The Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017

Made: 5 April 2017

The Welsh Ministers make the following Order in exercise of the powers conferred on them by section 58 of the Planning (Wales) Act 2015[^f00001].

Title and interpretation

1

• (1) The title of this Order is the Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017.

• (2) In this Order—

• “the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990[^f00002];

• “the 2015 Act” (“Deddf 2015”) means the Planning (Wales) Act 2015.

Provision coming into force on 10 April 2017

2

The appointed day for the coming into force of section 54 of the 2015 Act, so far as it is not already in force, is 10 April 2017.

Provisions coming into force on 5 May 2017

3

The appointed day for the coming into force of the following provisions of the 2015 Act so far as they are not already in force is 5 May 2017—

• (a) section 39;

• (b) sections 47 and 48;

• (c) section 50;

• (d) section 51; and

• (e) paragraphs 15 to 19, 21, 23, 25 and 27 of Schedule 5.

Transitional provisions

4

• (1) Paragraph (2) applies where notice of an appeal is served in relation to an application which was made before 5 May 2017 under—

• (a) sections 78 and 195 of the 1990 Act;

• (b) section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00003] (“the Listed Buildings Act”);

• (c) section 21 of the Planning (Hazardous Substances) Act 1990[^f00004] (“the Hazardous Substances Act”).

• (2) The 1990 Act, the Listed Buildings Act and the Hazardous Substances Act respectively apply to the relevant appeal and the application to which that appeal relates as though the amendments made by section 47 of the 2015 Act had not been made.

5

Where an appeal is made under section 217 of the 1990 Act against a notice under section 215 of that Act which was served before the 5 May 2017, the 1990 Act applies to that appeal as though the amendments made by section 48 of the 2015 Act had not been made.

Signed

Jane Hutt — One of the Welsh Ministers — 5 April 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the fourth commencement order made by the Welsh Ministers under the Planning (Wales) Act 2015 (“the 2015 Act”).

Article 2 brings section 54 (applications to amend registers: power to make provision about fees) of the 2015 Act into force, so far as it is not already in force, on 10 April 2017.

Article 3 brings the following provisions of the 2015 Act into force, so far as they are not already in force, on 5 May 2017—

• section 39 (exercise of functions of local planning authority relating to applications);

• section 47 (no variation of application after service of notice of appeal against planning decision);

• section 48 (appeal against notice in respect of land adversely affecting amenity);

• section 50 (procedure for certain proceedings); and

• section 51 and paragraphs 15 to 19, 21, 23, 25 and 27 of Schedule 5 (costs and procedure on appeals etc. further amendments).

Articles 4 and 5 contain transitional provisions.

Footnotes

[^f00001]: 2015 anaw 4.

[^f00002]: 1990 c. 8.

[^f00003]: 1990 c. 9.

[^f00004]: 1990 c. 10.

[^f00005]: The 2015 Act received Royal Assent on 6 July 2015.