30th November 2017
Draft new Planning Law Released Today
A new Planning Code for Wales: comprehensive, but simpler
Planning law in Wales is unnecessarily complicated and, in places, difficult to understand.
The legislation has not been consolidated since the Town and Country Planning Act 1990, and that has been supplemented by a succession of piecemeal changes ever since.
Furthermore, the increasing divergence between the law in England and Wales has made it difficult to identify what the planning law of Wales actually is.
New legislation made in the Assembly and in Parliament may apply to Wales only, to England only, or to both England and Wales. This creates an ever more complex system.
As part of our 12th programme of law reform the Law Commission was asked by the Welsh Government to examine the operation of the development management system.
We didn’t think there was a need for further major policy changes in this area, but there is clearly a need for planning law in Wales to be simplified and modernised.
This also followed our earlier report on The Form and Accessibility of the Law Applicable in Wales.
The Welsh Government is now preparing a new Planning Code, incorporating almost all of the 1990 Act and many of the other Acts that added to it. And the Commission is working on technical reforms, to improve how the system works in practice.
The current stage of the project
We produced a scoping paper in June 2016, setting out our preliminary proposals on the nature and extent of the consolidation and reform exercise. We received a variety of responses from all key stakeholders.
We have now produced a full Consultation Paper, setting out our conclusions as to the scope of the project and outlining our proposals for technical reforms.
The consultation paper was published on 30 November 2017, and the consultation process will last for three months – until 1 March 2018.
We will then analyse the responses, and produce a final report to the Welsh Government, which will inform the production of the new Planning Code. The Code is expected to obtain Royal Assent in 2020.