Regulatory and legal update: Detailing the current regulatory outlook and approach

to brownfield land in Wales

Stephen Morris, Partner, Real Estate, Acuity Legal

• A comparison of the planning legislative and policy frameworks in England and Wales

• The reforms of the Planning (Wales) Act 2015 • Some key planning initiatives relevant to brownfield

development • Outlook in the medium term

• Which developments should and shouldn’t get planning permission

• How land should be protected • The balance between environmental protection

and development

PLAN-LED SYSTEMS

PRIMARY PLANNING LEGISLATION IN ENGLAND AND WALES

ENGLAND WALES

Town and Country Planning Act 1990 (sets out how development will be regulated)

Town and Country Planning Act 1990

Planning and Compulsory Purchase Act 2004 (changed development control, compulsory purchase)

Planning and Compulsory Purchase Act 2004

Planning Act 2008 (established concept of nationally significant infrastructure projects and community infrastructure levy)

Planning Act 2008

Localism Act 2001 (established neighbourhood planning powers and the duty on councils to cooperate)

Planning (Wales) Act 2015

Wellbeing of Future Generations (Wales) Act 2015

Environment (Wales) Act 2016

PLANNING POLICY IN ENGLAND AND WALES

ENGLAND WALES

National Planning Policy Framework (NPPF) Planning Policy Wales (PPW) Minerals Policy Wales

Planning Practice Guidance (PPG) Technical Advice Notes (TAN) and Mineral Technical Advice Notes (MTAN)

KEY REFORMS BROUGHT IN BY THE PLANNING (WALES) ACT 2015

• Establishing the principle of sustainable development • Introducing a new system of development plans to replace the existing system • Enabling applications to be made directly to the Welsh Ministers where developments are of

“national significance” • Encourages front-loading of work by early consultation and pre-application services • Appeals • Town and Village Greens

SUSTAINABLE DEVELOPMENT

• Principles within Well-Being of Future Generations (Wales) Act 2015 and Environment (Wales) Act 2015

• “Shared Purposes Shared Future”

SUSTAINABLE DEVELOPMENT

DEVELOPMENT PLAN SYSTEM

• National Development Framework to replace Wales Spatial Plan in 2019-20

• New strategic development panels – Cardiff, Swansea, A55 corridor

• Local Development Plans

DEVELOPMENTS OF NATIONAL SIGNIFICANCE

• Electricity generating stations • Onshore wind generating stations • Underground gas storage facilities • LNG facilities • Gas reception facilities • Airport-related development • Railways • Rail freight interchanges • Dams and reservoirs • Transfer of water resources • Waste water treatment plants or infrastructure for the

transfer or storage of waste water • Hazardous waste facilities

Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016

FRONT LOADING OF SERVICES

• Pre-application consultation mandatory for major development

• Early information to be provided:

• Planning history of the land

• Provisions of the development plan so far as material

• Supplementary planning guidance

• Any other material considerations

• Initial assessment of the proposed development

• Whether Section 106 or CIL is sought

OTHER REFORMS

• Appeals

• Town and Village Greens

PERMITTED DEVELOPMENT

• GPDO 1995 in Wales and GPDO 2015 in England

• Section 150 Housing and Planning Act 2016

• Town and Country Planning (Permission in Principle) Order 2017 – NOT WALES

• Town and Country Planning (Brownfield Land Register) Regulations 2017 – NOT WALES

• Suitable and available for residential development

• On land on which residential development is achievable

• Allocated for residential development having followed specified publicity and consultation procedures

OUTLOOK IN THE MEDIUM TERM

• Increasing divergence between England and Wales

• Important principles of sustainability and well-being introduced in Wales – consistent with development of brownfield sites

• Introduction of strategic planning in Wales welcome but risk of delay

• Concerns for the future – devolution deal and Brexit