Planning Law

1. Questions to the Cabinet Secretary for Energy, Planning and Rural Affairs – in the Senedd on 14 February 2018.

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Photo of David Rowlands David Rowlands UKIP

2. A wnaiff Ysgrifennydd y Cabinet amlinellu sut y mae Llywodraeth Cymru yn bwriadu symleiddio'r gyfraith gynllunio yng Nghymru i'w gwneud yn haws i'w deall? OAQ51744

Photo of Lesley Griffiths Lesley Griffiths Labour 1:30, 14 February 2018

Thank you. This week, I published the consultation, a completely revised 'Planning Policy Wales', to make it more streamlined. In addition, I've asked the Law Commission to undertake a review of planning law in Wales to provide recommendations on simplifying and consolidating planning legislation.

Photo of David Rowlands David Rowlands UKIP

Thank you for that reply, Cabinet Secretary. I do understand that the Welsh Government has planning laws under consideration, but would the Cabinet Secretary not agree with me that simplicity must constitute a key element in the Government's approach to any changes to laws governing planning, especially given that planning laws in Wales at present are so complicated and often difficult to interpret and that the increasing divergence between the planning laws of England and Wales is, perhaps, exacerbating the situation? 

New legislation made in the Assembly and in the UK Parliament may apply to Wales only, to England only or to both England and Wales, thus creating an evermore complex planning regime. Can you give us an assurance, Cabinet Minister, that, when the report is published in March, you will take these concerns into account?

Photo of Lesley Griffiths Lesley Griffiths Labour 1:31, 14 February 2018

I certainly think there is a very clear need to simplify and consolidate Welsh planning legislation, and, certainly, the scoping paper that the Law Commission brought forward back in July 2016—I think it was something like 94 per cent of respondents clearly said that there was a need to simplify it, so I certainly wouldn't argue with that.

I think, also, since I've been in portfolio, a great number of stakeholders have told me that they do find it very difficult to work through the existing very complex legislation. So, simplification has to be top of the list, I think.

Photo of Mohammad Asghar Mohammad Asghar Conservative 1:32, 14 February 2018

Good afternoon, Minister. At the moment, planning consent will normally lapse unless development is started within three years. Local authorities may serve a completion notice stating that the planning permission will cease if there is expiration of a further specified period, but they do not have the power to require that a development should actually be completed. That is the scenario. What plans does the Cabinet Secretary have to simplify the process for serving completion notices by giving local authorities in Wales the power to specify a date by which a development must be completed? Thank you.

Photo of Lesley Griffiths Lesley Griffiths Labour

That is not something that I did ahead of the consultation that I launched on Monday. So, in relation to planning law, which was the original question, I mentioned that we've got two consultations running in parallel—the Law Commission one and the one that I launched on Monday. And certainly, within that 'Planning Policy Wales' consultation, it's something that we can look at.

Photo of Mick Antoniw Mick Antoniw Labour 1:33, 14 February 2018

Cabinet Secretary, you'll be aware of the concerns I've raised about the clarity of planning law in respect of houses in multiple occupation and the way that has particularly impacted on parts of my constituency, and Treforest in particular, where you see communities beginning to disintegrate because of the unbridled growth of HMOs. Could you outline what the position is with regard to HMOs and what you intend to do in respect of the representations for those communities that are under threat in that particular way?

Photo of Lesley Griffiths Lesley Griffiths Labour

Thank you. Yes, I'm very aware of your concerns and I share your concerns. I think we had a very constructive meeting with my officials who, you'll be aware, are analysing the planning appeals that have come forward regarding HMOs right across Wales—in all areas of Wales, I think—to identify if there are any specific issues that we need to look at.

You'll be aware that it is for local authorities to decide whether to introduce local policies against which to assess planning applications for HMOs, and that's after they've considered the costs and benefits for each individual application. And I do understand that Rhondda Cynon Taf council has recently prepared draft supplementary planning guidance on HMOs, and that's currently out for public consultation also. I think that's something that I would very much support.