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Assembly powers tracking notes (May 2007 - March 2011)

Field 18: Town and country planning

Schedule 5 to the Government of Wales Act 2006 could be amended to add specific 'matters' to broad subject 'fields', thereby extending the legislative competence of the Assembly and providing more policy areas in which it was possible to make Measures.

This tracking note provides an updated log of amendments, both proposed and enacted, to Field 18 of Schedule 5. This field relates to town and country planning.

Field 18 | NAFW

Matter

Source

18.1  Provision for and in connection with - (a) plans of the Welsh Ministers in relation to the development and use of land in Wales, and (b) removing requirements for any such plans.

This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

Planning Act 2008

Came into force 26/01/09                              

18.2  Provision for and in connection with the review by local planning authorities of matters which may be expected to affect - (a) the development of the authorities’ areas, or (b) the planning of the development of the authorities’ areas.

as above

18.3  Provision for and in connection with - (a) plans of local planning authorities in relation to the development and use of land in their areas, and (b) removing requirements for any such plans.

This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

as above

[proposed matter 18.4]  Applications for planning permission.

This does not include - (a) the cases in which planning permission is required, (b) obligations, entered into in connection with applications, that - (i) restrict, or require, the doing of anything in, on, under or over any land, or (ii) require payments to be made, (c) applications for urgent development made - (i) by or on behalf of the Crown, or (ii) in respect of land in which there is any Crown interest, or (d) appeals (and further appeals) and other challenges in respect of - (i) decisions made on applications, or (ii) failures to make decisions.

Proposed by the Localism Bill

[proposed matter 18.5]  The exercise or discharge, otherwise than by the authority whose functions they are, of functions of an authority in its capacity as a local planning authority.

as above

[proposed matter 18.6]  Planning permission ceasing to have effect where the development to which it relates has been begun but not completed.

as above

[proposed matter 18.7]  Enforcement - (a) where things are done without any planning permission that is required, (b) where there is a failure to comply with any condition or limitation subject to which planning permission has been granted, (c) of prohibitions or requirements imposed for the preservation, in the interests of amenity, of particular trees or woodlands, and (d) of provisions restricting or regulating, in the interests of amenity or public safety, the display of advertisements.

as above

proposed matters 18.4, 18.5, 18.6 and 18.7 do not include - (a) criminal liability for acts or omissions done or suffered by or on behalf of the Crown, or (b) any requirement for consent in relation to any step taken for the purposes of enforcement in relation to land in which there is any Crown interest.”

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The above information is compiled by the Research Service.

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