Welsh Government introduces first Planning Bill of its kind in Wales
The Welsh Government has introduced a Planning Bill – the first of its kind in Wales – with measures including a requirement for early community consultations on major developments and the introduction of a more effective enforcement system.
The Planning (Wales) Bill will require community consultations on major developments “to take place as early as possible to ensure a more robust and speedy planning system and a clearer framework for how developers engage communities in the planning of our cities, home towns, villages and open spaces”.
It also provides that:
- Planning decisions will be made at the appropriate level of Government – “in future Ministers will decide on planning applications for development of national significance to Wales”; and
- Where certain planning issues extend beyond the boundaries of a single local planning authority and need to be tackled at a sub-regional level, a strategic development plan will be prepared by a strategic planning panel. “This panel will comprise representatives of local authorities, community, environmental and business interests.”
The Welsh Government said a more effective enforcement system would also “enable communities to see more prompt action against breaches of planning control”.
Natural Resources Minister Carl Sargeant said: “I’m delighted to introduce this landmark bill…., which will see the planning process strengthened from top to bottom, resulting in an effective, enabling system which best serves the people of Wales and is fit for the 21st century.
“Amongst the improvements that communities can look forward to are clarity on how and when to engage in the planning and consultation processes improved monitoring of local authorities and a refined appeals process that ensures greater fairness, transparency and speed.”
Sargeant added: “The Bill also proposes to amend existing powers in order to create more resilient local planning authorities with a wider range of specialist skill sets. I have made no secret of my view that a reduction in the number of planning authorities from the current 25 is essential for the future of planning in Wales and this Bill strengthens this position.
“In addition to this, the Bill proposes that Welsh Ministers take decision making responsibility for planning applications for developments of national significance, we are consulting on this and propose including energy projects between 25 and 50 megawatts. This will ensure that schemes with an impact on communities across Wales are considered in both a wider and local context.”
In July the Law Commission said its 12th programme of law reform would include a review recommending a simplified and modernised planning system for Wales.
It said it was “very difficult, even for professionals, to understand which parts of the planning law apply in Wales, leading to increased costs to individuals, communities and businesses, as well as to local planning authorities.”
The Law Commission added that the Planning (Wales) Bill reformed plan-making functions in Wales but did not fundamentally address the distinct process of development management and consideration of planning applications, nor the relationship between development management and local development plans.
It said its project would consider the benefits of a simplified and modernised system that reflected the needs of Wales, “a smaller country [than England] with different types of land use, and where there is a close connection between government bodies”.
The Law Commission said its main focus would be the reform of the development control process, and the relationship between this and plan-making.
