A) An amendment to a valid application must be taken to have been received when the amendment and such of the documents included in or accompanying the amendment and any fee required have been lodged with the local planning authority.

(4) Paragraph (3)(f) only applies if—

(a) the application is for major development;

(b) before the application is made the local planning authority publish, for the purposes of paragraph (3), a list of requirements on their website; and

(5) A local planning authority must provide such information about applications made under article 4 or article 5 (including information as to the manner in which any such application has been dealt with) as the Welsh Ministers may by direction require. Any such direction may include provision as to the persons to be informed and the manner in which the information is to be provided.

(6) Subject to paragraph (7), a local planning authority must not determine an application for planning permission, where any notice of, or information about, the application has been—

(a) given by site display under article 10 or 12, before the end of the period of 21 days or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case beginning with the date when the notice was first displayed by site display;

(b) served on or given to—

(i) an owner of the land or a tenant under article 10, or

(ii) an adjoining owner or occupier under article 12,

before the end of the period of 21 days beginning with the date when the notice was served on or given to that person; or

(c) published in a newspaper under article 10 or 12 or on a website under article 12, within the period of 14 days or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case beginning with the date on which the notice or information was published,

and the periods in this paragraph are periods prescribed for the purposes of section 71(1) of the 1990 Act (consultations in connection with determinations under section 70) .

(7) Where, under paragraph (6), more than one of the prescribed periods applies, the local planning authority must not determine the application before the end of the later or latest of such periods.

Applications made under planning condition

23

(1) Where a valid application has been made to a local planning authority for any consent, agreement or approval required by a condition or limitation attached to a grant of planning permission (other than ... an application for approval under Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (development by electronic communications code operators) ), the authority must give notice to the applicant of their decision on the application within a period of 8 weeks beginning with the date on which the application was received by the authority, or such longer period as may be agreed by the applicant and the authority in writing.

(2) For the purpose of calculating the periods referred to in paragraph (1) where any fee required in respect of an application has been paid by a cheque which is subsequently dishonoured, the period between the date when the local planning authority sent the applicant written notice of the dishonouring of the cheque and the date when the authority are satisfied that they have received the full amount of the fee must be disregarded.

(3) In this article “valid application” (“cais dilys”) means an application which consists of—

(a) an application which includes the information and is accompanied by the documents or other materials required to comply with the terms of the planning permission in question;

(b) an application which complies with the requirements of article 4 where applicable; and

(c) any fee required to be paid in respect of the application and, for this purpose, lodging a cheque for the amount of the fee is to be taken as payment,

and a valid application must be taken to have been received when the application and such of the information, documents or other materials referred to above as are required to be included in or to accompany the application and any fee required have been lodged with the local planning authority.

(4) Where the local planning authority consider that any fee required to be paid in respect of the application has not been paid (save for where a cheque is dishonoured and paragraphs (2) and (3)(c) apply) they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice must inform the applicant of the amount of the fee required to be paid and how the fee can be paid.

(5) Where the local planning authority consider that section 62ZA(4) of the 1990 Act applies to the application they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice given in accordance with section 62ZA(4) of the 1990 Act must inform the applicant of—

(a) the right of appeal to the Welsh Ministers under section 62ZB of the 1990 Act, and

(b) the time limit in article 24C(2) within which the applicant must give notice of appeal.

Written notice of decision or determination relating to a planning application

24

(1) When the local planning authority give notice of a decision or determination on an application for planning permission or for approval of reserved matters and a permission or approval is either granted subject to conditions or the application is refused, the notice must—

(a) state clearly and precisely the full reasons for the refusal or for any condition imposed specifying all policies and proposals in the development plan which are relevant to the decision; and

(b) where the Welsh Ministers have given a direction restricting the grant of permission for the development for which application is made or where the Welsh Ministers or a United Kingdom Government Department have expressed the view that the permission should not be granted (either wholly or in part) or should be granted subject to conditions, give details of the direction or of the view expressed; and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 — Appeals

Notice of appeal

25

Articles 10 and 11 apply to any appeal to the Welsh Ministers under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) as they apply to applications for planning permission.

Appeals

26

(1) An applicant who wishes to appeal to the Welsh Ministers under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) must give notice of appeal to the Welsh Ministers by—

(a) serving on the Welsh Ministers ... a form obtained from the Welsh Ministers and a full statement of case, together with such of the documents specified in paragraph (3) as are relevant to the appeal; and

(b) serving on the local planning authority a copy of the form mentioned in paragraph (a), as soon as reasonably practicable, together with a copy of any relevant documents mentioned in paragraph (3)(a)(ii) or (3)(b)(v) and a copy of the full statement of case.

(2) For the purposes of section 78(3) of the 1990 Act the prescribed time within which an appeal must be made under section 78(1) of that Act is ...—

(a) in the case of a householder appeal or a minor commercial appeal, twelve weeks from the date of the notice of the decision or determination giving rise to the appeal;

(b) in the case of any other appeal under section 78(1), six months from—

(i) the date of the notice of the decision or determination giving rise to the appeal; or

(ii) in a case in which the local planning authority have served a notice on the applicant in accordance with article 3(2) that they require further information and the applicant has not provided the information, the date of service of that notice;

or such longer period as the Welsh Ministers may at any time allow.

