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Enforcement and Planning Appeals

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Thank you for your views on the draft Planning Bill and our proposals to modernise the Planning system in Wales.
We want your views on our detailed proposals for the new pre-application procedures that are provided for in the Planning (Wales) Bill.
We plan to make an order under section 203 of the Planning Act 2008.
Read our proposals to change the fees that accompany a planning application.
We want your views on our proposals to reform planning committees and introduce a national scheme of delegation.
We want your views on how we can support our national planning policy on design and facilitate the delivery of good design through the planning system.
This circular provides contemporary guidance and references to legislation, as well as an updated list of model conditions to promote best practice in Wales.

The Planning (Wales) Act 2015 has made a series of improvements to modernise the planning enforcement system.

This will ensure that breaches of planning control can be remedied quickly and efficiently, helping to maintain community confidence in the planning system.

The provisions will reduce the opportunities to delay effective enforcement action by preventing developers from repeatedly submitting either applications or appeals where they have already failed to obtain planning permission in circumstances set out in secondary legislation by the Welsh Ministers.

Improvements introduced by the act include:

  • providing local planning authorities with the power to require the submission of retrospective planning applications where unauthorised development can be regularised and controlled by planning conditions
  • providing a power to decline to determine retrospective planning applications for development that is subject to an enforcement notice.

Planning legislation allows applicants to appeal to the Welsh Ministers against the decision of a local planning authority. The planning appeal system is administered on the behalf of the Welsh Ministers by the Planning Inspectorate Wales. A very small number of appeals are recovered for decision by the Welsh Ministers. The act has made a number of changes that are aimed to improve the efficiency, transparency and fairness of the planning appeals system.  These include:

  • introduction of a new appeal process where the validity of a planning application is disputed
  • prohibition of the variation or amendment of a planning application after an appeal has been made, only in circumstances prescribed by the Welsh Ministers in secondary legislation.
  • ensuring that new matters will only be allowed to be raised during an appeal in exceptional circumstances
  • consolidation of the costs regime for appeals, applications and references to the Welsh Ministers (‘’call-ins’’)
  • allowing the Welsh Ministers to write procedure rules for inquiries and hearings.