Town and Country Planning (Development Management Procedure) (Wales) Order 2012

In line with the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, prior to the formal submission of a planning application, if a proposed development falls under any of the categories provided below then it is classed as a ‘Major Application’. This means it is required to undertake ‘a pre-application consultation’ so that people have the opportunity to provide comments directly to the developer prior to submission. It should be noted, however, that following this exercise, and once the planning application is formally submitted to the LPA, representation can still be made directly to the LPA within their consultation period.

  • 10+ dwellings / over half a hectare / building(s) exceeds 1000m²
  • Office / light industrial – 1000+ m² / 1+ hectare
  • General industrial – 1000+ m² / 1+ hectare
  • Retail – 1000+ m²/ 1+ hectare
  • Gypsy/traveller site – 10+ pitches
  • Site area exceeds 1 hectare

Please note the following:

  • The requirement to undertake pre-application consultation applies to all planning applications for “major” development (full or outline) and applications for Developments of National Significance (DNS).
  • The requirement does not apply to proposed applications under section 73 or 73A of the Town and Country Planning Act 1990 (“the 1990 Act”); reserved matters; non-material amendments or minor material amendments

Below is a summary of what is required as part of the ‘pre-application consultation exercise’:

  • Display a site notice at least one place on or near the application site (for no less than 28 days before submitting an application). In English and Welsh.
  • Write to any owner or occupier of land adjoining the proposed application site. Letters will contain the required content and in English and Welsh. This will give the consultee 28 says (from the date of the letter) to make any representation.
  • The community council and local members are listed as community consultees and also need to be consulted with.
  • Specialist consultees (i.e. NRW, Highways) need to be consulted with.
  • The Site Notice and Letters will need to identify a location within the vicinity of the site where the full application (including the Design and Access Statement) is made available and can be viewed.
  • The developer will need to maintain a record of all responses and how these have been addressed.
  • A Pre-Application Consultation Report (PAC) needs to be produced that details:
    • Copy of Site Notice
    • Declaration site notice was displayed in accordance with requirements
    • Copy of letters given to owners /occupiers of adjoining land
    • Copies of letters sent to community and specialist consultees
    • Summary of all issues raised in responses to 28 day consultation with confirmation by the Developer on how they have been dealt with.