23/04/2019

Is there reform in store for Welsh planning law?

Planning law is a fully devolved area of law in Wales and the Law Commission (the “Commission”) was recently asked by the Welsh Government to consider the operation of the current system.

The final report, published by the Commission in late 2018, found that there may be reform in store for the current “unnecessarily complicated” area of Welsh planning law.

In their report, the Commission noted the legislation governing Welsh planning matters has not been consolidated since the Town and Country Planning Act 1990, which has been supplemented by a piecemeal changes ever since.

The Commission concluded that further policy changes aren’t needed but there is a clear need for planning law in Wales to be simplified and modernised.

They produced 193 recommendations in their final report. These included:

  • Simplifying the law when planning permission is required
  • Simplifying the authorisation of works to listed buildings
  • Simplifying the law on High Court challenges
  • Clarifying definitions of technical terms
  • Repeal of unused legislative provisions
  • Proposed change to the regulations which govern unauthorised advertising, including increasing the maximum sentence on conviction to an unlimited fine.

These recommendations, and the report as a whole will form part of the evidence base for the Welsh Government to consider in simplifying and consolidating planning legislation in Wales.

The Welsh Government will provide an initial response to this report by the end of May 2019 and a detailed response by the end of November 2019.

Watch this space for further planning law updates…