Explanatory note

Section 194 of the Planning Act 2008 confers on the Welsh Ministers the power to amend Schedule 4 to the Welsh Development Agency Act 1975 (“the 1975 Act”) so as to authorise the Welsh Ministers to override easements and other rights restricting the use of land which they have acquired under section 21A of the 1975 Act. The Welsh Ministers can do this only if the use is in accordance with planning permission. Under paragraph 6 of Schedule 4 to the 1975 Act it is already possible for the Welsh Ministers to override easements and other rights restricting the execution of works on such land.

In the exercise of that power, the Welsh Ministers, by this Order, amend paragraph 6 of Schedule 4 to the 1975 Act.

This Order applies in relation to Wales.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.