9. 7. & 8. The Planning (Hazardous Substances) (Determination of Procedure) (Wales) Order 2017, and The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2017

– in the Senedd at 6:34 pm on 4 April 2017.

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Photo of Ann Jones Ann Jones Labour 6:34, 4 April 2017

We move to items 7 and 8 on our agenda this afternoon. In accordance with Standing Order 12.24, I propose that the following two motions under item 7 and item 8 are grouped for debate. Does any Member object? No. Therefore, I call on the leader of the house, Jane Hutt, to move the motions. Jane.

(Translated)

Motion NDM6280 Jane Hutt

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

Approves that the draft The Planning (Hazardous Substances) (Determination of Procedure) (Wales) Order 2017 is made in accordance with the draft laid in the Table Office on 10 March 2017.

(Translated)

Motion NDM6281 Jane Hutt

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

Approves that the draft The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2017 is made in accordance with the draft laid in the Table Office on 10 March 2017.

(Translated)

Motions moved.

Photo of Jane Hutt Jane Hutt Labour 6:34, 4 April 2017

I’m pleased, Deputy Presiding Officer, to present these statutory instruments to the Assembly for approval. These regulations and the Order are the first of two suites of statutory instruments that bring into force improvements to create a quicker and more streamlined and cost-effective appeals and call-in process in Wales. The second suite of statutory instruments will be subject to the negative procedure.

Firstly, you’re invited to approve the Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2017. These regulations make technical amendments to existing legislation, which requires a fee to be paid to the local planning authority where an appeal results in a deemed application for planning permission. Where a fee is required in relation to a deemed application, the Welsh Ministers are required to send a notice to the appellant specifying the time frame in which the fee must be paid to the local planning authority. However, the local planning authority will normally have little knowledge of the existence of the deemed application. The amendments made by these regulations will correct this anomaly and require the Welsh Ministers to send the same notice to the relevant local planning authority at the same time as the appellant. The amendments made by these regulations will also place a duty on the relevant local planning authority to notify the Welsh Ministers when a fee has been paid, or if a fee has not been paid within the specified time. I consider that this amendment will help increase clarity and certainty in the appeals process, and provide clear communication between the appellant, the local planning authority and the Welsh Ministers.

Secondly, you’re also invited to approve the town and country planning determination of procedure Wales Order 2017. Currently the Welsh Ministers must make a determination on whether an appeal or called-in application will be dealt with by way of written representations, a hearing or an inquiry. This applies to the majority of appeal and call-in types. This Order add appeals against hazardous substances contravention notices to the existing list of proceedings in respect of which the Welsh Ministers must determine procedure. This change will ensure further consistency across appeal types. I consider that these proposals, along with the wider reforms to the appeals process, will support the positive planning agenda as an enabler of development and ensure timely decision making on appeals and applications in Wales.

Photo of Ann Jones Ann Jones Labour 6:36, 4 April 2017

Thank you very much. There are no speakers, therefore the proposal is to agree the motion under item 7. Does any Member object? No. Therefore, the motion under item 7 is agreed accordance with Standing Order 12:36.

(Translated)

Motion agreed in accordance with Standing Order 12.36.

Photo of Ann Jones Ann Jones Labour 6:37, 4 April 2017

The proposal is to agree the motion under item 8. Does any Member object? No. Therefore, the motion under item 8 is agreed in accordance with Standing Order 12.36.

(Translated)

Motion agreed in accordance with Standing Order 12.36.