Royal Assent has been given for the first separate planning Act since it was devolved in Wales…
Planning in Wales took a step forward yesterday when the Planning (Wales) Act 2015 was granted Royal Assent.
The Act, which aims to address five objectives, is not a wholesale reform of the planning system in Wales. However, it does represent the first separate Act for the nation since planning was devolved in 2011.
The Act sets out to modernised the framework for the delivery of planning services. This will be achieved in some cases by allowing applications to be made directly to Welsh ministers.
The Act will also introduce a National Development Framework (NDF) and Strategic Development Plans, both of which aim to strengthen the plan-led approach. The former will set out the Welsh government’s policies in relation to the development and the use of land in Wales. It will replace the former Wales Spatial Plan.
The latter will give ministers the power to designated parts of the country as a strategic planning area. Here, a planning panel will be established to tackle cross boundary issues such as waste disposal. The panel will prepare plans for the area, known as a strategic development plan (SDP). This must conform to the guidance set out in the NDF. Currently three potential areas have been identified: Cardiff, Swansea, and the A55 corridor.
Furthermore, the Act also stated that a Local Development Plan must conform with the NDF and any SDP, which includes all or part of the area of the authority. Local planning authorities will have to consider whether to review their LDP following publication of the NDF.
Other objectives of the Act include:
- improving resilience through measures such as enabling Welsh ministers to direct local planning authorities to work together or to be merged;
- the improvement of the development management system through measures such as introducing a statutory pre-application procedure for certain planning applications; and
- enabling effective enforcement and appeals through methods such as changing procedures to increase efficiency and improving transparency.
Under the new guidance there are two instances where direct planning applications could be made by ministers, one of which is for Developments of National Significance (DNS). These applications must be made directly to ministers, rather than the local planning authority. It is expected these will follow a similar process as that of Nationally Significant Infrastructure Projects. A DNS application is expected to have a determination period of 36 weeks, beginning on the date the application was accepted by the minister.
The second instance allows the applicant the option of making a direct application to a minister. This can occur if the local planning authority has been designated as under performing or if the application meets a yet to be defined criteria. Applications made directly will have no right of appeal.
The Act will also stop developers from repeatedly submitting applications or appeals if they fail to obtain planning permission.
The appeals process is also set to become more “front-loaded” than it currently is. Developers will be unable to make minor changes once an appeal is lodged, and Welsh ministers will also be given the option to recover some of their costs.
Finally, the Act will set out a guidance for planning committees. The size and procedures are expected to be standardised across the board, meaning training will be mandatory for all members. Fewer applications are expected to go to committees in the future.
