Planning (Wales) Act 2026 / Deddf Cynllunio (Cymru) 2026
Planning (Wales) Act 2026 / Deddf Cynllunio (Cymru) 2026 (2026 c. 6)
- Planning (Wales) Act 2026 / Deddf Cynllunio (Cymru) 2026 (2026 c. 6)
- PART 1 INTRODUCTORY PROVISIONS
- CHAPTER 1 INTRODUCTION AND OVERVIEW
- 1 Introduction to this Act
- 2 Overview of this Act
- CHAPTER 2 “DEVELOPMENT” AND RELATED DEFINITIONS
- 3 Meaning of “development”
- 4 Building, engineering and mining operations
- 5 Uses of land that involve a material change
- 6 Operations and changes in use that are not development
- CHAPTER 3 PLANNING AUTHORITIES
- 7 The planning authority for an area
- 8 Power to designate joint planning area and establish joint planning board
- 9 Joint planning areas and National Parks
- PART 2 THE DEVELOPMENT PLAN
- CHAPTER 1 INTRODUCTORY
- 10 Meaning of “the development plan” for an area
- 11 Sustainable development
- CHAPTER 2 NATIONAL DEVELOPMENT FRAMEWORK FOR WALES
- 12 Duty to prepare and publish National Development Framework
- 13 Preparation of Framework: statement of public participation
- 14 Procedure for preparation and publication of Framework
- 15 Review and revision of Framework
- CHAPTER 3 STRATEGIC AND LOCAL PLANNING: MAIN FUNCTIONS OF AUTHORITIES
- Strategic planning by corporate joint committees
- 16 Survey of corporate joint committee’s area
- 17 Duty to prepare strategic development plan
- Local planning by planning authorities
- 18 Survey of planning authority’s area
- 19 Duty to prepare local development plan
- CHAPTER 4 STRATEGIC AND LOCAL DEVELOPMENT PLANS: PROCEDURE
- Introduction
- 20 Meaning of “plan” and “plan-making authority”
- Preparation and adoption of plans
- 21 Preparation of plan: procedure and delivery agreement
- 22 Sustainability appraisal
- 23 Independent examination
- 24 Adoption of plan
- Intervention by the Welsh Ministers and withdrawal of plans before adoption
- 25 Power to direct authority to modify plan
- 26 Power to direct authority to submit plan for approval
- 27 Power to direct authority to withdraw plan
- 28 Withdrawal of plan in absence of direction
- 29 Default powers of the Welsh Ministers
- Representations about plans
- 30 Exclusion of certain representations relating to highways and new towns
- Review, revision, revocation and monitoring of plans after adoption or approval
- 31 Duty to consider whether to review plan
- 32 Review of plan
- 33 Revision of plan
- 34 Revocation of plan
- 35 Annual monitoring report
- Joint local development plans
- 36 Joint exercise of functions by planning authorities
- 37 End of joint arrangements between planning authorities
- Costs of independent examinations of plans
- 38 Power to require plan-making authority to pay costs of independent examination
- CHAPTER 5 GENERAL
- 39 Urban development corporations
- 40 Guidance
- 41 Regulations about exercise of functions relating to plans
- PART 3 PLANNING PERMISSION
- CHAPTER 1 INTRODUCTORY
- Overview
- 42 Overview of this Part
- Requirement for planning permission
- 43 Planning permission required for development
- CHAPTER 2 PLANNING PERMISSION GRANTED BY ORDER
- 44 Power of the Welsh Ministers to grant permission by development order
- 45 Power of planning authority to grant permission by local development order
- 46 Completion of development after withdrawal of permission granted by order
- CHAPTER 3 PLANNING PERMISSION GRANTED ON APPLICATION: INTRODUCTORY
- 47 Grant of planning permission on application
- 48 Outline planning permission
- 49 Planning permission for development already carried out
- 50 Planning permission for development without complying with previous conditions
- 51 Sustainable development duty
- CHAPTER 4 PRE-APPLICATION PROCEDURE
- 52 Requirement for applicant to carry out pre-application consultation and publicity
- 53 Pre-application services provided by planning authority or the Welsh Ministers
- 54 Pre-application services: records and statement of services
- CHAPTER 5 APPLYING FOR PLANNING PERMISSION AND RELATED APPROVALS
- Requirements for applications to planning authorities
- 55 Application for planning permission to be made to planning authority
- 56 Application for planning permission, approval of reserved matters etc.: general requirements
- 57 Application for planning permission: design and access statement and pre-application consultation report
- 58 Notice of application for planning permission or approval of reserved matters
- Failure to comply with requirements for applications
- 59 Planning authority not to consider invalid application
- 60 Planning authority to give notice that application is not valid
- 61 Right to appeal against notice of invalidity
- 62 Determination of appeal against notice
- CHAPTER 6 DEALING WITH APPLICATIONS
- Procedure for dealing with applications
- 63 Procedure for dealing with applications: general
- 64 Requirement to respond to consultation
- 65 Notifying community councils of applications
- Determination of applications and conditions of planning permission
- 66 General considerations relevant to determination of applications
- 67 Grant or refusal of planning permission and imposition of conditions
- 68 Determining applications to develop without compliance with previous conditions
- 69 Decision notices
- Cases where planning authorities do not deal with applications made to them
- 70 Power to refuse to consider similar applications
- 71 Power to refuse to consider application made after issue of enforcement notice
- 72 Reference of application to the Welsh Ministers
- Appeals to the Welsh Ministers
- 73 Right to appeal against planning authority decision or failure to make decision
