Planning and related decisions of the Welsh Ministers

The Welsh Government is proposing to change the way decisions on planning or related applications and appeals are made by Welsh Ministers or the Planning Inspectorate acting on their behalf.

This consultation seeks views on Welsh Government proposals to make changes to the way decisions on planning and related applications and appeals are dealt with, where they are referred to the Welsh Ministers, or the Planning Inspectorate acting on their behalf.

This review forms part of wider proposals to improve national delivery of the planning system through active stewardship, which are set out in the Positive Planning consultation paper. They aim to ensure a more proportionate, cost effective and streamlined decision making process.

These proposals stem, in the main, from provisions contained in the Planning and Compulsory Purchase Act 2004 and the Planning Act 2008. Many of these changes have already been implemented in England. Powers are available to apply those changes in Wales, but the Welsh Governments aims to implement them in ways specific to Welsh circumstances.

The specific changes the consultation proposes are:

  • introduce a more efficient system for advertisement appeals in line with the Householder Appeal System and Commercial Appeal System, which are currently subject to a pilot scheme
  • change how called in applications and appeals by statutory undertakers are dealt with
  • introduce the ability for an appeal against non-determination to be returned to the local planning authority for a decision within a prescribed timescale
  • transfer authority for the determination of certain appeals from the Welsh Ministers to the Planning Inspectorate.

In terms of the policy on non determination of appeals, section 50 of the Planning and Compulsory Purchase Act inserts provision into the Town and Country Planning Act about dual jurisdiction. In terms of householder appeals, minor commercial appeals and control of advertisement appeals, the Town and Country Planning Act will provide the powers to bring forward the required subordinate legislation. There are also proposals which will rely on powers in the Listed Buildings Act and Hazardous Substances Act. 

Date: 07/11/2014 Start of consultation

          30/01/2015 End of consultation

Author: Welsh Government

DCP link: This item updates DCP section 4.012


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