Paragraph 5

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 8 para. 2(6)(ab) substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 225(a)
Sch. 8 para. 8(2)(a) words omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 225(b)
Sch. 8 para. 1(1) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(a)
Sch. 8 para. 1(2) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(b)
Sch. 8 para. 1(3) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(c)

(1)

Where in accordance with paragraph 2(2) F1, 2A or 3(2) above a public inquiry is to be held and the application for consent relates to land in the areas of two or more relevant planning authorities—

(a)

the application shall not be the subject of a public inquiry in so far as it relates to land which is not within the area of a planning authority who have notified the F2appropriate authority that they object to the application, unless the appropriate authority otherwise directs having regard to objections by other persons of which F3the appropriate authority has notice; and

(b)

in so far as the application is to be the subject of a public inquiry in relation to land in the areas of two or more relevant planning authorities, the F4appropriate authority may direct that separate public inquiries shall be held;

and, where the F5appropriate authority gives any such directions, the provisions of paragraphs 2 to 4 above shall apply with the necessary modifications.

(2)

For the purposes of sub-paragraph (1)(a) above a relevant planning authority who have notified the F6appropriate authority that they object to the application shall be treated as not having done so if the appropriate authority proposes to accede to the application subject to such modifications or conditions as will give effect to the objection.

Annotations

Textual amendments

F1: Word in Sch. 8 para. 5(1) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 10(2)(a) (with s. 116)
F2: Words in Sch. 8 para. 5(1)(a) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 10(2)(b)(i) (with s. 116)
F3: Words in Sch. 8 para. 5(1)(a) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 10(2)(b)(ii) (with s. 116)
F4: Words in Sch. 8 para. 5(1)(b) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 10(2)(c) (with s. 116)
F5: Words in Sch. 8 para. 5(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 10(2)(d) (with s. 116)
F6: Words in Sch. 8 para. 5(2) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 10(3) (with s. 116)

Notes on Schedule 8

Textual amendments

F1: Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

Modifications

C1: Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
C2: Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
C3: Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)
C4: Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)