Explanatory note

This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (“the 1995 Order”). Article 3 of, and Schedule 2 to the 1995 Order confer permitted development rights in respect of certain development. Where such rights are conferred, no application for planning permission is required.

Article 4 of the 1995 Order permits local planning authorities and the Welsh Ministers to direct that any or particular development permitted under article 3 of the 1995 Order is not to apply in relation to a specified area. Article 2(2) of this Order amends article 4 of the 1995 Order.

Articles 2(2)(b) and (d) omit articles 4(2) and (5).

Article 2(2)(e) inserts paragraph (5A) which introduces a new Schedule 2A. Schedule 2A sets out new procedures which must be followed in making, varying or withdrawing any direction that is made under article 4(1). In addition, Schedule 2A introduces two types of direction: a direction with immediate effect and a direction without immediate effect.

Article 2(3) omits articles 5 and 6 of the 1995 Order.

Article 2(5) amends Part 3 (changes of use) of Schedule 2 to the 1995 Order by inserting two new classes, Class I and Class J.

Class I introduces a number of new permitted development rights for unlimited changes of use, including mixed uses, between use Class C3 (Dwellinghouses, used as sole or main residences); use Class C5 (Dwellinghouses, used otherwise than as sole or main residences) and use Class C6 (Short-term lets). The permitted development is subject to limitations.

Class J introduces a number of new permitted development rights from use as a betting office to use within Class A1(shops); or Class A2 (financial and professional services); or mixed use of either Class A1 or Class A2, plus a single flat. Class J also permits a change of use from a mixed use as a betting office and a single flat to use within Class A1 or Class A2, or a mixed use of either Class A1 or Class A2, plus a single flat, and to use as a betting office. The permitted development is subject to limitations.

Article 3(2) amends the Town and Country Planning (Compensation) (Wales) (No. 2) Regulations 2014 (S.I. 2014/2693 (W. 268)) (“the 2014 Regulations”) by adding a new class of development into the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways provided in the 2014 Regulations. The new rights in Class I permit various changes of use, as inserted into Part 3 of Schedule 2 to the 1995 Order by article 2(5) of this Order.

The practical effect of the 2014 Regulations is that when permitted development rights identified in regulation 2 are withdrawn by issuing a direction under article 4 of the 1995 Order, compensation is only payable in respect of applications made within 12 months beginning on the date the direction took effect.

The matters prescribed in regulations 3 and 4 of the 2014 Regulations relate to planning permission granted by development order and provide a mechanism for the permitted development rights identified in regulation 2 to be withdrawn without compensation being payable, provided the prescribed procedures are followed as to the manner of withdrawal, the manner of publishing the withdrawal and the maximum period of notice that may be given in respect of withdrawal. Regulation 5 makes similar provision regarding withdrawal of permitted development rights granted by a local development order.

Articles 3(3) and (4) make minor consequential amendments to the 2014 Regulations.

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 in relation to this Order. A copy may be obtained from the Planning Division of the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales .