
2021 No. 1189 (W. 297)
Town And Country Planning, Wales
The Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021
Made 25 October 2021
Laid before Senedd Cymru 27 October 2021
Coming into force in accordance with article 1(2)
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59 and 74(1)(c) of the Town and Country Planning Act 1990 and now exercisable by them, and in exercise of the powers conferred on them by sections 61Z(8) and (9), 62R and 333(4B) of that Act, make the following Order.
Title, commencement, application and interpretation
1 

(1) The title of this Order is the Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021.
(2) This Order comes into force as follows—
(a) this article and articles 2(1) and 3(1) come into force on 1 December 2021;
(b) article 2(2)(b), (3)(a) and (c) and article 3(2)(b) come into force on 24 January 2022.
(3) Where—
(a) an application for planning permission is submitted before 25 April 2022; and
(b) the applicant is required to have consulted a Fire and Rescue Authority pursuant to article 2D of the 2012 Order but has not done so;
the applicant is to be treated as if they have complied with the requirements of articles 2D and 2F of the 2012 Order in respect of the requirement to consult a relevant Fire and Rescue Authority.
(4) Where an application for planning permission is made before 25 April 2022, article 14(1) of the 2012 Order does not apply so far as it requires a local planning authority to consult a Fire and Rescue Authority.
(5) Article 3(2)(b) does not apply to—
(a) proposed applications notified to the Welsh Ministers and local planning authorities in accordance with article 5 of the 2016 Order before 24 January 2022;
(b) applications made to the Welsh Ministers under section 62D of the 1990 Act before 24 January 2022.
(6) In this Order—
 “The 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990;
 “The 2012 Order” (“Gorchymyn 2012”) means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012;
 “The 2016 Order” (“Gorchymyn 2016”) means the Developments of National Significance (Procedure) (Wales) Order 2016.
Amendment of the 2012 Order
2 

(1) Schedule 4 to the 2012 Order is amended as follows.
(2) In the table—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) after row (y) insert—“
(z) 
Development—
(i) involving waste development;
(ii) involving the provision of dwellinghouses where either the number of dwellinghouses to be provided is 10 or more or the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the number of dwellinghouses to be provided is 10 or more;
(iii) involving the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more;
(iv) carried out on a site having an area of 1 hectare or more;
(v) involving the provision of 10 or more flats (whether by increasing the number of flats within an existing building or otherwise);
(vi) involving the provision of residential accommodation of 10 or more rooms, not contained in dwellinghouses or flats, which are not solely used for cooking purposes and are not toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms; or
(vii) involving the provision of residential accommodation of 10 or more rooms contained in a dwellinghouse or flat used as a house in multiple occupation, which are not solely used for cooking purposes and are not toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms.
 The Fire and Rescue Authority concerned”
(3) Under the heading “Interpretation of Table”—
(a) at the end of paragraph (m) omit “and”;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) after paragraph (n) insert—“
(o) in paragraph (z) “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.”
Amendment of the 2016 Order
3 

(1) Schedule 5 to the 2016 Order is amended as follows.
(2) In the table—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) after row (v) insert—“
(w) Development—
(i) involving waste development;
(ii) involving the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
(iii) carried out on a site having an area of 1 hectare or more. The Fire and Rescue Authority concerned”
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Julie James
Minister for Climate Change, one of the Welsh Ministers
