LegalizeThe Developments of National Significance (Procedure) (Wales) Order 2016
Made: 27 January 2016
Laid before the National Assembly for Wales: 2 February 2016
Coming into force in accordance with article 1
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PART 1 — Preliminary
Title, commencement and application
1
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Interpretation
2
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Electronic communications
3
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Representation period
4
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PART 2 — Pre-application
Notification of proposed development
5
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Acceptance of notification of proposed development
6
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Requirement to carry out pre-application consultation
7
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Publicity before applying for planning permission
8
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Consultation before applying for planning permission
9
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Duty to respond to pre-application consultation: specialist consultees
10
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Pre-application consultation reports
11
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PART 3 — Applications
Applications: general requirements
12
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Applications in respect of Crown land
13
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Design and access statements
14
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Acceptance of applications
15
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Notices of applications for planning permission
16
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Certificates in relation to notices of applications
17
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Publicity for applications for planning permission: Welsh Ministers
18
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Publicity for applications for planning permission: local planning authority
19
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Register of applications
20
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Representations received by the local planning authority in respect of applications
21
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PART 4 — Consultations before the grant of permission
Duty to consult before the grant of permission
22
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Duty to respond to consultation
23
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Duty to respond to consultation: annual reports
24
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PART 5 — Reports
Local impact reports
25
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Voluntary local impact reports
26
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PART 6 — Variation of applications
Procedure in respect of variation of applications
27
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PART 7 — Determination and notification of initiation of development
Representations to be taken into account
28
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Written notice of decision relating to an application
29
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Revised notice of decision to grant planning permission
30
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Notification of initiation of development and display of notice
31
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PART 8 — Amendment to 2012 Order
Amendment to the 2012 Order
32
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SCHEDULE 1 — Publicity and consultation before applying for planning permission
SCHEDULE 2
SCHEDULE 3 — Notices under Article 16
SCHEDULE 4 — Publicity for applications
SCHEDULE 5 — Duty to consult before the grant of permission
| Paragraph | Description of Development | Specialist Consultee |
|---|---|---|
| (a) | Development within an area which has been notified to the Welsh Ministers by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances (otherwise than on a relevant nuclear site) and which involves the provision of— | The Health and Safety Executive |
| (a) | (i) more than 500 square metres of office floor space; or | The Health and Safety Executive |
| (a) | (ii) more than 750 square metres of floor space to be used for an industrial process,or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area | The Health and Safety Executive |
| (b) | Development within an area which has been notified to the Welsh Ministers by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of— | The Office for Nuclear Regulation |
| (b) | (i) more than 500 square metres of office floor space; or | The Office for Nuclear Regulation |
| (b) | (ii) more than 750 square metres of floor space to be used for an industrial process,or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area | The Office for Nuclear Regulation |
| (c) | Development likely to result in a material increase in the volume or a material change in the character of traffic— | |
| (i) entering or leaving a trunk road; or | The Welsh Ministers | |
| (ii) using a level crossing over a railway | The operator of the network which includes or consists of the railway in question, and the Welsh Ministers | |
| (d) | Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway | The local highway authority concerned |
| (e) | Development likely to prejudice the improvement or construction of a classified road or proposed highway | The local highway authority concerned |
| (f) | Development which involves the provision of a building or pipe-line in an area of coal working notified by the Coal Authority to the Welsh Ministers | The Coal Authority |
| (g) | Development involving or including mining operations | The Natural Resources Body for Wales |
| (h) | Development likely to affect the site of a scheduled monument | The Welsh Ministers |
| (i) | Development involving the carrying out of works or operations in the bed of or on the banks of a river or stream | The Natural Resources Body for Wales |
| (j) | Development for the purpose of refining or storing mineral oils and their derivatives | The Natural Resources Body for Wales |
