OpenLegislation

Schedule Notices to statutory and specialist consultees

Original text. Later amendments are not shown.

Column 1Column 2Column 3Column 4
ParagraphDescription of DevelopmentRelevant Statutory ConsulteeRelevant Specialist Consultee
(a)All applications

Natural Resources Wales

The relevant water and sewerage undertaker

National Air Traffic Services

Ministry of Defence

Public Health Wales

Transport for Wales

Canal and River Trust

Distribution Network

Operators

(b)

Development likely to result in a material increase in the volume or material change in the character of traffic—

(i) entering or leaving a trunk road;

(ii) using a level crossing over a railway

The Welsh Ministers

The operator of the network which includes or consists of the railway in question

(c)Development which involves the provision of a building or pipeline in an area of coal working notified by the Coal Authority to the Welsh MinistersThe Coal Authority
(d)
  1. (i)

    Development which has a physical impact on a scheduled monument,

  2. (ii)

    Development likely to be visible from a scheduled monument and which meets one of the following criteria—

  3. (aa)

    it is within a distance of 0.5 km from any point of the perimeter of a scheduled monument,

  4. (bb)

    it is within a distance of 1 km from the perimeter of a scheduled monument and is 15 metres or more in height, or has an area of 0.2 hectares or more,

  5. (cc)

    it is within a distance of 2 km from the perimeter of a scheduled monument and is 50 metres or more in height, or has an area of 0.5 hectares or more,

  6. (dd)

    it is within a distance of 3 km from the perimeter of a scheduled monument and is 75 metres or more in height, or has an area of 1 hectare or more, or

  7. (ee)

    it is within a distance of 5 km from the perimeter of a scheduled monument and is 100 metres or more in height, or has an area of 1 hectare or more,

  8. (iii)

    Development likely to affect the site of a registered historic park or garden or its setting,

  9. (iv)

    Development within a registered historic landscape that requires an Environmental Impact Assessment,

  10. (v)

    Development likely to have an impact on the outstanding universal value of a World Heritage Site

The Welsh Ministers
(e)Development involving any land on which there is a theatreThe Theatres Trust
(f)

Development which involves —

(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

(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
(g)

Development which—

(i) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field, or

(ii) is on land which has been:

(aa) used as a playing field at any time in the years before the making of the relevant application and which remains undeveloped,

(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

(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
(h)

Development—

(i) involving waste development,

(ii) involving the provision of a building where the floor space to be created by the development is 1,000 square metres or more,

(iii) carried out on a site having an area of 1 hectare or more

The Fire and Rescue Authority concerned
(i)Development that includes a requirement for a deemed marine licence

The Crown Estate

The Joint Nature Conservation Committee

The Maritime and Coastguard Agency

Trinity House

Reserved Trust Ports

Local harbour authority

Local ports

Welsh Ministers

Royal Commission on Ancient and Historic Monuments of Wales

Inshore Fisheries and Conservation Authorities

The Royal Yachting Association

Concerned Welsh archaeological trust

UK Chamber of Shipping

National Federation of Fishermen’s Organisations

Welsh Fishermen’s Association

(j)Developments likely to affect the maritime or coastal environment, or the shipping industryThe Maritime and Coastguard Agency
(k)Development which may impact the marine environmentJoint Nature Conservation Committee
(l)Development which may affect the marine environment within English territorial watersThe Marine Management Organisation
(m)Developments likely to affect navigation in tidal watersTrinity House
(n)Development relating to airports or which are likely to affect an airport or its current or future operationThe Civil Aviation Authority
(o)Development likely to affect the Crown Estate or is located on Crown LandThe Crown Estate
(p)Development likely to affect an area under control of a harbour authority

Harbour Authority concerned

Navigation Authority concerned

Associated British Ports

(q)Development which includes railway or is likely to affect railwayNetwork operators
(r)Development which includes the provision of electricity infrastructureDistribution Network Operators

Interpretation of Table

In the above Table—

  1. (a)

    in paragraph (b)—

  • “network” (“rhwydwaith”) and “operator” (“gweithredwr”) have the same meaning as in section 83(1) of the Railways Act 1993f1 (the provision of railway services);

  • “trunk road” (“cefnffordd”) has the same meaning as in section 143 of the 2024 Act;

  1. (b)

    in paragraph (d)—

  • “scheduled monument” (“heneb gofrestredig”) has the same meaning as in section 3(7) of the Historic Environment (Wales) Act 2023f2 (duty to maintain and publish schedule of monuments);

  • Reference to the height of development is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the development in question, or where the level of the surface of the ground on which it is situated is not uniform, the level of the highest part of the surface immediately adjacent to it;

  • “registered historic park or garden” (“parc hanesyddol cofrestredig neu ardd hanesyddol gofrestredig”) and “registered historic landscape” (“tirwedd hanesyddol gofrestredig”) means the park, garden or landscape included in the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales maintained by the Welsh Ministers;

  • “World Heritage Site” (“Safle Treftadaeth y Byd”) means land appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972;

  1. (c)

    in paragraph (e), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976f3 (interpretation);

  1. (d)

    in paragraph (g)—

  • “playing field” (“maes chwarae”) means the whole of a site which encompasses at least one playing pitch;

  • “playing pitch” (“llain chwarae”) means a delineated area which, together with run-off area, is of 0.2 hectares or more and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo;

  1. (e)

    in paragraphs (i) and (p) “harbour authority” has the meaning given in section 143 of the 2024 Act;

  1. (f)

    in paragraph (n) “airport” has the meaning given in section 143 of the 2024 Act;

  1. (g)

    in paragraph (r) “Distribution Network Operators” means companies licensed to operate the networks that distribute electricity from the national transmission grid to end users.

Annotations

Footnotes

f1

1993 c. 43.

f2

2023 asc 3.

f3

1976 c. 27.