(a)    Welsh Government Consultation Secondary Legislations for Development Management -

(Urgent by reason of the deadline for comments to be submitted to Welsh Government)

The Committee received an urgent report to update Members on the Welsh Government (WG) consultation on Secondary Legislations for Development Management and to recommend an appropriate response to those consultations.

As part of the implementation of the proposed changes to the Planning System in Wales, which will be introduced through The Planning (Wales) Act, a consultation paper had been released seeking the views of interested parties with regard to the above.  

The consultation sought the view of the Council on subordinate legislation needed to implement the following sections of the Planning (Wales) Act 2015:

  • Non-Validation Appeals (s.29)
  • Decision Notices (s.33)
  • Notifications (s.34)
  • Consultations etc. in Respect of Certain Applications for Approval (s.37)
  • s.217 Appeals (s.48)
  • Statutory pre-application fees (s.18)

The consultation paper was not seeking opinions in respect of the primary legislation included in the Bill as this had already been approved by the National Assembly for Wales, and received Royal Assent in July.

The consultation paper, a copy of which was attached to the report at Appendix A, included a set of specific questions to which the Welsh Government was requesting views. The closing date for replies was 11th September 2015.

The proposed responses to the consultation papers point out concerns regarding the bureaucratic way in which the proposed changes had been drawn up and possible flaws in the reasoning of Welsh Government in the way in which they envisage the proposals working.  It also acknowledges certain improvements to the system such as removing the requirement to appeal to the magistrate’s court in respect of notices served with regard to untidy land.

The issues raised were addressed individually in the consultation response attached to the report at Appendix B.

Following presentation of the report, Members expressed the following views:

  • It was very difficult to achieve the standardisation of the Planning process in Welsh Councils.
  • Concerns were raised in relation to the proposed changes to decision notices, in that they could complicate the Planning process.
  • The 21 day consultation period for statutory consultees may be insufficient for them to provide responses on applications, particularly for Town and Community Councils.

Following consideration of the report, Planning Committee


(1)    T H A T the content of the report be noted and the response to the consultation be agreed and sent to Welsh Government.

(2)    T H A T the matter be referred to Cabinet for information and that should Cabinet have any additional issues it wishes to raise that these be forwarded to Welsh Government.

Reasons for decisions

(1)    To allow the Council to respond to the consultation.

(2)    To inform Cabinet of the views of the Committee when responding to the consultation and to allow any further comments of Cabinet to be forwarded to the Welsh Government.