| (k) | Development involving the use of land for the deposit of refuse or waste | The Natural Resources Body for Wales |
| (l) | Development relating to the retention, treatment or disposal of sewage, trade-waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than ten people will normally reside, work or congregate, and works ancillary thereto) | The Natural Resources Body for Wales |
| (m) | Development affecting the use of land as a cemetery | The Natural Resources Body for Wales |
| (n) | Development— | The Natural Resources Body for Wales |
| (n) | (i) in or likely to affect a site of special scientific interest; or | The Natural Resources Body for Wales |
| (n) | (ii) within an area which has been notified to the Welsh Ministers by the Natural Resources Body for Wales and which is within two kilometres, of a site of special scientific interest,of which notification has been given, or has effect as if given, to the Welsh Ministers by the Natural Resources Body for Wales, in accordance with section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest)[^f00027] | The Natural Resources Body for Wales |
| (o) | Development involving any land on which there is a theatre | The Theatres Trust |
| (p) | Development which is not for agricultural purposes, is not in accordance with the provisions of a development plan and involves— | The Welsh Ministers |
| (p) | (i) the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or | The Welsh Ministers |
| (p) | (ii) the loss of less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, in circumstances in which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more | The Welsh Ministers |
| (q) | Development within 250 metres of land which— | The Natural Resources Body for Wales |
| (q) | (i) is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and | The Natural Resources Body for Wales |
| (q) | (ii) has been notified to the Welsh Ministers by the Natural Resources Body for Wales for the purposes of this provision | The Natural Resources Body for Wales |
| (r) | Development which— | The Sports Council for Wales[^f00028] |
| (r) | (i) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or | The Sports Council for Wales[^f00028] |
| (r) | (ii) is on land which has been: | The Sports Council for Wales[^f00028] |
| (r) | (aa) used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped; or | The Sports Council for Wales[^f00028] |
| (r) | (bb) allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement; or | The Sports Council for Wales[^f00028] |
| (r) | (iii) involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface | The Sports Council for Wales[^f00028] |
| (s) | Development likely to affect— | The Canal & River Trust |
| (s) | (i) any inland waterway (whether natural or artificial) or reservoir owned or managed by the Canal & River Trust; or | The Canal & River Trust |
| (s) | (ii) any canal feeder channel, watercourse, let off or culvert, | The Canal & River Trust |
| (s) | which is within an area which has been notified for the purposes of this provision to the Welsh Ministers by the Canal & River Trust | The Canal & River Trust |
| (t) | Development— | (a) The control of major accident hazards competent authority; and (b) in relation to development falling within paragraph (iii), any person who is the person in control of the land on which any existing establishment in question is located either— (i) according to the register held by the hazardous substances authority under regulation 22 of the Planning (Hazardous Substances) (Wales) Regulations 2015[^f00029]; or (ii) where the control of major accident hazards competent authority has notified the local planning authority pursuant to regulation 34(3) of those Regulations. |
| (t) | (i) involving the siting of new establishments; | (a) The control of major accident hazards competent authority; and (b) in relation to development falling within paragraph (iii), any person who is the person in control of the land on which any existing establishment in question is located either— (i) according to the register held by the hazardous substances authority under regulation 22 of the Planning (Hazardous Substances) (Wales) Regulations 2015[^f00029]; or (ii) where the control of major accident hazards competent authority has notified the local planning authority pursuant to regulation 34(3) of those Regulations. |
| (t) | (ii) consisting of modifications to existing establishments covered by Article 11 of Directive 2012/18/EU[^f00030]; or | (a) The control of major accident hazards competent authority; and (b) in relation to development falling within paragraph (iii), any person who is the person in control of the land on which any existing establishment in question is located either— (i) according to the register held by the hazardous substances authority under regulation 22 of the Planning (Hazardous Substances) (Wales) Regulations 2015[^f00029]; or (ii) where the control of major accident hazards competent authority has notified the local planning authority pursuant to regulation 34(3) of those Regulations. |
| (t) | (iii) which is new, including transport routes, locations of public use and residential areas in the vicinity of existing establishments, where the siting or development may be the source of or increase the risk or consequences of a major accident | (a) The control of major accident hazards competent authority; and (b) in relation to development falling within paragraph (iii), any person who is the person in control of the land on which any existing establishment in question is located either— (i) according to the register held by the hazardous substances authority under regulation 22 of the Planning (Hazardous Substances) (Wales) Regulations 2015[^f00029]; or (ii) where the control of major accident hazards competent authority has notified the local planning authority pursuant to regulation 34(3) of those Regulations. |
Interpretation of Table
In the above Table—
- (a) in paragraphs (a) and (b)—
- “floor space” (“arwynebedd llawr”) means the total floor space in a building or buildings;
- “industrial process” (“proses ddiwydiannol”) means a process for or incidental to any of the following purposes— the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this sub-paragraph, “mine” (“mwynglawdd”) means any site on which mining operations are carried out);
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