Search Legislation

Planning (Wales) Act 2015

Status:

This is the original version (as it was originally enacted).

17Requirement to carry out pre-application consultation

This section has no associated Explanatory Notes

(1)TCPA 1990 is amended as follows.

(2)After section 61Y insert—

Wales: pre-application procedure

61ZWales: requirement to carry out pre-application consultation

(1)This section applies where—

(a)a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and

(b)the proposed development is development of a description specified in a development order.

(2)The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4).

(3)The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land.

(4)The applicant must consult each specified person about the proposed application.

(5)Publicity under subsection (3) must—

(a)set out how the applicant may be contacted by persons wishing to comment on the proposed development;

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(6)For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order.

(7)Subsection (2) does not apply—

(a)if the proposed application is an application under section 293A, or

(b)in cases specified in a development order.

(8)A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)).

(9)That provision may include —

(a)provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(b)provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time);

(c)provision about the timetable (including deadlines) for consultation;

(d)provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person’s compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).

(3)In section 62 (applications for planning permission), after subsection (8) insert—

(9)In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—

(a)has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and

(b)is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).

(10)A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—

(a)how the applicant complied with section 61Z;

(b)any responses to the consultation received from persons consulted under section 61Z(3) or (4);

(c)the account taken of those responses.

(11)A development order may make provision about the form and content of the pre-application consultation report.

(4)In the title of section 61W, for “Requirement” substitute “England: requirement”.

(5)In the cross-heading before that section, for “Consultation” substitute “England: consultation”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources