Synopsis
This Act will consolidate Welsh planning law into a single Act, superseding planning legislation applicable in English and Wales, such as the Town and Country Planning Act 1990 and Welsh law such as the Planning (Wales) Act 2015.
The Act, which broadly consolidates policy rather than updating it, will be brought into force by forthcoming legislation.
Summary
The Planning (Wales) Act 2026 will consolidate Welsh planning law into a single Act, superseding English and Welsh law, such as the Town and Country Planning Act 1990 and Welsh law such as the Planning (Wales) Act 2015.
The supporting Planning (Consequential Provisions) (Wales) Act 2026 will make amendments to relevant planning legislation, either repealing it in Wales, ensuring English and Welsh planning law continues to function in an England-only context or updating references to reflect the Planning (Wales) Act 2026.
The Planning (Wales) Act 2026 will be brought into force by forthcoming commencing legislation.
This legislation will apply in Wales only.
What will change?
The Act is intended to consolidate existing policy, rather than introducing new policies, although some terms are updated for the Wales-only context.
A Table published by the Senedd details where parts of prior legislation are located within the Act.
Development subject to the Act
Development is defined as:
Section 6 defines operations or changes that are not development. This includes internal maintenance, improvement or alteration works that do not affect the external appearance or increase underground space or gross internal floor area. Qualifying highway, underground drainage or infrastructure maintenance works and changes to the use of land for agriculture or forestry are also excluded.
Development plans
Planning applications are determined in line with development plans, unless there is a good reason provided to deviate from this.
Development plans in Wales comprise the National Development Framework for Wales, any strategic development plans, and local development plans. The Act sets out powers and obligations on bodies to prepare, monitor, review and update these plans.
Sustainable development duty on public bodies
Public bodies exercising their functions with respect to development plans must do so to carry out sustainable development in accordance with the Well-being of Future Generations (Wales) Act 2015. Bodies must ensure that the development and use of land contribute to improving the economic, social, environmental and cultural well-being of Wales.
Planning permission and other consents or certificates
Development must be authorised by planning permission. Applications must be submitted for proposed developments. Conditions applied on any permissions granted must be met. Until commenced
Planning application types include full planning, outline planning (and subsequent reserved matters applications), lawful development certificates, listed building consents, advertisement consent, and applications to vary or discharge planning permissions or conditions.
Planning permission may be granted by the planning authority, or through a development order by the Welsh Ministers, a local development order by the planning authority or by enactments by a government department. For example, permission may be granted through consents under the Electricity Act 1989 or orders under the Transport and Works Act 1992.
Unless development has commenced, permissions are time-limited.
Community Infrastructure Levy (CIL) and ‘planning obligations’
The CIL applies to chargeable developments. The CIL funds infrastructure to support the development.
Section 165 of the Act maintains the power to require developers to enter into legal agreements with the local planning authority to address local infrastructure impacts. These are termed ‘planning obligations’ and were formerly known as Section 106 agreements under the Town and Country Planning Act 1990. The agreements may restrict and/or direct development or use of the land and require payment(s) to be made to the authority.
Tree Preservation Orders (TPOs), Woodland Preservation Orders (WPOs) and trees in conservation areas
Regulations may be made implementing TPO and WPOs. Regulations implementing WPOs are not yet in place.
Planning authorities and the Welsh Ministers may make TPOs and WPOs, which protect against the unauthorised management, such as topping, lopping, damaging, destroying or felling, of trees and woodland.
Consent is required to undertake the management of TPO trees and WPO woodland. These consents may apply conditions, including requirements on replanting or providing protection measures.
Trees within conservation areas are similarly protected to TPO trees. Consent is required to undertake management of these trees.
Where a protected tree or woodland is removed, uprooted, destroyed or dies without authorisation, the owner of the land is required to replace it at or near the original location with a tree of an appropriate size and species.
Statutory undertakers
Statutory undertakers are exempted from requiring planning permission for qualifying operational developments on ‘operational land’.
Statutory undertakers include railway, road transport, water transport, harbour, dock, pier or lighthouse undertakings; airport operators; electricity licensees; gas transporters; water undertakers and sewerage undertakers; and Natural Resources Wales or the Environment Agency.
Local authority and Welsh Minister powers
The Act states circumstances where local authorities and the Welsh Ministers may acquire, appropriate, dispose of, develop or use land for planning or other purposes. Powers may also concern the development and use of commons, open spaces, allotments, burial grounds, consecrated land and other land connected to religious worship.
Planning authorities and the Welsh Ministers may also, under the specified circumstances:
Persons with an interest in ‘blighted land’ may require authorities to purchase it under certain circumstances.
Requirements on compensation are also set out.
Enforcement
Planning authorities and the Welsh Ministers have powers to enforce planning law and act on unauthorised development. This includes investigation powers and the ability to issue temporary stop notices, stop notices or enforcement notices.
Notices may also be issued requiring the use of land to be discontinued. Prohibition or protection orders may be issued against land used for mining operations or depositing mineral waste. Maintenance of land notices may mandate remedial action when the condition of land is negatively affecting the amenity of the area.
Partial repeals and amendments by the Planning (Consequential Provisions) (Wales) Act 2026
Once brought into force, the Planning (Consequential Provisions) (Wales) Act 2026 will make a host of supporting amendments and partial repeals to planning legislation to ensure the Planning (Wales) Act 2026 functions as intended.
The amendments and repeals primarily remove the duplication of obligations now integrated to the Act and update references or terms used.
A suite of amendments to the Town and Country Planning Act 1990 are central to this process. The amendments will remove references to Wales, meaning that the Act will function in an England-only context.
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