The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2004

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2004, ISBN 0110909461. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" "planning obligation" means an obligation entered into by agreement or otherwise by any person interested in land pursuant to section 106 of the Act[4];"; and

(b) after the definition of "reserved matters", insert - 

" "Secretary of State" shall be construed, in relation to Wales, as meaning the National Assembly for Wales;
"section 278 agreement" means an agreement entered into pursuant to section 278 of the Highways Act 1980[5];".

     3. In article 22(1)(a) of the 1995 Order (written notice of decision or determination relating to a planning application), after "condition imposed", insert - 

     " , specifying all policies and proposals in the development plan which are relevant to the decision".

     4. In article 23 of the 1995 Order (appeals), after paragraph (3), insert - 

    " (4) The Secretary of State may refuse to accept a notice of appeal from an applicant if the documents required under paragraphs (1) and (3) are not served on him within the time limit specified in paragraph (2).".

     5. In article 25 of the 1995 Order (register of applications) - 

(a) delete paragraph (3) and substitute - 

    " (3) Part I of the register shall contain in respect of each such application and any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of - 


(a) a copy (which may be photographic) of the application together with any accompanying plans and drawings;

(b) a copy (which may be photographic) of any planning obligation or section 278 agreement proposed or entered into in connection with the application;

(c) a copy (which may be photographic) of any other planning obligation or section 278 agreement entered into in respect of the land which is the subject of the application and which the applicant considers relevant; and

(d) particulars of any modification to any planning obligation or section 278 agreement included in Part I of the register in accordance with sub-paragraphs (b) and (c) above.";



(b) after paragraph (4)(e), insert - 



" (f) a copy (which may be photographic) of any planning obligation or section 278 agreement entered into in connection with any decision of the local planning authority or the Secretary of State in respect of the application;

(g) a copy (which may be photographic) of any other planning obligation or section 278 agreement taken into account by the local planning authority or the Secretary of State when making the decision; and

(h) particulars of any modification to or discharge of any planning obligation or section 278 agreement included in Part II of the register in accordance with sub-paragraphs (f) and (g) above and paragraph (5) below."; and



(c) in paragraph (5), after "effect of the Secretary of State's decision", insert - 

" together with a copy (which may be photographic) of - 
(a) any planning obligation or section 278 agreement entered into in connection with the decision; and

(b) any other planning obligation or section 278 agreement taken into account by the Secretary of State when making the decision.".

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6].


D. Elis-Thomas
The Presiding Officer of the National Assembly

25 May 2004

[2] The functions of the Secretary of State were, so far as exercisable in relation to Wales, transferred to the National Assembly by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and are now exercisable by the National Assembly for Wales by virtue of article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) (W.5).back

[3] S.I. 1995/419, to which there are amendments not relevant to this Order.back

[4] Section 106 was substituted by section 12 of the Planning and Compensation Act 1991 (c.34).back

[5] 1980 c.66; this section was substituted by section 23 of the New Roads and Street Works Act 1991 (c.22). There are other amendments not relevant to this Order.back

[6] 1998 c.38.back