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(WALES) BILL Explanatory Memorandum PLANNING (WALES) BILL Explanatory Memorandum Incorporating the Regulatory Impact Assessment and Explanatory Notes October 2014 1 2 Planning (Wales) Bill Explanatory Memorandum to the Planning (Wales) Bill This Explanatory Memorandum has been prepared by the Department for Sustainable Futures of the Welsh Government and is laid before the National Assembly for Wales. Member’s Declaration In my view, the Planning (Wales) Bill introduced by me on 6 October 2014 would be within the legislative competence of the National Assembly for Wales. Carl Sargeant AM Minister for Natural Resources Assembly Member in charge of the Bill October 2014 3 4 CONTENTS List of abbreviations PART 1 – Explanatory Memorandum 1. Description 2. Legislative background 3. Purpose and intended effect of the provisions 4. Consultation 5. Power to make subordinate legislation 6. Regulatory Impact Assessment PART 2 – Regulatory Impact Assessment 7. Options, costs and benefits 8. Competition assessment and specific impacts 9. Post implementation review PART 3 – Explanatory Notes 10. Explanatory Notes 11. Table of derivations Annex A – Cumulative Costs table 5 List of Abbreviations AMS – Annual Monitoring Schedule CIPFA – The Chartered Institute of Public Finance and Accountancy CRA - Commons Registration Authorities DAS – Design and Access Statements DCLG – Department for Communities and Local Government DEFRA – Department for the Environment, Food and Rural Affairs DM – Development Management DNS – Developments of National Significance GDP – Gross Domestic Product GOWA – Government of Wales Act GPDO – General Permitted Development Order HRA – Habitats Regulations Assessment IAG – Independent Advisory Group IPC - Infrastructure Planning Commission LDP – Local Development Plan LPA – Local Planning Authority NDF – National Development Framework PAS – Planning Advisory Service PCPA – Planning and Compulsory Purchase Act POSW - Planning Officers Society Wales RTPI – Royal Town Planning Institute SA/ SEA – Sustainability Appraisal/ Strategic Environmental Assessment SDP – Strategic Development Plan TAN – Technical Advice Note TCPA – Town and Country Planning Act 6 TVG – Town and Village Greens WLGA – Welsh Local Government Association WSP – Wales Spatial Plan 7 Part 1 - Explanatory Memorandum 1 Description 1.1 The Planning (Wales) Bill (‘The Bill’) is a set of provisions derived from an extensive evidence base and stakeholder engagement that will provide a modern legislative framework for the operation of the planning system. It puts in place delivery structures, processes and procedures, to make the planning system fit for the 21st Century. Taken together the provisions will allow the planning system to support the delivery of national, local and community aspirations by creating sustainable places where citizens have improved access to quality homes, jobs and built and natural environments and supports the use of the Welsh language. 1.2 The Bill proposes to introduce changes that: . Provide a modern delivery framework for the preparation of development plans and planning decisions, including allowing the Welsh Ministers to decide a limited number of planning applications in defined circumstances. Reaffirm Welsh Government commitment to the plan led system. Addressing identified deficiencies at national and strategic levels by replacing the Wales Spatial Plan (WSP) by a National Development Framework (NDF) and introducing provisions which would allow the preparation of Strategic Development Plans (SDPs) where needed. Ensure that Local Development Plans (LDPs) are delivered and reviewed regularly so that they remain relevant to planning decisions. Improve the operation of the development management system so it complements the implementation of Local Development Plans (LDPs), including the introduction of provisions to promote greater consistency and availability of pre application advice. Further enhance engagement by making it easier for citizens to influence the future of their communities, through the introduction of statutory pre application consultation for significant planning applications. Overhaul the arrangements under which planning decisions are made including introducing provisions which would allow for the standardisation of planning committee arrangements and procedures and delegation to officers across Wales. Modernise the planning enforcement system to ensure that breaches of planning control can be remedied efficiently. Streamline the planning appeal process. 8 2 Legislative Background 2.1 Section 107 of the Government of Wales Act 2006 (GOWA) provides legislative competence for the National Assembly for Wales (the Assembly) to make laws for Wales known as Acts of the Assembly. 