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