- 74 Procedure for making appeal
- 75 Restriction on varying application after service of notice of appeal
- 76 Decision on application after service of notice of appeal
- 77 Determination of appeal
- CHAPTER 7 APPLICATIONS FOR PLANNING PERMISSION AND RELATED APPROVALS: SPECIAL CASES
- Optional applications to the Welsh Ministers
- 78 Option to make application to the Welsh Ministers
- 79 Designation of planning authority for the purposes of section 78
- 80 Option to make application to the Welsh Ministers: connected applications
- 81 Powers to impose requirements in relation to applications to the Welsh Ministers
- 82 Procedure for dealing with planning applications made to the Welsh Ministers
- 83 Pre-application services and determination of applications: functions of inspectors
- The Crown
- 84 Applications by the Crown
- 85 Applications relating to urgent Crown development
- Combination of applications
- 86 Combination of applications for planning permission with other applications
- CHAPTER 8 PLANNING PERMISSION FOR DEVELOPMENT WITH GOVERNMENT AUTHORISATION
- 87 Authorisation for development by local authorities and statutory undertakers
- 88 Consent for electricity generating stations and electric lines
- 89 Orders under the Transport and Works Act 1992
- 90 Application of this Act to planning permission granted under this Chapter
- CHAPTER 9 EFFECT, DURATION AND IMPLEMENTATION OF PLANNING PERMISSION
- Effect of planning permission
- 91 Benefit of planning permission
- 92 Permission to erect a building: purposes for which building may be used
- Duration of planning permission
- 93 Condition about period within which development must start
- 94 Conditions of outline planning permission
- 95 Breach of condition about period within which development must start etc.
- 96 Duration of minerals permission
- Implementation of planning permission
- 97 Notice of starting and carrying out development
- Termination of planning permission where development has not been completed
- 98 Power to make termination order
- Interpretation
- 99 Time when development starts
- CHAPTER 10 CHANGES TO PLANNING PERMISSION
- Non-material changes to planning permission
- 100 Power of planning authority to make non-material change to planning permission
- 101 Further provision about applications for non-material changes
- Modification and revocation of planning permission
- 102 Power to make order modifying or revoking planning permission
- Reviews of planning permission for minerals development
- 103 Giving effect to minerals permissions relating to dormant sites
- 104 Periodic review of minerals permissions
- CHAPTER 11 COMPENSATION AND PURCHASE OF INTERESTS IN LAND
- Compensation for changes to planning permission
- 105 Compensation for refusal or conditional grant of planning permission previously granted by order
- 106 Compensation where planning permission is modified or revoked
- 107 Compensation for changes to planning permission: supplementary provision
- 108 Apportionment and recovery of compensation for depreciation
- 109 Compensation for changes to planning permission for minerals development
- Right to require purchase of interest in land
- 110 Service of purchase notice where planning permission is refused, revoked or made conditional
- CHAPTER 12 REGISTER
- 111 Register of local development orders, planning applications etc.
- PART 4 ENFORCEMENT
- Introductory
- 112 Expressions used in connection with enforcement
- 113 Time limits for taking enforcement action
- Investigatory powers
- 114 Power of planning authority to serve enforcement investigation notice
- 115 Offence of failing to comply with enforcement investigation notice
- 116 Powers to enter land for enforcement purposes
- 117 Warrant to enter land
- 118 Supplementary provision about powers of entry
- Enforcement warning notices
- 119 Power of planning authority to issue enforcement warning notice
- Temporary stop notices
- 120 Power of planning authority to issue temporary stop notice
- 121 Restrictions on power to issue temporary stop notice
- 122 Duration etc. of temporary stop notice
- 123 Offence of breaching temporary stop notice
- 124 Compensation for loss or damage caused by temporary stop notice
- Breach of condition notices
- 125 Power of planning authority to serve breach of condition notice
- 126 Offence of failing to comply with breach of condition notice
- 127 Effect of grant of planning permission or removal of condition on breach of condition notice
- Enforcement notices
- 128 Power of planning authority to issue enforcement notice
- 129 Service, taking effect etc. of enforcement notice
- 130 Variation and withdrawal of enforcement notice
- Appeals against enforcement notices
- 131 Right to appeal against enforcement notice
- 132 Determination of appeal: general
- 133 Grant of planning permission etc. on determination of appeal
- 134 Issue of certificate of lawfulness on determination of appeal
- Compliance with enforcement notices
- 135 Order to permit steps required by enforcement notice
- 136 Power to enter land and take steps required by enforcement notice
- 137 Recovery of costs of compliance with enforcement notice
- 138 Offences of failing to comply with enforcement notice
- 139 Assurance that person is not at risk of prosecution for offence under section 138
- Further provisions about effect of enforcement notices
- 140 Grounds for appeal not to be raised in other proceedings
- 141 Effect of grant of planning permission on enforcement notice
- 142 Deemed planning permission where enforcement notice is complied with
- 143 Continuing effect of enforcement notice in relation to later development