2.2 Section 108 of GOWA provides that a provision of an Act of the Assembly is within the Assembly’s legislative competence if it relates to one or more of the subjects listed under any of the headings in Part 1 of Schedule 7 of that Act and does not fall within any of the exceptions specified in that Part of the Schedule (whether or not under that heading or under any of those headings), and it neither applies otherwise than in relation to Wales nor confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales). 2.3 The subjects listed under the heading Town and Country Planning in paragraph 18 of Part 1 of Schedule 7, are: “Town and country planning,…Spatial planning…Urban development”. In addition: the following subjects are listed under paragraph 12 (Local Government) “Constitution, structure and areas of local authorities … Powers and duties of local authorities and their members and officers”; the following subject is listed under paragraph 6 (Environment); “Town and village greens”; and the following subject is listed under paragraph 14 (Public Administration) “Inquiries in respect of matters in relation to which the Welsh Ministers exercise functions”. 2.4 The above subjects provide the Assembly with the competence to make the provisions contained in the Planning (Wales) Bill. 2.5 Development consent under the Planning Act 2008 is excepted under the heading to paragraph 18. None of the provisions in the Planning (Wales) Bill falls within that (or any other) exception. 9 3 Purpose and intended effect of the provisions Overview 3.1 The planning system manages the development and use of land in the public interest. A well functioning planning system is essential for sustainable development. It must provide for an adequate and continuous supply of land, available and suitable for development to meet society’s needs, helping to provide the homes, jobs and infrastructure that we need collectively and individually. The planning system also provides protection and opportunities to enhance our most important built and natural environments and supports the use of the Welsh language. 3.2 Government establishes the overall context for the operation of the planning system by providing the legislative and policy framework. Day to day operation of the planning system is vested in local planning authorities who have responsibility for establishing the local policy framework – the LDPs, making decisions on planning applications and taking enforcement action where there are breaches of planning control. 3.3 The national framework for the operation of the planning system consists of three integrated and complementary parts: . Primary legislation . Subordinate legislation . Policy and guidance. 3.4 The main pieces of primary legislation as they relate to planning in Wales are: . The Town and Country Planning Act 1990 . The Planning and Compulsory Purchase Act 2004 . The Planning Act 2008 3.5 The provisions contained in the Planning (Wales) Bill seek to amend existing primary legislation, principally the 1990 and 2004 Acts. 3.6 The Planning Acts contain high level framework powers. The day to day operation of the planning system is dependent upon an extensive suite of subordinate legislation which describes in detail the procedures used to prepare development plans and the operation of the development management system. The main instruments of subordinate legislation are: . the Town and Country Planning (LDP) Regulations 2005 (SI 2005 No 2839) (W 203) as amended; . the Town and Country Planning (General Permitted Development) Order 1995 (GPDO) (SI 1995 No 418) as amended; . the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (DMPWO) (SI 2012 No 801) (W.110) as amended; 10 . the Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order) (SI 1987 No 764) as amended; and . the Town and Country Planning General Regulations 1992 (SI 1992 No 1492) as amended. 3.7 A number of the provisions contained in the Planning (Wales) Bill depend upon subordinate legislation for implementation. A series of policy intent papers and consultation documents are being published alongside the Bill to outline detailed implementation matters. These include: . Strategic Planning . Local Development Plans . Pre-application procedure . Developments of National Significance (DNS) . Option to make applications to Welsh Ministers . Non-Validation . Decision Notices . Notification of Development . Statutory Consultees . Enforcement . Appeals . Town and Village Greens 3.8 The third part of the national framework comprises policy and guidance. This includes the WSP, Planning Policy Wales, Minerals Planning Policy Wales and Technical Advice Notes. Together they set out the land use
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