General interpretation
(1) In this Part—
“ the 1990 Act ” means the Town and Country Planning Act 1990 ;
“ the 2004 Act ” means the Planning and Compulsory Purchase Act 2004 ;
“ the 2008 Act ” means the Planning Act 2008 ;
“ the 2024 Act ” means the Infrastructure (Wales) Act 2024;
“ infrastructure consent ” means the consent required by section 19 of the 2024 Act;
“ local planning authority ” has the same meaning as in 1990 Act;
“ mineral planning authority ” has the same meaning as in section 1 of the 1990 Act ;
“ planning permission ” has the meaning given in section 336 of the 1990 Act .
(2) In this Part, “ the planning Acts ” means—
(a) the 1990 Act;
(b) the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
(c) the Planning (Hazardous Substances) Act 1990 ;
(d) the Planning (Consequential Provisions) Act 1990 ;
(e) the 2004 Act; ...
(f) the 2008 Act ; ...
(g) the Historic Environment (Wales) Act 2023 ; and
(h) the 2024 Act.
(3) In this Part, “ planning authority ” means—
(a) a local planning authority;
(ba) a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Act;
(c) a person appointed under paragraph 1 of Schedule 6 to the 1990 Act ;
(d) a government department in respect of its functions under the planning Acts; or
(e) an appropriate authority in respect of its functions under the planning Acts.
Meaning of planning functions
(1) In this Part, “ planning functions ” means any of the following functions, other than a function which must be discharged by statutory instrument—
(a) determining—
(i) an application for planning permission under section 70 of the 1990 Act, or
(ii) an appeal made under section 78 of the 1990 Act in relation to the determination of such an application ;
(b) deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the 1990 Act , ... under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 , or under paragraph 2(5) and (6) of Schedule 9 to the Historic Environment (Wales) Act 2023 ;
(c) deciding whether to direct under section 90(1), (2) or (2A) of the 1990 Act that planning permission must be deemed to be granted;
(d) deciding whether—
(i) in making or confirming a discontinuance order, to include in the order any grant of planning permission, or
(ii) to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission;
(e) making a local development order under section 61A of the 1990 Act ;
(f) discharging functions under Part 2 of the 1990 Act;
(g) discharging functions in relation to England under—
(i) Part 2 of and Schedule 8 to the 2004 Act, or
(ii) Part 5 of the Local Democracy, Economic Development and Construction Act 2009 ;
(h) discharging functions in relation to Wales under Part 6 of and Schedule 8 to the 2004 Act;
(i) deciding whether to—
(i) make a development consent order under section 104 or 105 of the 2008 Act, or
(ii) make changes to, or revoke, such an order under section 153 of that Act, other than in accordance with paragraph 2 of Schedule 6 to that Act.
(2) In paragraph (1)(d), “ discontinuance order ” means an order under—
(a) section 102 of the 1990 Act (including an order made under that section by virtue of section 104 of that Act) ; or
(b) paragraph 1 of Schedule 9 to the 1990 Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule).
Exercise of planning functions
A planning authority must have regard to the following provisions of the Waste Framework Directive when exercising its planning functions to the extent that those functions relate to waste management—
(a) Article 13;
(b) the first paragraph of Article 16(1) ...;
(c) Article 16(2) and (3).
Inspections
(1) This regulation applies where a planning authority has planning functions in relation to establishments or undertakings carrying on disposal or recovery of waste.
(2) The planning authority must ensure that appropriate periodic inspections of those establishments or undertakings are made .
Further duties in relation to planning permission
(1) A planning authority must not grant planning permission or development consent for a landfill unless it has taken into consideration the requirements of—
(a) paragraph 1.1 of Annex I to the Landfill Directive ;
(b) paragraph 5 of that Annex, but only in respect of nuisances and hazards arising from traffic beyond the site of the landfill.
(2) A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of Mining Waste Directive applies unless it is satisfied that—
(a) the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and
(b) the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plans referred to in Article 7(3)(b) of that Directive.
(3) In this regulation—
“ landfill ” has the meaning given in Article 2(g) of the Landfill Directive , but does not include any operation excluded from the scope of that Directive by Article 3(2) or (3) ;
“ mining waste facility ” means a “ waste facility ” as defined in Article 3(15) of the Mining Waste Directive , but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).