- Enforcement by the Welsh Ministers
- 144 Power of the Welsh Ministers to issue enforcement notice
- Stop notices
- 145 Power of planning authority to issue stop notice
- 146 Restrictions on power to issue stop notice
- 147 Service and display of stop notice
- 148 Withdrawal of stop notice
- 149 Duration and effect of stop notice
- 150 Power of the Welsh Ministers to issue stop notice
- 151 Offence of breaching stop notice
- 152 Compensation for loss or damage caused by stop notice
- Injunctions
- 153 Injunctions restraining breaches of planning control
- Register
- 154 Register of enforcement notices, other enforcement action and stop notices
- PART 5 CERTIFICATES OF LAWFULNESS
- 155 Expressions relating to lawfulness
- 156 Certificate of lawfulness of existing use or development
- 157 Certificate of lawfulness of proposed use or development
- 158 Further provision about applications for certificates of lawfulness
- 159 Further provision about certificates of lawfulness
- 160 Right to appeal against refusal of application or failure to make decision
- 161 Restriction on varying application after service of notice of appeal
- 162 Determination of appeal
- 163 Revocation of certificate of lawfulness
- 164 Offence of making false statement etc. to influence outcome of application or appeal
- PART 6 OBLIGATIONS RELATING TO DEVELOPMENT AND USE OF LAND
- CHAPTER 1 PLANNING OBLIGATIONS
- 165 Planning obligations
- 166 Enforcement of planning obligations
- 167 Modification and discharge of planning obligations
- 168 Appeals relating to applications to modify or discharge planning obligations
- 169 Legal challenges relating to applications made to the Welsh Ministers or Secretary of State
- 170 Interpretation of this Chapter
- CHAPTER 2 COMMUNITY INFRASTRUCTURE LEVY
- The levy
- 171 CIL regulations
- 172 Charging for development
- 173 Use of CIL: funding infrastructure
- Liability for CIL
- 174 Terms relating to liability
- 175 Assuming liability
- 176 Default liability for CIL
- 177 Time when liability arises
- 178 Liability in other cases
- 179 Further provision about liability for CIL
- Exemptions and reductions
- 180 Exemptions and reductions: general
- 181 Charities: exemption from liability
- 182 Exemptions and reductions: procedure
- Amount of CIL
- 183 Charging schedule
- 184 Estimate of amount
- 185 Appeals relating to calculation of CIL
- Collection of CIL
- 186 Collection and payment of CIL
- Enforcement of CIL
- 187 Enforcement: general
- 188 Consequences of failure to comply
- 189 Interest and penalties
- 190 Power to stop development
- 191 Powers of entry
- 192 Offences
- 193 Registration or notification of liability
- Compensation
- 194 Compensation: loss or damage as a result of enforcement action
- Use of CIL payments
- 195 Funding by CIL
- 196 CIL funding: lists
- 197 Duty to pass CIL to other persons
- 198 Duty to pass on CIL: further provision
- 199 Use of CIL in area to which duty to pass on CIL does not apply
- Reviews and appeals
- 200 Reviews and appeals
- Procedure
- 201 Power to make further provision about procedures
- Guidance
- 202 Guidance
- Relationship with other powers
- 203 Relationship with other powers
- General
- 204 CIL regulations: general
- 205 Interpretation of this Chapter
- PART 7 OTHER POWERS RELATING TO USE OR CONDITION OF LAND
- CHAPTER 1 POWERS TO REQUIRE DISCONTINUANCE OF USE OF LAND ETC.
- Discontinuance orders
- 206 Power to make discontinuance order
- 207 Planning permission granted by discontinuance order
- Prohibition orders and protection orders
- 208 Power to make prohibition order or protection order
- Enforcement of orders
- 209 Powers to enter land, take steps required by order and recover costs
- 210 Offence of failing to comply with order
- Compensation and purchase of interests in land
- 211 Compensation for damage caused by discontinuance order
- 212 Compensation for effects of orders relating to minerals
- 213 Service of purchase notice following making of discontinuance order
- CHAPTER 2 LAND ADVERSELY AFFECTING AMENITY OF NEIGHBOURHOOD
- Maintenance of land notices
- 214 Power of planning authority to issue maintenance of land notice
- Appeals against maintenance of land notices
- 215 Right to appeal against maintenance of land notice
- 216 Determination of appeal
- 217 Grounds for appeal not to be raised in other proceedings
- Enforcement of maintenance of land notices
- 218 Order to permit steps required by maintenance of land notice
- 219 Powers to enter land, take steps required by maintenance of land notice and recover costs
- 220 Offence of failing to comply with maintenance of land notice
- PART 8 CONTROL OF ADVERTISEMENTS
- Control of advertisements regulations
- 221 Control of advertisements regulations
- 222 Consent for the display of advertisements
- 223 Restricting the display of advertisements where express consent is not ordinarily required
- 224 Appeals
- 225 Changing or revoking consent
- 226 Compensation
- 227 Control of advertisements regulations: supplementary
- 228 Power to make different provision for different areas, including areas of special control
- Deemed planning permission for display of advertisements
- 229 Deemed planning permission for advertisements displayed in accordance with regulations
- Enforcement of regulations
- 230 Offence of displaying advertisement in breach of regulations
- 231 Power to remove or obliterate placard and poster
- 232 Compensation for damage caused in removing or obliterating placard or poster
- PART 9 PRESERVATION OF TREES AND WOODLANDS
- CHAPTER 1 TREE PRESERVATION ORDERS AND WOODLAND PRESERVATION ORDERS ETC.
