Paragraph 1 Procedure for article 4(1) directions without immediate effectF1
Unless paragraph 2 applies, notice of any direction made under article 4(1) of this Order must, as soon as practicable after the direction has been made, be given by the local planning authority—
by local advertisement;
by site display for a period of not less than 6 weeks—
at no fewer than 2 locations within the area to which the direction relates, or
if the direction is made under article 4(1)(b), on the site of the particular development to which the direction relates; and
by serving the notice on the owner and occupier of every part of the land within the area or site to which the direction relates, but this is subject to sub-paragraph (2).
The local planning authority need not serve notice on an owner or occupier in accordance with sub-paragraph (1)(c), if they consider that—
individual service on that owner or occupier is impracticable because it is difficult to identify or locate that person, or
the number of owners or occupiers within the area to which the direction relates makes individual service impracticable, but this is subject to sub-paragraph (3).
Sub-paragraph (2) does not apply where the owner or occupier is a statutory undertaker or the Crown.
The notice referred to in sub-paragraph (1) must—
include a description of the development and the area or site to which it relates,
include a statement of the effect of the direction,
specify that the direction is made under article 4(1),
name a place where a copy of the direction, and a copy of a map defining the area or site to which it relates, may be seen during normal working hours,
specify a period of at least 21 days, stating the date on which that period begins, within which any representations concerning the direction may be made to the local planning authority, and
specify the date on which it is proposed that the direction will take effect, which must be at least 28 days but no longer than 2 years after the date specified under paragraph (e).
Where a notice given by site display is, without any fault or intention of the local planning authority, removed, obscured, or defaced before the end of the period specified under sub-paragraph (4)(e), the authority is treated as having complied with that sub-paragraph if they have taken reasonable steps for the protection of the notice, including, if need be, its replacement.
The local planning authority must send a copy of the direction and the notice under sub-paragraph (1), and a copy of a map defining the area or site to which it relates, to the Welsh Ministers on the same day that notice of the direction is first published or displayed in accordance with sub-paragraph (1).
The direction takes effect on the date specified in accordance with sub-paragraph 4(f) but only if it is confirmed by the local planning authority in accordance with sub-paragraphs (8) and (9).
In deciding whether to confirm a direction made under article 4(1) the local planning authority must take into account any representations received during the period specified under sub-paragraph 4(e).
The local planning authority must not confirm a direction until after the later of—
a period of at least 28 days beginning with the latest day any notice relating to the direction was served or published, or
such longer period as may be specified by the Welsh Ministers following the notification of the direction by the local planning authority to the Welsh Ministers.
The local planning authority must, as soon as practicable after a direction has been confirmed—
give notice of confirmation and the date on which the direction takes effect, in accordance with sub paragraph (11), and
send a copy of the direction as confirmed to the Welsh Ministers.
Notice under sub-paragraph 10(a) must be given in the manner described in sub-paragraphs (1) and (4)(a) to (c); and sub-paragraphs (2) and (3) apply for this purpose as they apply for the purpose of sub-paragraph (1)(c).
A local planning authority may, by making a subsequent direction, withdraw any direction made by them under article 4(1).
The Welsh Ministers may make a direction withdrawing or varying any direction under article 4(1) made by a local planning authority or by the Welsh Ministers, at any time before or after its confirmation.
Sub-paragraphs (1) to (11) apply in relation to any direction made under sub-paragraph (12) by a local planning authority unless the direction it is withdrawing is a direction to which paragraph 2 applied.
Paragraphs 2(2) and (4) to (7) apply in relation to any direction made by a local planning authority under sub-paragraph (12) withdrawing a direction to which paragraph 2 applied.
The Welsh Ministers must notify the local planning authority as soon as practicable after making a direction under article 4(1) or sub-paragraph (13).
Sub-paragraphs (1) to (3) and (4)(a) to (c) apply to any direction made under sub-paragraph (13) by the Welsh Ministers.
A direction made under sub-paragraph (13) by the Welsh Ministers takes effect —
on the date on which the notice is served under sub-paragraph (1)(c) on the occupier, or if there is no occupier, on the owner; or
if sub-paragraph (2) applies, on the date on which the notice was first advertised or displayed in accordance with sub-paragraph (1).
Annotations
Textual amendments
- F1
Sch. 2A inserted (W.) (20.10.2022) by The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(4)
Notes on the whole SI
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))