Law Commission calls for nearly 200 reforms to planning law in Wales

The Law Commission has proposed 193 technical reforms to Welsh planning law, adding that it hopes its report will lead to a new Planning Act as the centrepiece of a Planning Code for Wales.

Unveiling the report, Planning Law in Wales, Public Law Commissioner Nicholas Paines QC said: “Planning law is simple in principle, but notoriously complex in practice.

“This report contains a wide range of recommendations as to technical reforms to the legislation, that will hopefully lead to the creation of a well-structured Planning Code for Wales.”

Commissioners were asked by the Welsh Government to review planning legislation and the Commission noted: “Legislation governing the planning system in England and Wales is confused and unhelpful.

“It has been much amended and supplemented over the last 30 years, it is full of obsolete provisions and does not meet current best practice.”

The Commission recommended that Welsh planning law should make clear the principles underlying the planning system and simplify the law as to when planning permission is required.

It should also clarify the status of outline planning applications, tighten the law on pre-commencement conditions and enable prospective purchasers to enter into planning obligations.

Other proposed reforms ranged from simplifying the authorisation of works to listed buildings to enabling local authorities to remove unauthorised advertisement hoardings

The Commission said a number of obsolete pieces of legislation should be repealed including those relating to simplified planning zones, enterprise zones, new towns and urban development corporations many of which it said had not been used in 30 years, and in some cases never.

The Welsh Government is due to make an interim response by 31 May 2019, and a detailed one by 30 November.

None of the proposed changes would affect planning law in England.

Mark Smulian