{
  "url": "https://openlegislation.uk/planning-wales-act-2026/schedule-12/paragraph-6",
  "json_url": "https://openlegislation.uk/planning-wales-act-2026/schedule-12/paragraph-6.json",
  "legislation": "asc/2026/6",
  "legislation_title": "Planning (Wales) Act 2026",
  "legislation_url": "https://openlegislation.uk/planning-wales-act-2026",
  "path": "schedule/12/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Action to be taken by the Welsh Ministers on rejection of purchase notice by planning authority",
  "text": "(1) This paragraph applies where a copy of a purchase notice is sent to the Welsh Ministers under paragraph 5(6).\n(2) If the Welsh Ministers are satisfied that the conditions in section 110(3) or 213(3) (as appropriate) are met in relation to the land to which the purchase notice relates, they must confirm the notice; but this is subject to the following provisions of this paragraph and to paragraph 7.\n(3) Instead of confirming the purchase notice, the Welsh Ministers may—\n(a) in the case of a notice served in consequence of a refusal of planning permission for any development, grant planning permission for the development;\n(b) in the case of a notice served in consequence of a grant of planning permission for any development subject to conditions, vary or remove those conditions so far as they consider necessary to enable the land to which the notice relates to be made usable by carrying out the development;\n(c) in the case of a notice served in consequence of an order under section 102 revoking planning permission, revoke the order;\n(d) in the case of a notice served in consequence of an order under that section modifying planning permission for any development by imposing conditions, vary or remove those conditions so far as they consider necessary to enable the land to which the notice relates to be made usable by carrying out the development;\n(e) in the case of a notice served in consequence of a discontinuance order, revoke the order or amend the order so far as they consider necessary to prevent it making the land unusable.\n(4) Sub-paragraph (5) applies if the Welsh Ministers consider that the land to which the purchase notice relates, or any part of it, could be made usable within a reasonable time by carrying out any other development for which planning permission ought to be granted.\n(5) Instead of confirming the notice in relation to the land or that part of it, the Welsh Ministers may direct that, if an application is made for planning permission for that development, it must be granted.\n(6) In considering whether to exercise any of the powers conferred by sub-paragraphs (3) and (5), the Welsh Ministers must—\n(a) have regard to the development plan for the area in which the land to which the purchase notice relates is situated and any other relevant considerations, and\n(b) make their decision in accordance with the development plan unless other relevant considerations indicate otherwise.\n(7) The planning permission that may be granted under sub-paragraph (3) is any planning permission that could be granted on an application under Part 3 of this Act.\n(8) Schedule 3 (conditions relating to mining operations and depositing of waste) applies, with any necessary modifications, in relation to a planning permission granted by the Welsh Ministers under that sub-paragraph as it applies in relation to a planning permission granted by a planning authority.\n(9) See also Chapter 9 of Part 3 of this Act for provision requiring planning permission to be granted subject to conditions relating to the duration and implementation of the permission.\n(10) In confirming a purchase notice the Welsh Ministers may, if they consider it appropriate having regard to the probable ultimate use of the land to which the notice relates, modify the notice in relation to all or any part of the land by substituting another local authority or statutory undertaker for the planning authority on which the notice was served.\n(11) If the Welsh Ministers are not satisfied that the conditions in section 110(3) or section 213(3) (as appropriate) are met in relation to the land to which a purchase notice relates, they must refuse to confirm the notice.",
  "extent": "E+W",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 6 not in force at Royal Assent, see s. 409(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asc/2026/6/schedule/12/paragraph/6",
    "retrieved_at": "2026-10-29T20:17:37.107863+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."
}