Proposed Town and Country Planning Legislative Competence Order

Karen Sinclair

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

Amendments to Schedule 5 of the Government of Wales Act 2006:

Field 18: Town and Country Planning

To add matter:

Provision concerning the duration of planning permissions and related conditions

Pre-ballot Information: Explanatory Memorandum

Policy Objectives of the Proposed Order

Currently, under The Town and Country Planning Act 1990, active planning permissions lapse 5 years after the date from which they are granted if no work has been undertaken at the designated site.

However, planning permission in perpetuity is granted at a site if a minimum amount of work is undertaken.
This has led, in some instances, to partially implemented planning permissions, dating back many years, being relied upon for installations which would not gain planning consent under existing planning or environmental law (such as landfill or waste sites).

Why the LCO is the most appropriate vehicle

The Assembly currently does not have any legislative scope in this area.

Current Legislative competence of the Assembly

The Welsh Assembly Government is responsible for the overall framework of the planning system in Wales, but the National Assembly for Wales has no current legislative competence to change the conditions upon which a planning application stands.