Paragraph BA4 Prior approval under Class BAF1F2
Where a developer is required to apply to the local planning authority for prior approval as a result of a determination under paragraph BA.3—
the local planning authority may require the developer to submit such information, including assessment of impacts or risks, as the authority may reasonably require to determine the application;
where the application relates to prior approval as to transport and highways impacts of the development, on receipt of the application, if, in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—
the highway authority for the trunk road, where the increase or change relates to traffic entering or leaving a trunk road,
the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority, and
the operator of the network which includes or consists of the railway in question, and the Welsh Ministers, where the increase or change relates to traffic using a level crossing over a railway;
before granting prior approval on an application made under this paragraph the local planning authority may consult authorities or persons falling within a category set out in the table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012;
where a local planning authority consults any authority or person (“the consultee”) under sub-paragraph (c), the authority must not determine the application until at least 21 days after the date on which notice is given to the consultee;
the local planning authority must, in determining the application, have due regard to any representations received from a consultee;
the local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter requiring prior approval.
Annotations
Textual amendments
- F1
Order revoked (E.) (15.4.2015) by The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596), art. 1(1), Sch. 4 para. 1 (with arts. 1(2), 8(2)(3))
- F2
Sch. 2 Pt. 4 Class BA inserted (W.) (1.6.2026) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026 (W.S.I. 2026/79), arts. 1(2), 3(3)