- General duty of planning authorities
- 233 Planning permission to include provision for preservation and planting of trees
- Tree preservation orders and woodland preservation orders
- 234 Power of planning authority to make tree preservation order
- 235 Power of planning authority to make woodland preservation order
- 236 Power of the Welsh Ministers to make tree preservation orders and woodland preservation orders
- Tree preservation regulations
- 237 Tree preservation regulations: general
- 238 Interests of amenity: factors to be taken into account
- 239 Making, varying or revoking tree preservation orders and woodland preservation orders
- 240 Activities that may be prohibited
- 241 Consent for prohibited activities and appeals
- 242 Compensation
- 243 Registers of information relating to tree preservation orders and woodland preservation orders
- 244 Tree preservation regulations: restriction relating to felling licences under the Forestry Act 1967
- Replacement of trees
- 245 Replacement of trees: tree preservation orders
- 246 Replacement of trees: woodland preservation orders
- CHAPTER 2 TREES IN CONSERVATION AREAS
- 247 Preservation of trees in conservation areas
- 248 Replacement of trees in conservation areas
- 249 Register of notices of intention to carry out works
- CHAPTER 3 ENFORCEMENT
- Enforcement of prohibition on works
- 250 Offences of breaching tree preservation provisions
- 251 Injunction restraining breach of tree preservation provisions
- Enforcement of requirement to replace trees
- 252 Power of planning authority to issue tree replacement notice
- 253 Variation of tree replacement notice
- 254 Right to appeal against tree replacement notice
- 255 Determination of appeal
- 256 Order to permit trees to be planted
- 257 Power to enter land and plant trees
- 258 Recovery of costs of planting trees
- Powers of entry
- 259 Powers to enter land without warrant
- 260 Warrant to enter land
- 261 Supplementary provisions about powers of entry
- PART 10 ACQUISITION AND APPROPRIATION OF LAND FOR PLANNING PURPOSES ETC.
- Powers of relevant local authority to acquire land for planning purposes
- 262 Acquisition of land by agreement for planning purposes
- 263 Compulsory acquisition of land for planning purposes
- Power of local authority to appropriate land forming part of common or allotment
- 264 Appropriation of land forming part of common or allotment for another purpose
- Appropriation, disposal and development of land held by local authority for planning purposes
- 265 Land to which sections 266 to 268 apply
- 266 Appropriation of land held for planning purposes
- 267 Disposal of land held for planning purposes
- 268 Development and use of land held for planning purposes
- Removal of restrictions on obtaining possession of dwellings
- 269 Power of local authority to obtain possession of dwellings let under certain tenancies
- Joint body to hold land acquired by local authority for planning purposes
- 270 Power of the Welsh Ministers to establish joint body to hold land acquired for planning purposes
- Acquisition and disposal of land by the Welsh Ministers
- 271 Compulsory acquisition of land by the Welsh Ministers
- 272 Disposal of land acquired under section 271
- Ending of certain rights on compulsory acquisition of land
- 273 Ending of rights relating to land acquired compulsorily under this Part
- Removal of restrictions on use of open spaces, burial grounds etc.
- 274 Meaning of “relevant acquisition” and “relevant appropriation”
- 275 Development and use of commons, open spaces and allotments
- 276 Development and use of burial grounds
- 277 Development and use of land connected to religious worship other than burial grounds
- 278 Further provision about regulations under sections 276 and 277
- General
- 279 Interpretation of this Part
- PART 11 HIGHWAYS
- CHAPTER 1 HIGHWAYS AFFECTED BY DEVELOPMENT
- Stopping up and diversion of highways: powers of the Welsh Ministers
- 280 Stopping up or diversion of highway to enable development
- 281 Stopping up or diversion of highway crossing or entering route of new highway
- 282 Procedure before grant of planning permission
- 283 Further provision about orders under sections 280 and 281
- 284 Orders under section 281: stopping up of private means of access
- 285 Compensation where private means of access is stopped up
- Pedestrianisation of highways: powers of the Welsh Ministers
- 286 Pedestrianisation of highway to improve amenity
- 287 Revocation of order for pedestrianisation of highway
- 288 Further provision about orders under sections 286 and 287
- 289 Compensation where highway is pedestrianised
- Further powers where orders are made by the Welsh Ministers
- 290 Compulsory acquisition of land in connection with order
- 291 Ending of rights of statutory undertakers and network operators
- 292 Electronic communications apparatus affected by order
- Stopping up or diversion of public paths: powers of planning authorities
- 293 Stopping up or diversion of public path to enable development
- 294 Confirmation of order made by planning authority
- 295 Electronic communications apparatus affected by order
- Mineral working: temporary orders
- 296 Temporary stopping up or diversion for surface working of minerals
- CHAPTER 2 ENDING RIGHTS OF WAY OVER LAND HELD FOR PLANNING PURPOSES
- Powers of the Welsh Ministers
- 297 Power of the Welsh Ministers to end right of way over land held for planning purposes
- 298 Compulsory acquisition of land to provide alternative right of way
- 299 Concurrent proceedings relating to orders and acquisitions
- Powers of local authorities
- 300 Power of local authority to end right of way over public path on land held for planning purposes
- Electronic communications apparatus
- 301 Electronic communications apparatus affected by order
- CHAPTER 3 GENERAL
- 302 Interpretation of this Part
- PART 12 STATUTORY UNDERTAKERS ETC.
