Law Commission consults on reforming "difficult to use" planning law in Wales
The Law Commission has launched a consultation on planning law in Wales, which it describes as “overly complicated and difficult for professionals and the public to use”.
In the consultation the Government’s law reform advisory body asks whether there is a case for creating a new code for planning law in Wales – a single, easily accessible body of legislation, rules and regulations – that would:
- restate the existing law in a modern, consistent and well-ordered way;
- modernise the language and remove ambiguities;
- streamline and rationalise processes and procedures; and
- include rules and interpretations developed from case law.
The Law Commission said: “Planning law in England and Wales is rooted in legislation from the 1940s. It was last consolidated in the Town and Country Planning Act 1990 and has been developing piecemeal ever since.
“In Wales, devolution and the increasing divergence between Welsh and English law has created an even more fragmented and complicated picture. The resulting system is difficult to navigate and costly for individuals, communities, businesses and local planning authorities to use.”
The advisory body noted how there were around 48 pieces of primary legislation regulating development and the use of land in Wales.
The Law Commission has suggested a phased approach. In the first part of its work it is asking consultees to help identify the topics that should be included in an initial piece of legislation, and to consider whether there is any technical law reform that might be needed to make better legislation.
Nicholas Paines QC, Law Commissioner for public law, said: “Wales should have a legal framework that supports its planning needs and works effectively for developers, planning authorities and communities. But planning law in Wales has become fragmented and almost impossible to navigate. We have an exciting opportunity now to identify the scope of what needs to be done to create clearer, simpler and more modern law, and to take the first constructive steps towards a fully comprehensive codification of the legal framework that regulates development and land use in Wales.”
Paines added: “This project has the potential to make a great improvement in the operation of the planning system in Wales. It is also consistent with our wider consideration of the form and accessibility of all the law applicable in Wales.”
More information on the consultation can be found here.
The Law Commission has also recommended, in a separate report also issued last week, a new approach to law-making in Wales that would see devolved areas of law codified.
“Legislation in these areas would be brought up to date and made clearer through a process of consolidation and reform, and the integrity of the codes would be safeguarded under a system that requires amendments or future legislation in the subject area to be made only by amending or adding to the code,” it said.
More information on this project can be found here.
