2. Questions to the Counsel General – in the Senedd on 28 November 2018.
1. What representations has the Counsel General made on behalf of the Welsh Government regarding the duties of local planning authorities to advertise the receipt of planning applications? OAQ52983
The law in this matter is quite clear. The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 requires applications for planning permission to be publicised by local planning authorities. They are required to maintain a public register of applications, and detailed guidance is contained in the development management manual.
Thank you very much for that response, but, certainly, every Member in this Chamber will have received complaints at some point or another from local residents because they weren’t aware of a planning application introduced to the local authority. By the time they do learn about it, then very often the decision has already been made. Usually, the local authority will have put a notice on a remote lamp post somewhere, and will consider this to be adequate in terms of public consultation. Quite simply, many feel that the legal requirements on local authorities to consult on planning applications are too weak. So, have you had any discussions with the Cabinet Secretary for Energy, Planning and Rural Affairs on this issue, and do you believe that additional legal provision is required in order to ensure that appropriate consultation happens, particularly with local residents, in line with the requirements of the Well-being of Future Generations (Wales) Act 2015?
Thank you to the Member for that further question. The legislative framework sets out the minimum requirements and responsibilities of local authorities to advertise. It has to be done close to the area and in a newspaper and, on top of that, flexibility is available for local authorities to expand the advertising that’s done for plans such as these. It’s a responsibility on them to ensure that the types of advertisements are suitable and, as I said earlier, to ensure that there is a public register maintained, so that the public can access and understand what the plans are. Of course, there is an opportunity for anyone who has a complaint in this area against a local authority for not reaching the statutory minimum, or for not ensuring specific or suitable measures—it is open to them, of course, to take up the issue with the Public Services Ombudsman for Wales and take their complaint through that official process.