- Interpretation of terms relating to statutory undertakers
- 303 Meaning of “statutory undertaker” and “statutory undertaking”
- 304 Meaning of “operational land”: statutory undertakers generally
- 305 Meaning of “operational land”: Civil Aviation Authority and air traffic licensees
- 306 Meaning of “operational land”: universal postal service providers
- 307 Meaning of “operational land”: supplementary provision
- 308 Meaning of “the appropriate Minister” etc.
- Development and use of land of statutory undertakers
- 309 Applications for planning permission by statutory undertakers
- 310 Conditional grant of planning permission
- 311 Modification or revocation of planning permission
- 312 Discontinuance orders, prohibition orders and protection orders
- 313 Display of advertisements on operational land
- Statutory undertakers and network operators: ending of rights and removal of apparatus
- 314 Removal notices: ending rights over land etc. of statutory undertakers and network operators
- 315 Removal notices: withdrawal or taking effect
- 316 Powers of statutory undertakers or network operators to enter land to remove or re-site apparatus
- Extending or modifying statutory undertakers’ functions
- 317 Orders to extend or modify statutory undertakers’ functions
- Relieving statutory undertakers of impracticable obligations
- 318 Orders to relieve statutory undertakers of impracticable obligations
- Compensation
- 319 Right to compensation for effects of certain planning decisions and orders
- 320 Rights to compensation for ending rights over land etc.
- 321 Assessing compensation
- 322 Statutory undertakers’ power to exclude section 321
- PART 13 BLIGHTED LAND
- Key terms
- 323 Key terms
- Blight notices
- 324 Notice requiring purchase of blighted land
- Counter-notices
- 325 Counter-notice objecting to blight notice
- 326 Grounds of objection to a blight notice
- 327 Grounds of objection: further provision
- 328 Further counter-notice where certain proposals come into force
- 329 Reference of objection to Upper Tribunal: general
- 330 Effect of objection where no reference is made to Upper Tribunal
- Blight notices where no objection or where upheld by the Upper Tribunal
- 331 Effect of blight notice
- 332 Blight notice in respect of part of hereditament or unit
- Effect of Grounds 2, 3 and 4 on compulsory acquisition powers
- 333 Effect on powers of compulsory acquisition where no intention to acquire
- 334 Effect on powers of compulsory acquisition where intention to acquire part
- Blight notice requiring purchase of unaffected area of agricultural unit
- 335 Requirement to purchase parts of agricultural units unaffected by blight
- 336 Additional ground of objection to blight notice including requirement to purchase unaffected area
- 337 Upper Tribunal: objection to blight notice including requirement to purchase unaffected area
- 338 Effect of blight notice including requirement to purchase unaffected area
- 339 Effect of blight notice where claim in respect of unaffected area withdrawn or rejected
- 340 Effect of blight notice where claim in respect of unaffected area and part of affected area withdrawn or rejected
- Withdrawal of blight notice
- 341 Withdrawal of blight notice
- Compensation: special cases
- 342 Compensation: cases where prospect of planning permission to be ignored
- 343 Compensation: listed buildings in need of repair
- 344 Compensation: blight notice including claim in respect of unaffected area
- Personal representatives
- 345 Powers of personal representatives in respect of blight notice served before death
- 346 Power of personal representative to serve blight notice
- 347 Grounds of objection to blight notice served by personal representative
- Mortgagees
- 348 Power of mortgagee to serve blight notice
- 349 Grounds of objection to blight notice served by mortgagee
- Prohibition on simultaneous blight notices
- 350 Prohibition on service of simultaneous notices under sections 324, 346 and 348
- Partnerships
- 351 Partnerships: special provision
- Powers to acquire land where blight notice served
- 352 Power of the Welsh Ministers to acquire land identified by National Development Framework for Wales
- 353 Power of the Welsh Ministers to acquire land affected by order relating to new town
- 354 Power of the Welsh Ministers to acquire land affected by order relating to urban development area
- 355 Power of the Welsh Ministers to acquire land identified in infrastructure policy statement
- 356 Power of the Secretary of State to acquire land identified in national policy statement
- Miscellaneous and supplementary provisions
- 357 No withdrawal of notice to treat deemed to have been served under this Part
- 358 Assistance to acquire property where objection on Ground 4
- Interpretation
- 359 Interpretation of this Part
