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The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

W.S.I. 2012/801 · Made 10 March 2012 · Extends to England and Wales

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TOWN AND COUNTRY PLANNING, WALES

Made 10 March 2012

Laid before the National Assembly for Wales 13 March 2012

Coming into force 30 April 2012

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59, 61(1), 61A, 62, 65, 69, 71, 74, 77, 78, 79(4), 188, 193, 196(4), 293A and 333(7) of, and paragraphs 1 and 2 of Schedule 1A, and Schedule 4A to, the Town and Country Planning Act 1990 M1 now exercisable by them M2 and in exercise of the powers conferred on the National Assembly for Wales by sections 88 and 122(3) of the Planning and Compulsory Purchase Act 2004 M3, also now exercisable by them M4, make the following Order:C1C2

Annotations to the whole text

Marginal citations

M1

1990 c. 8. Section 61A(5) was inserted by section 40(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”). Section 62 was substituted by section 42(1) of the 2004 Act. Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”) and amended by section 40 of, and paragraph 35 of the Schedule to, the Agricultural Tenancies Act 1995 (c. 8). Section 69 was substituted by section 118 of, and paragraphs 1 and 3 of Schedule 6 to, the 2004 Act and amended by section 190 of the Planning Act 2008 (c. 29) (“the 2008 Act”) (see section 69(9) for the definition of “prescribed”); section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the 1991 Act (see section 71(4) for the definition of “prescribed”). Section 74 was amended by sections 19(1) and 84(6) of, and paragraph 17 of Schedule 7 and Part I of Schedule 19 to, the 1991 Act, section 77(4) was amended by section 32 of, and paragraph 18 of Schedule 7 to, the 1991 Act, section 78 was amended by section 17(2) of the 1991 Act, sections 40(2)(e) and 43(2) of the 2004 Act and section 196(4) of, and paragraphs 1 and 3 of Schedule 10 to, the 2008 Act (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and section 197 of, and paragraphs 1 and 2 of Schedule 11 to, the 2008 Act. Section 79(4) was amended by section 32 of, and paragraph 19 of Schedule 7 to, the 1991 Act. Section 188 was amended by section 84 of, and paragraph 30 of Schedule 7 and Part I of Schedule 19 to the 1991 Act. Section 193 was substituted by section 10(1) of the 1991 Act, section 196(4) was amended by section 32 of, and paragraph 33 of Schedule 7 to, the 1991 Act, section 293A was inserted by section 82(1) of the 2004 Act, paragraphs 1 and 2 of Schedule 1A were inserted by section 18(7) of, and Schedule 4 to, the Local Government (Wales) Act 1994 (c. 19). Schedule 4A was inserted by section 40(4) of, and Schedule 1 to, the 2004 Act.

M2

The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Town and Country Planning Act 1990 and see section 118(3) of the 2004 Act.

M3

2004 c. 5

M4

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

Modifications

C1

Order applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 2 (with regs. 1(3), 47)

C2

Order modified (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(2)(a) (with regs. 1(4), 55(2)(3), 63, 65)

Contents

  1. Part 1: Preliminary
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 2ADevelopment to include certain internal operations
  5. Part 1A: Pre-application consultation
  6. 2BRequirement to carry out pre-application consultation
  7. 2CPublicity before applying for planning permission
  8. 2DConsultation before applying for planning permission
  9. 2EDuty to respond to pre-application consultation: specialist consultees
  10. 2FPre-application consultation reports
  11. 2GCoronavirus: temporary modifications of this Part
  12. Part 2: Applications
  13. 3Applications for outline planning permission
  14. 4Applications for approval of reserved matters
  15. 5Applications for planning permission
  16. 6Applications in respect of Crown land
  17. 7Design and access statements
  18. 8General provisions relating to applications
  19. 9Declaration to accompany applications to a local planning authority for planning permission for certain electronic communications development
  20. 10Notices of applications for planning permission
  21. 11Certificates in relation to notices of applications for planning permission
  22. 12Publicity for applications for planning permission
  23. 13Reference of applications to the Welsh Ministers
  24. Part 3: Consultation
  25. 14Consultations before the grant of permission
  26. 15Consultations before the grant of planning permission: urgent Crown development
  27. 15ZAConsultations before the grant of section 73 applications
  28. 15ADuty to respond to consultation
  29. 15BDuty to respond to consultation: annual reports
  30. 15CConsultation in respect of certain applications relating to planning permission; time periods
  31. 15DInformation to be provided by local planning authority
  32. 15ESubstantive response to consultation
  33. 15FAnnual reports – compliance with consultation requirements
  34. 16Representations by community councils before determination of applications
  35. 17Notification of mineral applications
  36. Part 4: Determination
  37. 18Directions by the Welsh Ministers
  38. 19Development affecting certain existing and proposed highways
  39. 20Development not in accordance with the development plan
  40. 21Representations to be taken into account
  41. 22Time periods for decisions
  42. 23Applications made under planning condition
  43. 24Written notice of decision or determination relating to a planning application
  44. 24ARevised notice of decision to grant planning permission
  45. 24BNotification of initiation of development and display of notice
  46. Part 5: Appeals
  47. 24CAppeals against notice of non-validation
  48. 25Notice of appeal under section 78 of the 1990 Act
  49. 26Appeals under section 78 of the 1990 Act
  50. 26AAppeal made under section 78 of the 1990 Act: Functions of a local planning authority
  51. 26BAppeals under section 195 of the 1990 Act
  52. 26CVariation of applications after notice of appeal
  53. Part 6: Miscellaneous
  54. 27Local development orders
  55. 28Certificate of lawful use or development
  56. 28AApplications for non-material changes to planning permission
  57. Part 7: Monitoring
  58. 29Register of applications and local development orders
  59. 30Register of enforcement and stop notices
  60. Part 8: General
  61. 31Directions
  62. 32Use of electronic communications
  63. 33Revocations, transitional provisions and savings
  64. Signature
  65. Schedule 1Acknowledgement of Application
  66. Schedule 1A: Minor Commercial Development Uses
  67. 1Shops
  68. 2Financial and professional services
  69. 3Food and drink
  70. Schedule 1BPUBLICITY AND CONSULTATION BEFORE APPLYING FOR PLANNING PERMISSION
  71. Schedule 1CCONSULTATION BEFORE APPLYING FOR PLANNING PERMISSION
  72. Schedule 1DPUBLICITY AND CONSULTATION BEFORE APPLYING FOR PLANNING PERMISSION: NOTICE TO BE GIVEN DURING EMERGENCY PERIOD
  73. Schedule 2Notices under Articles 10 and 25
  74. Schedule 3Publicity for applications for planning permission
  75. Schedule 4Consultations before the grant of permission
  76. Paragraph
  77. Schedule 5: Notification where planning permission refused or granted subject to conditions
  78. Paragraph
  79. Paragraph
  80. Appeals to the Welsh Ministers
  81. Purchase Notices
  82. Schedule 5ASchedule 5A
  83. Schedule 5BSchedule 5B
  84. Schedule 6Notice under Article 27
  85. Schedule 7Certificate of Lawful Use or Development
  86. Schedule 8STATUTORY INSTRUMENTS REVOKED
  87. Explanatory note