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Consulting and notifying the Welsh Ministers on development proposals before applying for planning permission

In certain circumstances a developer is required to consult, or notify, the Welsh Ministers before submitting a planning application.

Article 4 of the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 introduced a new Part 1A into the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (the 2012 Order). Part 1A sets out new rules concerning the statutory consultation or notification requirements for applications for major development.

Consultation with the Welsh Ministers

The new Part 1A requires a developer to consult the authority, body or person set out in Schedule 4 of the 2012 Order (as amended). The following list sets out the relevant paragraphs of Schedule 4 where the Welsh Ministers must be consulted.

Different parts of the Welsh Government consider different proposals.

Paragraph E

Development likely to result in a material increase in the volume or a material change in the character of traffic:

  • entering or leaving a trunk road; or 
  • using a level crossing over a railway.

These proposals are considered by the Welsh Government’s Transport Directorate.

Proposals for the South and West Wales areas should be sent to LGC_Development_Control-South@wales.gsi.gov.uk

Proposals for the North and Mid-Wales areas should be sent to NorthandMidWalesDevelopmentControlMailbox@wales.gsi.gov.uk

Paragraph I

  • Development which has a direct physical impact on a scheduled monument.
  • Development likely to be visible from a scheduled monument and which meets one of the following criteria:
    • it is within a distance of 0.5 kilometres from any point of the perimeter of a scheduled monument;
    • it is within a distance of 1 kilometre from the perimeter of a scheduled monument and is 15 metres or more in height, or has an area of 0.2 hectares or more;
    • it is within a distance of 2 kilometres from the perimeter of a scheduled monument and is 50 metres or more in height, or has an area of 0.5 hectares or more;
    • it is within a distance of 3 kilometres from the perimeter of a scheduled monument and is 75 metres or more in height, or has an area of 1 hectare or more; or
    • it is within a distance of 5 kilometres from the perimeter of a scheduled monument and is 100 metres or more in height, or has an area of 1 hectare or more.
  • Development likely to affect the site of a registered historic park or garden or its setting;
  • Development within a registered historic landscape that requires an Environmental Impact Assessment; or
  • Development likely to have an impact on the outstanding universal value of a World Heritage Site

These proposals are considered by Cadw. Proposals should be sent to CADW1@wales.gsi.gov.uk

Paragraph S

Development which is not for agricultural purposes, is not in accordance with the provisions of a development plan and involves:

  • the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or
  • the loss of less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, in circumstances in which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more.

These proposals are considered by the Welsh Government’s Agriculture Directorate.  Proposals should be sent to LQAS@wales.gsi.gov.uk

Notification to the Welsh Ministers

Part 1A also requires that a developer must publicise the proposed application, including writing to any owner or occupier of any land adjoining the land to which the proposed application relates.

Where adjoining land is owned by Welsh Government, the notice should be sent to estatesprofessionalservices@wales.gsi.gov.uk