The Developments of National Significance (Procedure) (Wales) Order 2016

Made: 27 January 2016

Laid before the National Assembly for Wales: 2 February 2016

Coming into force in accordance with article 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 1 — Preliminary

Title, commencement and application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic communications

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation period

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Pre-application

Notification of proposed development

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acceptance of notification of proposed development

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to carry out pre-application consultation

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity before applying for planning permission

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation before applying for planning permission

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to respond to pre-application consultation: specialist consultees

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pre-application consultation reports

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Applications

Applications: general requirements

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications in respect of Crown land

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Design and access statements

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acceptance of applications

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices of applications for planning permission

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates in relation to notices of applications

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for applications for planning permission: Welsh Ministers

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for applications for planning permission: local planning authority

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of applications

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representations received by the local planning authority in respect of applications

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — Consultations before the grant of permission

Duty to consult before the grant of permission

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to respond to consultation

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to respond to consultation: annual reports

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 — Reports

Local impact reports

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voluntary local impact reports

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — Variation of applications

Procedure in respect of variation of applications

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 — Determination and notification of initiation of development

Representations to be taken into account

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Written notice of decision relating to an application

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revised notice of decision to grant planning permission

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of initiation of development and display of notice

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8 — Amendment to 2012 Order

Amendment to the 2012 Order

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — Publicity and consultation before applying for planning permission

SCHEDULE 2

SCHEDULE 3 — Notices under Article 16

SCHEDULE 4 — Publicity for applications

SCHEDULE 5 — Duty to consult before the grant of permission

Interpretation of Table

In the above Table—

• (a) in paragraphs (a) and (b)—

• “floor space” (“arwynebedd llawr”) means the total floor space in a building or buildings;

• “industrial process” (“proses ddiwydiannol”) means a process for or incidental to any of the following purposes— the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this sub-paragraph, “mine” (“mwynglawdd”) means any site on which mining operations are carried out);

• “relevant nuclear site” (“safle niwclear perthnasol”) means a site which is— a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013)[^f00031]; an authorised defence site (within the meaning given by regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998[^f00032]); or a new nuclear build site (within the meaning given by regulation 2A(1) those Regulations)[^f00033]. in paragraph (c), “network” (“rhwydwaith”) and “operator” (“gweithredwr”) have the same meaning as in section 83(1) of the Railways Act 1993 (the provision of railway services)[^f00034]; in paragraphs (d) and (e), “classified road” (“ffordd ddosbarthiadol”) means a highway or proposed highway which— is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)[^f00035]; or is classified for the purposes of any enactment by the Welsh Ministers by virtue of section 12(3) of that Act; in paragraph (h), “scheduled monument” (“heneb gofrestredig”) has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)[^f00036]; in paragraph (l)—

• “dwellinghouse” (“ty annedd”) does not include a building containing one or more flats, or a flat contained within such a building (and in this paragraph, “flat” (“fflat”) means a separate and self-contained set of premises constructed or adapted for the purpose of dwelling and forming part of a building from some other part of which is divided horizontally);

• “slurry” (“slyri”) means animal faeces and urine (whether or not water has been added for handling); and

• “caravan” (“carafán”) has the same meaning as in section 29(1) of the Caravan Sites and Control of Development Act 1960 (caravan sites)[^f00037]; in paragraph (n), “site of special scientific interest” (“safle o ddiddordeb gwyddonol arbennig”) means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies; in paragraph (o), theatre” (“theatr”) has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)[^f00038]; in paragraph (r)— “playing field” (“maes chwarae”) means the whole of a site which encompasses at least one playing pitch; “playing pitch” (“llain chwarae”) means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; in paragraph (t)— expressions appearing both in that paragraph and in Directive 2012/18/EU have the same meaning as in that Directive; and “control of major accident hazards competent authority” (“awdurdod COMAH cymwys”) means— in relation to a relevant nuclear site, the Office of Nuclear Regulation and the Natural Resources Body for Wales, acting jointly; otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly.

SCHEDULE 6 — Notification of initiation of development and display of notice

SCHEDULE 7 — Notice to be displayed at all times when development is being carried out

Signed

Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 2016-01-27

Explanatory note

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

[^f00001]: 1990 c. 8; Section 59 was amended by section 27 of, and paragraph 3 of Schedule 4 to, and section 55 of, and paragraph 5 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw. 4) (“the 2015 Act”). There are other amendments which are not relevant to this instrument.

[^f00002]: 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 1for the Town and Country Planning Act 1990 (“the 1990 Act”). 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).