- PART 14 ADMINISTRATION AND VALIDITY
- CHAPTER 1 EXERCISE OF FUNCTIONS OF PLANNING AUTHORITIES
- Fees and charges
- 360 Fees and charges for exercise of functions by planning authorities
- Arrangements for exercise of functions relating to applications
- 361 Power to require functions to be exercised by committees, sub-committees or officers
- 362 Size and composition of committees to exercise functions
- 363 Arrangements for exercise of functions: supplementary
- CHAPTER 2 PROCEEDINGS BEFORE THE WELSH MINISTERS
- Fees and charges
- 364 Fees and charges for applications and appeals to the Welsh Ministers
- Procedural provisions applying to proceedings before the Welsh Ministers
- 365 Determination of appeal by inspector
- 366 Choice of inquiry, hearing or written procedure for appeals and applications
- 367 Procedural requirements for appeals, applications and other proceedings
- Local inquiries
- 368 Power of the Welsh Ministers to hold local inquiry
- 369 Power of person holding inquiry to require evidence
- 370 Access to evidence at inquiry
- 371 Payment of appointed representative where access to evidence restricted
- Costs of proceedings before the Welsh Ministers
- 372 Payment of costs of the Welsh Ministers
- 373 Orders relating to costs of parties
- CHAPTER 3 VALIDITY OF PLANS, DECISIONS AND ORDERS
- Review by High Court of plans, decisions and orders
- 374 Statutory review of development plans
- 375 Validity of certain decisions and orders
- 376 Application for statutory review of decision or order
- 377 Statutory review of orders relating to highways and statutory undertakers
- Appeals to High Court against decisions relating to certain notices
- 378 Appeal against decision relating to enforcement notice
- 379 Appeal against decision relating to maintenance of land notice or tree replacement notice
- CHAPTER 4 CORRECTION OF DECISIONS OF THE WELSH MINISTERS
- 380 Meaning of “decision document” and “correctable error”
- 381 Power to correct correctable errors in decision documents
- 382 Effect and validity of correction notice
- PART 15 GENERAL
- Powers to require information about interests in land
- 383 Power to serve information notice
- 384 Offences of failing to comply with information notice
- 385 Information about interests in Crown land
- Powers of entry
- 386 Powers to enter land
- 387 Powers of entry: scope and restrictions
- 388 Powers of entry: offences and compensation
- 389 Powers to enter Crown land
- Offences
- 390 Offences by bodies corporate
- Compensation
- 391 Making claims for compensation
- 392 Determination of compensation claims by Upper Tribunal
- 393 Compensation for depreciation of value of land
- 394 Power to modify compensation provisions in relation to minerals
- Financial contributions
- 395 Contributions towards costs incurred by authorities
- Forms
- 396 Form of local authority documents
- 397 Powers to make provision about forms for applications and appeals
- Service of documents
- 398 Service of notices and other documents: general
- 399 Service of documents on persons having an interest in land or occupying land
- 400 Service of documents on the Crown
- The Crown
- 401 Definitions relating to the Crown
- 402 Representation of Crown and Duchy interests in land
- 403 Enforcement steps in relation to Crown land
- Other special cases
- 404 Listed buildings and features of special architectural or historical interest
- 405 Development by, and land of, planning authorities and the Welsh Ministers
- 406 Church of England land
- General
- 407 Regulations
- 408 Interpretation
- 409 Coming into force
- 410 Short title
- SCHEDULE 1 LOCAL DEVELOPMENT ORDERS
- Preparation of order
- Power of the Welsh Ministers to direct authority to modify order before adoption
- Power to direct authority to submit order for approval
- Revision of order after adoption
- Revocation of order
- Annual monitoring report
- Regulations
- SCHEDULE 2 APPEALS UNDER SECTION 61: DETERMINATION BY INSPECTORS
- Powers and duties of inspector
- Replacement of inspector
- Direction that appeal is to be determined by the Welsh Ministers
- Revocation of direction
- Supplementary
- SCHEDULE 3 CONDITIONS RELATING TO MINING OPERATIONS AND DEPOSITING OF WASTE
- Power to grant permission subject to aftercare conditions
- Meaning of “required standard” for use specified in aftercare condition
- Consultation on aftercare condition that specifies use for agriculture or for growing timber
- Certificate of compliance with aftercare condition
- Recovery of costs of compliance
- SCHEDULE 4 APPLICATIONS TO THE WELSH MINISTERS: EXERCISE OF FUNCTIONS BY INSPECTORS
- PART 1 PROVISION OF PRE-APPLICATION SERVICES BY INSPECTOR
- Replacement of inspector
- Service of direction that functions are to be exercised by the Welsh Ministers
- Revocation of direction
- PART 2 DETERMINATION OF APPLICATION BY INSPECTOR
- Powers and duties of inspector
- Local inquiry, hearing or written representations
- Replacement of inspector
- Direction that application is to be determined by the Welsh Ministers
- Revocation of direction
- Supplementary
- SCHEDULE 5 CONDITION LIMITING DURATION OF MINERALS PERMISSION
- Permission granted on or after 22 February 1982
- Permission granted before 22 February 1982
- General
- SCHEDULE 6 TERMINATION ORDERS
- PART 1 PROCEDURE FOR ORDERS MADE BY PLANNING AUTHORITIES
- Requirement for confirmation by the Welsh Ministers
- PART 2 PROCEDURE FOR ORDERS MADE BY THE WELSH MINISTERS
- Consultation and notification before making order
- SCHEDULE 7 ORDERS MODIFYING OR REVOKING PLANNING PERMISSION
- PART 1 PROCEDURES FOR ORDERS MADE BY PLANNING AUTHORITIES
- Circumstances in which order takes effect
- Procedure for confirmation of order by the Welsh Ministers
- Procedure for order to take effect without confirmation
- PART 2 PROCEDURE FOR ORDERS MADE BY THE WELSH MINISTERS
- Consultation and notification before making order
- PART 3 MODIFICATION OR REVOCATION OF PLANNING PERMISSION FOR MINING OPERATIONS OR DEPOSITING OF WASTE
- Power to impose aftercare condition on modification or revocation of permission
- SCHEDULE 8 MINERALS PERMISSIONS RELATING TO DORMANT SITES
- Application to determine conditions of minerals permissions relating to dormant sites
- Dealing with an application
- Reference of applications to the Welsh Ministers
- Right to appeal against determination of application
- Time when conditions of permission take effect
- Applications made electronically
- Two or more applications
- SCHEDULE 9 PERIODIC REVIEW OF MINERALS PERMISSIONS
- Duty to carry out periodic reviews of minerals permissions
- First review date
- Later review dates
- Application of provisions of this Schedule
- Notice of periodic review
- Application to postpone review date
- Application to determine conditions of minerals permission
- Termination of permission if no application is made
- Dealing with an application
- Reference of applications to the Welsh Ministers
- Right to appeal against determination of application
- Time when conditions of permission take effect
- Applications made electronically
- Two or more applications
- Interpretation
- SCHEDULE 10 APPORTIONMENT AND RECOVERY OF COMPENSATION FOR DEPRECIATION
- Introduction and key terms
- Apportionment of compensation and determination of disputes
- Notice of compensation
- Development not to be carried out until compensation paid or secured
- Amount recoverable by the Welsh Ministers in respect of compensation
- Payment etc. of amount recoverable
- Recovery of compensation from acquiring authority on compulsory acquisition or sale
- Reimbursement of amount recovered to planning authority
- SCHEDULE 11 COMPENSATION FOR CHANGES TO PLANNING PERMISSION FOR MINERALS DEVELOPMENT
- PART 1 COMPENSATION WHERE PLANNING PERMISSION IS WITHDRAWN, MODIFIED OR REVOKED
- Compensation in respect of buildings, plant or machinery
- Compensation where minerals permission is modified by order
- PART 2 COMPENSATION FOLLOWING PERIODIC REVIEW OF MINERALS PERMISSIONS
- Compensation where working rights are restricted by new conditions of minerals permissions
- PART 3 INTERPRETATION
- Meaning of references to restrictions on working rights
- SCHEDULE 12 PURCHASE NOTICES
- PART 1 INTRODUCTORY
- Circumstances in which land is usable or unusable
- Interpretation
- PART 2 SERVICE OF PURCHASE NOTICE
- Service of purchase notice in respect of Crown land
- Further provision about service of purchase notice
- PART 3 ACTION FOLLOWING SERVICE OF PURCHASE NOTICE AND EFFECT OF NOTICE
- Response to purchase notice by planning authority
- Action to be taken by the Welsh Ministers on rejection of purchase notice by planning authority
- No duty to confirm purchase notice relating to planning decision if land has restricted use
- Procedure before the Welsh Ministers take action in relation to purchase notice
- Effect of confirmation of purchase notice or failure to take action
- Legal challenge to action taken by the Welsh Ministers in relation to purchase notice
- No withdrawal of notice to treat deemed to have been served under this Part
- Deduction of compensation for changes to planning permission
- PART 4 SEVERANCE OF AGRICULTURAL LAND: RIGHT TO REQUIRE PURCHASE OF REMAINDER
- Service of counter-notice requiring purchase of remainder of agricultural unit
- Effect of counter-notice
- Acquisition and surrender of tenant’s interest under lease
- SCHEDULE 13 COMMUNITY INFRASTRUCTURE LEVY: CHARGING SCHEDULES
- Preparation of charging schedule: setting rates or other criteria
- Preparation of charging schedule: methods of calculation
- Preparation of charging schedule: when it applies
- Preparation of charging schedule: consultation etc.
- Preparation of charging schedule: evidence
- Preparation of draft and appointment of examiner
- Examination of charging schedule
- Examiner’s recommendations
- Approval of charging schedule
- Publication and taking effect of charging schedule
- Revising a charging schedule
- Charging schedule ceasing to have effect
- SCHEDULE 14 DISCONTINUANCE ORDERS
- PART 1 PROCEDURE FOR DISCONTINUANCE ORDERS MADE BY PLANNING AUTHORITIES
- Requirement for confirmation by the Welsh Ministers
- PART 2 PROCEDURE FOR DISCONTINUANCE ORDERS MADE BY THE WELSH MINISTERS
- Consultation and notification in connection with making order
- PART 3 DISCONTINUANCE ORDERS RELATING TO MINING OPERATIONS AND DEPOSITING OF WASTE
- Power to include restoration condition and aftercare condition in discontinuance order
- SCHEDULE 15 PROHIBITION ORDERS AND PROTECTION ORDERS
- PART 1 PROHIBITION ORDERS
- Power to make prohibition order
- Prohibition order made by planning authority: requirement for confirmation by the Welsh Ministers
- Prohibition order made by the Welsh Ministers: consultation and notification in connection with making order
- Effect of prohibition order on planning permission
- PART 2 PROTECTION ORDERS
- Power to make protection order
- Protection order made by planning authority: requirement for confirmation by the Welsh Ministers
- Protection order made by the Welsh Ministers: consultation and notification in connection with making order
- Registration of protection order as local land charge
- Review of protection order
- Resumption of operations or depositing after protection order takes effect
- SCHEDULE 16 COMPENSATION FOR EFFECTS OF ORDERS RELATING TO MINERALS
- PART 1 COMPENSATION FOLLOWING MAKING OF DISCONTINUANCE ORDER
- Compensation where discontinuance order relates to minerals
- PART 2 COMPENSATION FOLLOWING MAKING OF PROHIBITION ORDER OR PROTECTION ORDER
- Compensation under section 211 following making of prohibition order
- Compensation in other cases
- Deduction from compensation under paragraph 3
- SCHEDULE 17 ORDERS RELATING TO HIGHWAYS
- PART 1 PROCEDURE FOR ORDERS MADE BY THE WELSH MINISTERS
- Application of this Part
- Publication of notice of proposed order
- Service and display of notice of proposed order
- Consideration of objections and making of order
- Certain orders to be subject to special Senedd procedure
- Notice of making of order
- Interpretation
- PART 2 PROCEDURE FOR ORDERS MADE BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES
- Application of this Part
- Duties of planning authority or local authority
- Publication of notice of order
- Service and display of notice of order
- Confirmation of order as unopposed order
- Consideration of objections
- Decisions to be made by inspectors
- Special provision about orders under section 293 affecting statutory undertakers
- Notice of confirmation of order
- Notice of decision not to confirm order
- Notice that order has come into force
- Power to make further provision about procedure
- Interpretation
- SCHEDULE 18 ORDERS RELATING TO STATUTORY UNDERTAKERS AND NETWORK OPERATORS
- PART 1 SUPPLEMENTARY PROVISION ABOUT ORDERS TO END RIGHTS OVER LAND ETC. OF STATUTORY UNDERTAKERS AND NETWORK OPERATORS
- Supplementary provision about orders under section 315(3)
- Supplementary provision about orders under section 315(4)
- PART 2 PROCEDURE FOR MAKING ORDERS TO EXTEND OR MODIFY STATUTORY UNDERTAKERS’ FUNCTIONS
- Requirement to publicise a representation made under section 317(1)
- Requirements for objection to making of order
- Effect of objection being made to making of order
- Procedure for approving order
- PART 3 PROCEDURE FOR MAKING ORDERS TO RELIEVE STATUTORY UNDERTAKERS OF IMPRACTICABLE OBLIGATIONS
- Requirement to publicise a representation made under section 318(1)
- Requirements for objection to making of order
- Effect of objection being made to making of order
- Procedure in Senedd Cymru or UK Parliament where objection is made
- Publicising order once made
- Date order takes effect
- SCHEDULE 19 BLIGHTED LAND
- PART 1 CATEGORIES OF BLIGHTED LAND
- Land allocated for public functions in plans etc.
- New towns
- Urban development areas
- Clearance and renewal areas
- General improvement areas
- Highways
- Compulsory purchase etc.
- Land identified in infrastructure policy statement
- Land identified in national policy statement
- PART 2 MEANING OF “OWNER-OCCUPIER”, “RESIDENT OWNER-OCCUPIER” AND “ANNUAL VALUE”
- Introduction
- Owner-occupier of a hereditament
- Resident owner-occupier of a hereditament
- Owner-occupier of an agricultural unit
- Interpretation of paragraphs 31 to 33
- Annual value
- PART 3 MEANING OF “THE APPROPRIATE AUTHORITY”
- Introduction
- Appropriate authority: general
- Appropriate authority: new towns
- Appropriate authority: urban development areas
- Appropriate authority: land identified in infrastructure policy statements
- Appropriate authority: land identified in national policy statements
- Appropriate authority: blight notice including claim in respect of unaffected area
- Questions about appropriate authority
- PART 4 MEANING OF “THE APPROPRIATE ENACTMENT”
- Introduction
- Appropriate enactment: general
- Appropriate enactment: development plans etc.
- Appropriate enactment: new towns
- Appropriate enactment: urban development areas
- Appropriate enactment: clearance areas
- Appropriate enactment: compulsory purchase etc.
- Appropriate enactment: land identified in infrastructure policy statements
- Appropriate enactment: land identified in national policy statements
- Appropriate enactment: highway purposes
- Appropriate enactment: blight notice including claim in respect of unaffected area
- Appropriate enactment: two or more enactments
- Questions about appropriate enactment
- SCHEDULE 20 DETERMINATION OF APPEALS BY INSPECTORS OR THE WELSH MINISTERS
- Powers and duties of inspector
- Local inquiry, hearing or written representations
- Replacement of inspector
- Direction that appeal is to be determined by the Welsh Ministers
- Revocation of direction
- Supplementary
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