(This note is not part of the Order)
This Order makes provision in relation to Wales which corresponds to section 196 of and Schedule 10 to the Planning Act 2008 (c. 29). Section 196 made provision for the Secretary of State to determine the procedure for certain proceedings.
Article 2 amends the Town and Country Planning Act 1990 (c. 8), the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) and the Planning (Hazardous Substances) Act 1990 (c. 10), in each case so as to require the Welsh Ministers to determine the procedure by which certain proceedings under that Act should be considered.
The procedure can be a local inquiry, a hearing or written representations, or a combination of those three, as the Welsh Ministers consider appropriate. The Welsh Ministers must determine the procedure within the prescribed period, notify the appellant/applicant and local planning authority of which procedure has been selected and publish the criteria that are to be applied in determining the procedure to be followed.
Article 3 and the Schedule make amendments which are consequential on the new provisions inserted by article 2. The amendments in paragraphs 11(3) and 13(4)(b) of the Schedule correspond to paragraphs 12(3) and 14(7) of Schedule 10 to the Planning Act 2008. Those two paragraphs have been commenced in relation to appeals under section 78 of the Town and Country Planning Act 1990 against a decision of a local planning authority and under section 174 of that Act against an enforcement notice.
An impact assessment has been prepared in relation to this instrument. Copies may be obtained from the Planning Division of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.