[^f00003]: Section 62 was substituted by section 42(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), amended by section 17 of the 2015 Act and applied with modifications by article 3(1) of the Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54) (W. 24) (“the Application of Enactments Order”). Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), amended by section 40 of, and paragraph 35 of the Schedule to, the Agricultural Tenancies Act 1995 (c. 8) and applied with modifications by article 3(1) of the Application of Enactments Order. 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(4)(b) and (c) of the Planning Act 2008 (c. 29) (“the 2008 Act”) and section 237 of, and Part 18 of Schedule 25 to, the Localism Act 2011 (c. 20); (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”) and section 58(1) of, and paragraph 6 of Schedule 4 to, the Mobile Homes (Wales) Act 2013 (anaw. 6) and was applied with modifications by article 3(1) of the Application of Enactments Order. There are other amendments to these sections which are not relevant to this instrument.

[^f00004]: S.I. 2016/54 (W. 24).

[^f00005]: Section 61Z was inserted by section 17(3) of the 2015 Act. Section 62E was inserted by section 19 of the 2015 Act. Sections 62I, 62J and 62K were inserted by section 21 of the 2015 Act. Section 62L was inserted by section 22 of the 2015 Act. Section 62R was inserted by section 25 of the 2015 Act. Section 71ZA was inserted by section 33 of the 2015 Act. Section 71ZB was inserted by section 34 of the 2015 Act. Section 333 was amended by section 78 of, and paragraph 32(12) of Schedule 10 to, the Environment Act 1995 (c. 25), section 118(1) of, and paragraphs 1 and 4 of Schedule 6 to, the 2004 Act, S.I. 2014/2773 (W. 280) and section 55 of, and paragraphs 3 and 6 of Schedule 7 to, the 2015 Act.

[^f00006]: 2004 c. 5.

[^f00007]: 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).

[^f00008]: Section 62D was inserted by section 19 of the 2015 Act.

[^f00009]: “Special development order” (“gorchymyn datblygu arbennig”) means an order under section 59(3)(b) of the1990 Act.

[^f00010]: S.I. 2012/801 (W. 110).

[^f00011]: S.I. 2016/58 (W. 28).

[^f00012]: S.I. 2016/54 (W. 24).

[^f00013]: 2000 c. 7; section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c. 21).

[^f00014]: For the definition of “development” (“datblygiad”) see section 55 of the 1990 Act. See also regulation 56 of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58) (W. 28).

[^f00015]: See section 62D(3) of the 1990 Act and the Specified Criteria and Prescribed Secondary Consents Regulations.

[^f00016]: Section 62(3) was applied with modifications by article 3(1) of the Application of Enactments Order.

[^f00017]: For the definition of “secondary consent” (“cydsyniad eilaidd”) see section 62H of the 1990 Act. Section 62H was inserted by section 20 of the 2015 Act. Secondary consents are prescribed for the purposes of section 62H(1) by the Specified Criteria and Prescribed Secondary Consents Regulations.

[^f00018]: See section 62F(6) of the 1990 Act. Section 62F was inserted by section 20 of the 2015 Act.

[^f00019]: See section 62G(2) of the 1990 Act for the meaning of “relevant person” (“person perthnasol”). Section 62G was inserted by section 20 of the 2015 Act.

[^f00020]: Section 73 was amended by sections 42(2), 51(3), 120 of, and Schedule 9 to, the 2004 Act and section 35(7) of the 2015 Act and was applied with modifications by article 3(1) of the Application of Enactments Order. Applications made pursuant to section 73 which are to be treated as nationally significant development in accordance with section 62D(6) of the 1990 Act, are those of a description specified in regulation 51 of the Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56) (W. 26).

[^f00021]: Section 106 was substituted by section 12(1) of the 1991 Act and amended by section 174(2) of the 2008 Act and section 7 of, paragraph 3 of Schedule 2 to, the Growth and Infrastructure Act 2013 (c. 27).

[^f00022]: For the definition of “mineral-working deposit” see section 336 of the 1990 Act.

[^f00023]: Seesections 38 and 62 of the 2004 Act.

[^f00024]: S.I. 2016/56 (W. 26).

[^f00025]: See section 62I(5) of the 1990 Act for the meaning of “relevant local planning authority” (“awdurdod cynllunio lleol perthnasol”) for the purposes of section 62I(2).

[^f00026]: Seeregulations 10(9) and 12(8) of the Developments of National Significance (Fees) (Wales) Regulations 2016 (S.I. 2016/57) (W.27) in respect of the deemed withdrawal of applications.

[^f00027]: 1981 (c. 69); see section 27AA of that Act. Section 28 was substituted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37) and was amended by section 148 of, and paragraphs 2(2), (3) and (7) of Schedule 13 to, the Marine and Coastal Access Act 2009 (c. 23). There are other amendments which are not relevant to this instrument.

[^f00028]: The Sports Council for Wales is known as Sport Wales.

[^f00029]: S.I. 2015/1597 (W. 196).

[^f00030]: O.J. L 197, 24.7.2012, p 1.

[^f00031]: 2013 c. 32.

[^f00032]: S.I. 1998/494. The definition of “authorised defence site” was inserted by article 6(2) of, and paragraphs 70 and 72(a) of Schedule 3 to, the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469).

[^f00033]: Regulation 2A was inserted by article 6(2) of and paragraphs 70 and 73 of, Schedule 3 to that Order.

[^f00034]: 1993 c. 43. There are amendments to section 83 which are not relevant to this instrument.

[^f00035]: 1980 c. 66.

[^f00036]: 1979 c. 46.

[^f00037]: 1960 c. 62. There are amendments to section 29 which are not relevant to this instrument.

[^f00038]: 1976 c. 27.

[^f00039]: See section 62D(3) of the Town and Country Planning Act 1990 (c. 8) and the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (S.I. 2016/53) (W.25) (“Specified Criteria and Prescribed Secondary Consents Regulations”).

[^f00040]: See section 62D(4) of the Town and Country Planning Act 1990.

Interpretation of Table

In the above Table—

• (a) in paragraphs (a) and (b)—

• “floor space” (“arwynebedd llawr”) means the total floor space in a building or buildings;

• “industrial process” (“proses ddiwydiannol”) means a process for or incidental to any of the following purposes—the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; orthe getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this sub-paragraph, “mine” (“mwynglawdd”) means any site on which mining operations are carried out);

• “relevant nuclear site” (“safle niwclear perthnasol”) means a site which is—a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013) ;an authorised defence site (within the meaning given by regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 ); ora new nuclear build site (within the meaning given by regulation 2A(1) those Regulations) .in paragraph (c), “network” (“rhwydwaith”) and “operator” (“gweithredwr”) have the same meaning as in section 83(1) of the Railways Act 1993 (the provision of railway services) ;in paragraphs (d) and (e), “classified road” (“ffordd ddosbarthiadol”) means a highway or proposed highway which—is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads) ; oris classified for the purposes of any enactment by the Welsh Ministers by virtue of section 12(3) of that Act; in paragraph (h)—“scheduled monument” (“heneb gofrestredig”) has the same meaning as in section 3 of the Historic Environment (Wales) Act 2023;reference to the height of development is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” (“lefel y ddaear”) means the level of the surface of the ground immediately adjacent to the development in question or, where the level of the surface of the ground on which it is situated is not uniform, the level of the highest part of the surface adjacent to it; “registered historic park or garden” (“parc hanesyddol cofrestredig neu ardd hanesyddol gofrestredig”) means the park or garden included in the Register of Parks and Gardens of Special Historic Interest in Wales maintained under section 192 of the Historic Environment (Wales) Act 2023 and “registered historic landscape” (“tirwedd hanesyddol gofrestredig”) means the landscape included in the Register of Landscapes of Historic Interest in Wales maintained by the Welsh Ministers; “World Heritage Site” (“Safle Treftadaeth y Byd”) means land appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16th November 1972;in paragraph (l)—

• “dwellinghouse” (“ty annedd”) does not include a building containing one or more flats, or a flat contained within such a building (and in this paragraph, “flat”(“fflat”) means a separate and self-contained set of premises constructed or adapted for the purpose of dwelling and forming part of a building from some other part of which is divided horizontally);

• “slurry” (“slyri”) means animal faeces and urine (whether or not water has been added for handling); and

• “caravan” (“carafán”) has the same meaning as in section 29(1) of the Caravan Sites and Control of Development Act 1960 (caravan sites) ;in paragraph (n), “site of special scientific interest” (“safle o ddiddordeb gwyddonol arbennig”) means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies;in paragraph (o), theatre” (“theatr”) has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation) ;in paragraph (r)—“playing field” (“maes chwarae”) means the whole of a site which encompasses at least one playing pitch;“playing pitch” (“llain chwarae”) means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo;in paragraph (t)—expressions appearing both in that paragraph and in Directive 2012/18/EU have the same meaning as in that Directive; and“control of major accident hazards competent authority” (“awdurdod COMAH cymwys”) means—in relation to a relevant nuclear site, the Office of Nuclear Regulation and the Natural Resources Body for Wales, acting jointly;otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly; in paragraph (u)— “Rivers and Sea – Flood Zone 2” (“Afonydd a’r Môr – Parth Llifogydd 2”) means an area with less than 1 in 100 chance of flooding from rivers and less than 1 in 200 chance of flooding from the sea but greater than 1 in 1000 chance of flooding from rivers and the sea in a given year, including climate change;“Rivers and Sea – Flood Zone 3” (“Afonydd a’r Môr – Parth Llifogydd 3”) means an area with a greater than 1 in 100 chance of flooding from rivers in a given year, including climate change, and a greater than 1 in 200 chance of flooding from the sea in a given year, including climate change;“TAN 15 Defended Zones” (“Parthau Amddiffynedig TAN 15”) means areas where flood risk management infrastructure provides a minimum standard of protection against flooding of 1 in 100 from rivers and 1 in 200 from the sea (plus climate change and freeboard) as set out in the Flood Map for Planning published by the Natural Resources Body for Wales

Editorial notes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .