Contents
- 1 Meaning of “the principal Act”
- 2 Minor and consequential amendments and repeals
- 4 Power to make further provision in connection with the principal Act
- 5 Coming into force
- 6 Short title
- Schedule 2 Amendments to other acts of the united kingdom parliament
- Schedule 3 Amendments to assembly measures and acts of senedd cymru
1Meaning of “the principal Act”#
In this Act “the principal Act” means the Planning (Wales) Act 2026.
2Minor and consequential amendments and repeals#
(1)Schedules 1 to 4 contain minor and consequential amendments (including repeals) in connection with the principal Act and the Historic Environment (Wales) Act 2023 (asc 3).
(2)Schedule 1 contains amendments to the Town and Country Planning Act 1990 (c. 8).
(3)Schedule 2 contains amendments to other Acts of the Parliament of the United Kingdom.
(4)Schedule 3 contains amendments to Assembly Measures and Acts of Senedd Cymru.
(5)Schedule 4 contains amendments to other legislation.
(6)For the purposes of any reference in Schedule 1, 2 or 3 to whether another enactment is in force—
(a)the question of whether the enactment is in force is to be determined at the time when the paragraph of Schedule 1, 2 or 3 containing the reference comes into force;
(b)if the enactment comes into force at the same time as the paragraph containing the reference, it is to be treated as having come into force immediately before that paragraph;
(c)the enactment is to be treated as not being in force if it is only in force so far as it confers a power to make subordinate legislation.
(7)In those Schedules—• “LURA 2023” (“DFfBA 2023”) means the Levelling-up and Regeneration Act 2023 (c. 55);• “PIA 2025” (“DCS 2025”) means the Planning and Infrastructure Act 2025 (c. 34);• “PWA 2015” (“DCC 2015”) means the Planning (Wales) Act 2015 (anaw 4).
4Power to make further provision in connection with the principal Act#
(1)The Welsh Ministers may by regulations made by Welsh statutory instrument—
(a)make provision that is incidental or supplementary to, or consequential on, any provision of the principal Act or this Act;
(b)make transitional or saving provision in connection with any provision of the principal Act or this Act.
(2)Regulations under this section may amend, repeal or revoke any enactment, whenever enacted or made (including a provision of the principal Act or this Act).
(3)Regulations under this section that amend or repeal any enactment contained in primary legislation are subject to the Senedd approval procedure.
(4)Any other regulations under this section are subject to the Senedd annulment procedure.
(5)In this section—• “enactment” (“deddfiad”) includes a provision of a Church of England Measure (within the meaning given by section 408 of the principal Act) or of an instrument made under such a Measure;• “primary legislation (“deddfwriaeth sylfaenol”) means—(a) an Act of Senedd Cymru,(b) an Assembly Measure, or(c) an Act of the Parliament of the United Kingdom.
5Coming into force#
(1)The following provisions come into force on the day after the day this Act receives Royal Assent—
(a)section 1;
(b)section 2 so far as it relates to the provisions of Schedules 2 and 3 mentioned in paragraphs (f) and (g);
(c)section 4;
(d)this section;
(e)section 6;
(f)paragraphs 139(a), 153(a), 178(c), 180(c), 187(a) and 262(a) of Schedule 2;
(g)paragraphs 42, 47, 48, 50, 56(b), 60 to 63, 64(b) and 65 to 67 of Schedule 3.
(2)So far as they are not brought into force by subsection (1), sections 2 and 3 and Schedules 1 to 5 come into force on a day appointed by the Welsh Ministers in an order made by Welsh statutory instrument.
(3)An order under subsection (2) may make transitional or saving provision in connection with the coming into force of a provision brought into force by the order.
(4)If the fact that another enactment will or will not be in force on the day appointed by an order under subsection (2) means that a provision of Schedule 1, 2 or 3 will not take effect, the order may repeal that provision and make any other amendments to Schedules 1 to 5 that are consequential on the repeal.
(5)Nothing in this section limits, or is limited by, the powers conferred by section 4.
6Short title#
This Act may be referred to as—
(a)the Planning (Consequential Provisions) (Wales) Act 2026, or
(b)Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026.
Schedule 2 · Amendments to other acts of the united kingdom parliament
(139)In section 121—
(a)after subsection (5E) insert—“5EA Subsections (2) and (3) of section 250 of the Local Government Act 1972 (evidence at local inquiries) apply in relation to a hearing under subsection (5A) in Wales as they apply (by virtue of section 302(1) of this Act) to a local inquiry under this Act.”
(b)for subsection (5F) substitute--“5F Sections 372 and 373 of the Planning (Wales) Act 2026 (costs) apply in relation to a hearing or local inquiry under subsection (5A) in Wales as they apply in relation to a hearing or local inquiry under that Act.”
(153)In Schedule 6, in paragraph 2B—
(a)after sub-paragraph (3) insert—“3A Subsections (2) and (3) of section 250 of the Local Government Act 1972 (evidence at local inquiries) apply in relation to a hearing under paragraph 2 in Wales as they apply (by virtue of section 302(1) of this Act) to a local inquiry under this Act.”
(b)for sub-paragraph (4) (inserted by paragraph 3(c) of Schedule 5 to PWA 2015) substitute—“4 Sections 372 and 373 of the Planning (Wales) Act 2026 (costs) apply in relation to a hearing or local inquiry under paragraph 2 in Wales as they apply in relation to a hearing or local inquiry under that Act, but as if the references in section373(2) and (3) to the Welsh Ministers were references to the Welsh Ministers or a person appointed by them under paragraph 2A(1) of this Schedule.”
(178)In section 28F—
(a)in subsection (10), in the words before paragraph (a), after “this section” insert “in England”;
(b)in subsection (11), after “this section” insert “in England”;
(c)after subsection (11) insert—“11A Section 369 of the Planning (Wales) Act 2026 (evidence at local inquiries) applies in relation to a hearing or local inquiry under this section in Wales as it applies in relation to a local inquiry under that Act, but as if references to a person holding an inquiry were references to the Welsh Ministers or the person appointed to conduct the hearing or inquiry under this section.”
(d)for subsection (12) substitute—“12 Sections 372 and 373 of that Act (costs) apply in relation to a hearing or local inquiry under this section in Wales as they apply in relation to a hearing or local inquiry under that Act.”
(180)In section 28L—
(a)in subsection (12), in the words before paragraph (a), after “this section” insert “in England”;
(b)in subsection (13), after “this section” insert “in England”;
(c)after subsection (13) insert—“13A Section 369 of the Planning (Wales) Act 2026 (evidence at local inquiries) applies in relation to a hearing or local inquiry under this section in Wales as it applies in relation to a local inquiry under that Act, but as if references to a person holding an inquiry were references to the Welsh Ministers or the person appointed to conduct the hearing or inquiry under this section.”
(d)for subsection (14) substitute—“14 Sections 372 and 373 of that Act (costs) apply in relation to a hearing or local inquiry under this section in Wales as they apply in relation to a hearing or local inquiry under that Act.”
(187)In Schedule 15, in paragraph 10A—
(a)after sub-paragraph (3) insert—“3A Section 369 of the Planning (Wales) Act 2026 (evidence at local inquiries) applies in relation to a hearing or local inquiry under paragraph 7 or 8 in Wales as it applies in relation to a local inquiry under that Act.”
(b)for sub-paragraph (4) substitute—“4 Sections 372 and 373 of the Planning (Wales) Act 2026 (costs) apply in relation to a hearing or local inquiry under paragraph 7 or 8 in Wales as they apply in relation to a hearing or local inquiry under that Act, but as if the references in section 373(2) and (3) to the Welsh Ministers were references to the Welsh Ministers or a person appointed by them under paragraph 10(1) of this Schedule.”
