Independent report

Planning Law in Wales final report

Law Commission launches reforms to planning law in Wales.

• From: Law Commission
• Published: 30 November 2018

Documents

Planning Law in Wales

Ref: ISBN 978-1-5286-0905-0 , HC 1788

PDF, 3.13 MB, 484 pages

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Details

The Law Commission has published a wide-ranging report proposing over 190 technical reforms to planning law as it applies in Wales. This will hopefully lead to the appearance of a new Planning Act, as the centrepiece of a new Planning Code for Wales.

The need for reform

The legislation governing the planning system in England and Wales is confused and unhelpful. It has been much amended and supplemented over the last 30 years, it is full of obsolete provisions and does not meet current best practice.

In response, the Welsh Government invited the Law Commission to review the legislation relating to planning as it applies in Wales.

The Law Commission’s recommendations

Considering the consultation responses, our report contains 193 recommendations to cut back and simplify the legislation so it is fit for purpose.

These include:

• making clear the principles underlying the planning system in Wales
• simplifying the law as to when planning permission is required
• clarifying the status of outline planning applications
• tightening up the law on pre-commencement conditions
• enabling planning obligations to be entered into by prospective purchasers
• rationalising penalties for breaches of planning control
• simplifying the authorisation of works to listed buildings
• enabling landowners to discover when they need various special consents
• enabling authorities to remove unauthorised advertisement hoardings
• tightening up control over works to protected trees
• simplifying the law on High Court challenges
• clarifying the definition of some technical terms

We have also proposed repealing many unused pieces of legislation, including those relating to planning inquiry commissions, simplified planning zones, enterprise zones, new towns, urban development corporations, rural development boards, archaeological areas, and advertisement appeals tribunals. Most of these have not been used for thirty years or more and some have never been used at all.

Our proposals will not affect planning law as it applies in England.

Find out more on the Law Commission website.

Published 30 November 2018