(3) The documents mentioned in paragraph (1) are—

(a) in the case of a householder appeal or a minor commercial appeal—

(i) a copy of the application which was sent to the local planning authority which has occasioned the appeal;

(ii) any other plans, documents or drawings relating to the application which were not sent to the local planning authority, except any plans, documents or drawings relating to amendments to the application proposed after the local planning authority have made their determination; and

(iii) the notice of the decision or determination;

(b) in the case of any other appeal made under section 78—

(i) the application made to the local planning authority which has occasioned the appeal;

(ii) all plans, drawings and documents sent to the authority in connection with the application;

(iii) all correspondence with the authority relating to the application;

(iv) any certificate provided to the authority under article 11;

(v) any other plans, documents or drawings relating to the application which were not sent to the authority;

(vi) the notice of the decision or determination, if any;

(vii) if the appeal relates to an application for approval of certain matters in accordance with a condition on a planning permission, the application for that permission, the plans submitted with that application and the planning permission granted.

(c) where this paragraph specifies the planning permission granted and a revised version of the notice of the decision to grant planning permission has been issued by the authority in accordance with section 71ZA(5) of the 1990 Act and article 24A, it is to be read as specifying the revised version of the notice.

(4) The Welsh Ministers may refuse to accept a notice of appeal—

(a) under section 78(1) of the 1990 Act if the documents required under paragraphs (1) and (3) are not served on the Welsh Ministers within the time prescribed in paragraph (2);

(b) under section 78(2) of the 1990 Act if the documents required under paragraphs (1) and (3) are not served on the Welsh Ministers.

(5) The Welsh Ministers may provide, or arrange for the provision of, a website for use for such purposes as the Welsh Ministers think fit which—

(a) relate to appeals under section 78 of the 1990 Act and this article, and

(b) are capable of being carried out electronically.

(6) Where a person gives notice of appeal to the Welsh Ministers using electronic communications, the provisions of article 32 apply.

(7) In this article—

“householder appeal” (“apêl deiliad tŷ”) means an appeal under section 78(1)(a) of the 1990 Act in relation to a householder application but does not include—an appeal against the grant of any planning permission which is granted subject to conditions; oran appeal which is accompanied by an appeal under section 174 of the 1990 Act or under section 100 of the Historic Environment (Wales) Act 2023 (right to appeal against planning authority decision or failure to make decision);

“minor commercial appeal” (“apêl fasnachol fach”) means an appeal under section 78(1)(a) of the 1990 Act in relation to a minor commercial application but does not include—an appeal against the grant of any planning permission which is granted subject to conditions; oran appeal which is accompanied by an appeal under section 174 of the 1990 Act or under section 100 of the Historic Environment (Wales) Act 2023 (right to appeal against planning authority decision or failure to make decision).

PART 6 — Miscellaneous

Local development orders

27

(1) Where a local planning authority propose to make a local development order the authority must first prepare—

(a) a draft of the order; and

(b) a statement of the authority's reasons for making the order.

(2) The statement of reasons must contain—

(a) a description of the development which the order would permit; and

(b) a plan or statement identifying the land to which the order would relate.

(3) Where a local planning authority have prepared a draft local development order, the authority must consult, in accordance with paragraph (5), such of the following persons whose interests the authority considers would be affected by the order if made—

(a) a local planning authority or community council any part of whose area is in or adjoins the authority's area;

(b) the Natural Resources Body for Wales;

(d) the Welsh Ministers;

(e) any person—

(i) to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003 (application of the electronic communications code) ; and

(ii) who owns or controls electronic communications apparatus situated in any part of the authority's area;

(f) any of the following persons who exercise functions in any part of the authority's area—

(i) a Local Health Board ;

(ii) a person to whom a licence has been granted under section 6(1)(b) and (c) of the Electricity Act 1989 (licences authorising supply, etc) ;

(iii) a person to whom a licence has been granted under section 7(2) of the Gas Act 1986 (licensing of gas transporters) ;

(iv) a sewerage undertaker;

(v) a water undertaker;

(g) voluntary bodies some or all of whose activities benefit any part of the authority's area;

(h) bodies which represent the interests of different racial, ethnic or national groups in the authority's area;

(i) bodies which represent the interests of different religious groups in the authority's area;

(j) bodies which represent the interests of disabled persons in the authority's area;

(k) bodies which represent the interests of persons carrying on business in the authority's area.

(4) The local planning authority must also consult any person with whom they would have been required to consult on an application for planning permission for the development proposed to be permitted by the order.

(5) In consulting in accordance with paragraphs (3) and (4) the local planning authority must—

(a) send a copy of the draft order and the statement of reasons to the consultees;

(b) specify a consultation period of not less than 30 days; and

(6) A local planning authority must, during any consultation under paragraphs (3) and (4)—

(a) make a copy of the draft local development order , statement of reasons and any environmental statement available for inspection—

(i) at their principal office during normal working hours; and

(ii) at such other places within their area as they consider appropriate;

(b) publish on their website—

(i) the draft local development order , statement of reasons and any environmental statement;

(ii) a statement that those documents are available for inspection and the places where and times when they can be inspected; and

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