(262)In Part 1 of Schedule 18—
| “Section 105 of the Planning (Wales) Act 2026 | Date of decision to refuse planning permission or grant it subject to conditions |
| Section 106 of that Act | Date modification or revocation of planning permission takes effect |
| Section 118(4) of that Act | Date damage is caused |
| Section 124(3) of that Act | Date temporary stop notice takes effect or is withdraw (as specified in section 124(7)) |
| Section 152(3) of that Act | Date enforcement notice is quashed, varied or withdrawn or stop notice is withdrawn (as specified in section 152(8)) |
| Section 211 of that Act | Date discontinuance order takes effect |
| Provision made by control of advertisements regulations under section 226 of that Act | Date on which—(a) consent required by the regulations is refused or given subject to conditions,(b) a requirement to discontinue the display of an advertisement takes effect,(c) a change or revocation of consent takes effect, or(d) any other event specified in the regulations occurs |
| Section 232 of that Act | Date damage is caused |
| Provision made by tree preservation regulations under section 242 of that Act | Date on which—(a) consent required by the regulations is refused,(b) consent is given subject to conditions, or(c) any approval required under a condition of consent is refused |
| Section 261(4) of that Act | Date damage is caused |
| Section 273(4) of that Act | Date right is extinguished or apparatus is transferred |
| Section 285(2) of that Act | Date of claim |
| Section 289(2) of that Act | Date order under section 286 comes into force |
| Section 319(1)(a) of that Act | Date of decision made in accordance with section 309 |
| Section 319(1)(b) of that Act | Date modification or revocation of planning permission takes effect |
| Section 320(1) or (2) of that Act | Date right is extinguished or requirement is imposed |
| Section 320(3) of that Act | Date works are carried out |
| Section 388(4) of that Act | Date damage is caused |
| Paragraph 3(2) of Schedule 11 to that Act | Date application under paragraph 7 of Schedule 9 is finally determined |
| Paragraph 3(2) of Schedule 16 to that Act | Date prohibition order or protection order takes effect”. |
(a)after the entry relating to section 122 of the Historic Environment (Wales) Act 2023 insert—
(b)after the entry relating to section 155(4) of that Act insert—
Schedule 3 · Amendments to assembly measures and acts of senedd cymru
(42)In section 58(2)(b), for “this Chapter” substitute “Chapter 6”.
(47)In section 96(2)(b), in the Welsh language text, for “safle’r” substitute “gosodiad yr”.
(48)In section 114(6)(b), in the Welsh language text, for “safle’r” substitute “gosodiad yr”.
(50)In section 128(6), for “on the appeal (including any decision relating to the exercise of the powers conferred by subsection (3))” substitute “in relation to a grant of listed building consent or the removal of a condition of listed building consent under subsection (3)”.
(56)In section 167(2)—
(a)for paragraph (c) substitute—“c make provision about the amount of a fee or charge (which may include provision that specifies the amount or confers a function of specifying it, or provision about how the amount is to be calculated and who is to make the calculation);”
(b)omit paragraph (g).
(60)Omit section 173(4).
(61)In section 182(3), in paragraphs (a) and (b), for the words from “made” to the end substitute “whether before or after it is made or confirmed”.
(62)In section 197(1)(b), after “name and” insert “postal”.
(63)In section 199(3)(b), after “name and” insert “postal”.
(64)In section 210—
(a)for the definition of “development” substitute—“• “development” (“datblygiad”) has the meaning given by section 3 of the Planning (Wales) Act 2026 (see also sections 4 to 6 of that Act);”
(b)after the definition of “monument” insert—“• “mortgage” (“morgais”) includes any charge or lien on any property for securing money or money’s worth;”
(c)for the definition of “planning authority” substitute—“• “planning authority” (“awdurdod cynllunio”) has the meaning given by section 7 of the Planning (Wales) Act 2026;”
(d)in the definition of “planning permission”, for “section 336(1) of the Town and Country Planning Act 1990 (c. 8)” substitute “section 408 of the Planning (Wales) Act 2026”;
(e)for the definition of “statutory undertaker” substitute—“• statutory undertaker” (“ymgymerwr statudol”) has the meaning given by section 303 of the Planning (Wales) Act 2026, and references to the undertaking of a statutory undertaker are to its statutory undertaking within the meaning given by that section.”
(65)In Schedule 2, in paragraph 6, for “Where an appointed person is a member of the staff of the Welsh Government, the” substitute “An appointed”.
(66)In Schedule 9, in paragraph 3(3), for “that person” substitute “each of the persons on whom it was served”.
(67)
(1)Schedule 12 is amended as follows.
(2)In paragraph 2(2), in the words before paragraph (a), for “this Schedule or section 174” substitute “section 173 or this Schedule”.
(3)In paragraph 3, after sub-paragraph (1) insert—“1A The costs of the local inquiry or hearing are to be met by the Welsh Ministers; but this is subject to section 180.”
(4)Omit paragraph 5(4)(a).
(5)In paragraph 6(3), for “paragraph 5” substitute “section 173(3)(b)”.
(6)In paragraph 7(2), for “Where an appointed person is a member of the staff of the Welsh Government, the” substitute “An appointed”.
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