The Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2025
W.S.I. 2025/400 · Made 26 March 2025
Town And Country Planning, Wales
Made 26 March 2025
Laid before Senedd Cymru 31 March 2025
Coming into force 21 April 2025
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59(1), (2)(b) and (3)(a) and 74(1)(c) of the Town and Country Planning Act 1990f1 and now exercisable by themf2, and in exercise of the powers conferred on them by sections 61Z(8) and (9), 62R and 333(5B) of that Actf3, make the following Order.
Annotations to the whole text
Footnotes
- f1
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1990 c. 8 (“the 1990 Act”). Section 59 was amended by section 27 of, and paragraphs 1 and 3 of Schedule 4 to, and section 55 of, and paragraph 5 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw 4) (“the 2015 Act”) and by section 1(2) of, and paragraphs 1 and 4 of Schedule 1 to, the Growth and Infrastructure Act 2013 (c. 27). There are amendments to section 74 which are not relevant to this instrument.
- f2
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The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the 1990 Act as substituted by S.I. 2000/253. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). See also section 59(4) of the 1990 Act which provides that a development order in relation to Wales means a development order made by the Welsh Ministers.
- f3
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Section 61Z was inserted by section 17(1) and (2) of the 2015 Act. Section 333(5B) was inserted by section 55 of, and paragraph 6(5) of Schedule 7 to the 2015 Act.
Contents
- 1Title, coming into force and interpretation
- 2Amendment of the 2012 Order
- 3Amendment of the 2016 Order
- Signature
- Explanatory note
1Title, coming into force and interpretation
The title of this Order is the Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2025.
It comes into force on 21 April 2025.
2Amendment of the 2012 Order
Schedule 4 to the 2012 Order is amended as follows.
In the table, for row (x) substitute—
“
(x) Development –
(i) On land within Rivers and Sea – Flood Zone 2;
(ii) On land within Rivers and Sea – Flood Zone 3;
(iii)On land within TAN 15 Defended Zones.
The Natural Resources Body for Wales ”
Under the heading “Interpretation of Table”, for paragraph (n) substitute—
“(n)in paragraph (x)–
“Rivers and Sea – Flood Zone 2” (“Afonydd a’r Môr – Parth Llifogydd 2”) means an area with less than a 1 in 100 chance of flooding from rivers and less than 1 in 200 chance of flooding from the sea but greater than 1 in 1000 chance of flooding from rivers and the sea in a given year, including climate change;
“Rivers and Sea – Flood Zone 3” (“Afonydd a’r Môr – Parth Llifogydd 3”) means an area with a greater than 1 in 100 chance of flooding from rivers in a given year, including climate change, and a greater than 1 in 200 chance of flooding from the sea in a given year, including climate change;
“TAN 15 Defended Zones” (“Parthau Amddiffynedig TAN 15”) means areas where flood risk management infrastructure provides a minimum standard of protection against flooding of 1 in 100 from rivers and 1 in 200 from the sea (plus climate change and freeboard) as set out in the Flood Map for Planning published by Natural Resources Walesf1”.
3Amendment of the 2016 Order
Schedule 5 to the 2016 Order is amended as follows.
In the table, for row (u) substitute—
“
(u) Development –
(i) On land within Rivers and Sea – Flood Zone 2;
(ii) On land within Rivers and Sea – Flood Zone 3;
(iii) On land within TAN 15 Defended Zones.
The Natural Resources Body for Wales ”
Under the heading “Interpretation of Table”, for paragraph (j) substitute—
“in paragraph (u)—
(i)“Rivers and Sea – Flood Zone 2” (“Afonydd a’r Môr – Parth Llifogydd 2”) means an area with less than 1 in 100 chance of flooding from rivers and less than 1 in 200 chance of flooding from the sea but greater than 1 in 1000 chance of flooding from rivers and the sea in a given year, including climate change;
(ii)“Rivers and Sea – Flood Zone 3” (“Afonydd a’r Môr – Parth Llifogydd 3”) means an area with a greater than 1 in 100 chance of flooding from rivers in a given year, including climate change, and a greater than 1 in 200 chance of flooding from the sea in a given year, including climate change;
(iii)“TAN 15 Defended Zones” (“Parthau Amddiffynedig TAN 15”) means areas where flood risk management infrastructure provides a minimum standard of protection against flooding of 1 in 100 from rivers and 1 in 200 from the sea (plus climate change and freeboard) as set out in the Flood Map for Planning published by Natural Resources Wales”.
Signature
Rebecca Evans
Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers
26 March 2025
Explanatory note
(This note is not part of the Order)
This Order amends the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (“the 2012 Order”) and the Developments of National Significance (Procedure) (Wales) Order 2016 (“the 2016 Order”) in relation to pre-application consultation and consultation before the grant of planning permission.
Article 2 amends the table in Schedule 4 to the 2012 Order (consultations before the grant of planning permission) to substitute the category of development at risk of flooding on which the Natural Resources Body for Wales are to be consulted (article 2(2) and (3)).
Article 3 amends the table in Schedule 5 to the 2016 Order (duty to consult before grant of planning permission) to substitute the category of development at risk of flooding on which the Natural Resources Body for Wales are to be consulted (article 3(2) and (3)).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.