{
  "url": "https://openlegislation.uk/planning-wales-act-2015-commencement-no-3-and-transitional-provisions-order-2016/article-17",
  "json_url": "https://openlegislation.uk/planning-wales-act-2015-commencement-no-3-and-transitional-provisions-order-2016/article-17.json",
  "legislation": "wsi/2016/52",
  "legislation_title": "The Planning (Wales) Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2016",
  "legislation_url": "https://openlegislation.uk/planning-wales-act-2015-commencement-no-3-and-transitional-provisions-order-2016",
  "path": "article/17",
  "kind": "article",
  "number": "17",
  "heading": "Transitional provisions",
  "text": "(1) The amendments made by those paragraphs of Schedule 5 to the 2015 Act listed in article 4 do not apply to proceedings instituted before 1 March 2016.\n(2) For the purposes of paragraph (1) “instituted” (“a gychwynnir”) means—\n(a) in relation to section 121 of the Highways Act 1980, the question of whether the withholding of a consent is unreasonable or whether any requirement is reasonable falls to be determined by the Welsh Ministers;\n(b) in relation to section 28F of the Wildlife and Countryside Act 1981, an appeal reaches the Welsh Ministers;\n(c) in relation to section 28L of the Wildlife and Countryside Act 1981, an appeal is made under section 28L(1);\n(d) in relation to Schedule 15 of the Wildlife and Countryside Act 1981, an order is submitted to the Welsh Ministers for confirmation under paragraph 7 of that Schedule;\n(e) in relation to section 175 of the 1990 Act, written notice of appeal under section 174 of the 1990 Act is given;\n(f) in relation to section 196 of the 1990 Act, notice of appeal under section 195 of the 1990 Act is served;\n(g) in relation to section 208 of the 1990 Act, written notice of appeal is given or sent;\n(h) in relation to section 320 of the 1990 Act, a local inquiry is caused to be held;\n(i) in relation to proceedings to which section 322 of the 1990 Act applies or would but for paragraph 13 of Schedule 5 to the 2015 Act have applied, the application or reference is made or notice of appeal is given;\n(j) in relation to proceedings to which section 322A of the 1990 Act applies or would but for paragraph 14 of Schedule 5 to the 2015 Act have applied, the Welsh Ministers are required to make arrangements for a hearing or inquiry to be held or arrangements are made for a hearing or inquiry in accordance with section 319B of the 1990 Act;\n(k) in relation to an appeal under the 1990 Act to which Schedule 6 of that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry;\n(l) in relation to Schedule 8 to the 1990 Act, a reference to the Planning Inquiry Commission is made by the Welsh Ministers;\n(m) in relation to section 41 of the Planning (Listed Buildings and Conservation Areas) Act 1990, notice of appeal under section 39 of that Act is given;\n(n) in relation to an appeal under the Planning (Listed Buildings and Conservation Areas) Act 1990 to which Schedule 3 to that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry;\n(o) in relation to section 25 of the Planning (Hazardous Substances) Act 1990, an appeal is made under that section; and\n(p) in relation to an appeal under the Planning (Hazardous Substances) Act 1990 to which the Schedule to that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2016/52/article/17",
    "retrieved_at": "2026-10-28T23:31:40.719464+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}