The ‘Localism Bill’ is currently passing through Parliament and addresses many different areas. Some of the elements of the Bill are relevant to Wales, many are not. This is intended as a short introductory guide to those aspects of the Bill carry relevance to planning in Wales.

Links to general information regarding the Bill and the RTPI’s positions can be found on the RTPI's Policy webpages.

On introduction of the Bill, a Written Statement was published by the Welsh Assembly Government, detailing aspects of the Bill. The Statement highlighted that: “Subject to Parliament’s approval, the Bill will confer Measure powers on the National Assembly for Wales that will enable the Assembly Government to consult and, if appropriate, bring forward proposals for legislation in relation to [council tax referendums, development management and the Housing Revenue Account Subsidy (HRAS) system].”

The full Statement can be read on the Assembly Government's website. The National Assembly for Wales Members' Research Service has produced a paper on the provisions of the Bill relating to Wales.

The following is an Extract from the Bill's Explanatory Memorandum which sets out the issues relating to Wales.

“Territorial application: Wales

Most of the provisions in the Bill apply in England only. Some provisions also apply in Wales, or apply in Wales only. These are set out in Annex A and explained at the appropriate point in the commentary below.”

“At  introduction the Bill includes provisions which relate to matters in Wales within the legislative competence of the National Assembly for Wales and which therefore require a legislative consent motion in the Assembly. The Bill also includes provisions which confer additional legislative competence on the Assembly by amending Schedule 5 to the Government of Wales Act 2006. In addition, the Bill includes provisions applying to Wales which, while they do not relate to matters within the legislative competence of the Assembly, confer new functions on the Welsh Ministers or relate to matters in respect of which they already exercise functions.

“Chapter 2 limits the binding nature of the CIL Examiners' recommendations on Community Infrastructure Levy charging schedules, provides for requiring charging authorities to pass Community Infrastructure Levy funds to other bodies and clarifies the definition of infrastructure for the purposes of the Community Infrastructure Levy.

“Chapter 6 makes provision in relation to nationally significant infrastructure, particularly the abolition of the Infrastructure Planning Commission.

“Chapter 7 confers legislative competence on the National Assembly for Wales in relation to aspects of town and country planning, including the processes for deciding planning applications and enforcement.”

 This is intended as an initial guide to the Bill relating to planning issues in Wales only. The Bill should be check during its passage through Parliament as it may be amended. Additional Wales’ related aspects may be introduced as Government amendments.

Author:

Roisin Willmott

Publisher:

The Royal Town Planning Institute

Date:

20-Jan-11

Categories:

Policy 

Sections:

The RTPI

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