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There is very little difference between English and Welsh legislation and planning procedures, they are both based on Common Law (as opposed to Scotland being based on Roman Law). Many of the documents are simply revamps of the English publications and mainly can be qouted word for word between the two versions. Therefore we only set out in this document the actual differences.

We still mainly work to the Town and Country Planning Act 1990, which enables the respective Secretaries of States to put in place Development Orders, in the case of Wales and telecommunications that is the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2002 (GPDO), which amends the 1995 GPDO that applies to both England and Wales, the Articles in relation to telecoms are still in force, particular attention should be made to Article 4 Directions which enables the LPA to ensure that the most senstive sites require full planning permission.

Planning Policy for Wales (PPW) is the primary planning document for Wales, and sets out at paras 12.11 to 12.13 the general policies on telecoms in Wales, they are very similar to that of the general policies within PPG8 in England, especially when coupled to Technical Advise Note 19 (TAN19). Of particular importance due to some difference in the wording of the para 12.13.7 and 12.13.8 of PPW, eqautes to that of para 29 and 30 of PPG8, with suttle differences.

• 12.13.7 - Health considerations can be material considerations in determining applications for planning permission and prior approval as, in principle, can public concerns in relation to such effects. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker to determine what weight to attach to such considerations in any particular case.
• 12.13.8 - With regard to the health implications of proposed development, it is the Assembly Government's view that, if the development meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines as expressed in the EU Council Recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (as recommended by the report of the Independent Expert Group on Mobile Phones (the Stewart Group) on a precautionary basis), it should not be necessary for a local planning authority in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them. All new base stations are expected to meet the ICNIRP guidelines.

Again with the appeal structure there is little difference although public inquiries are now handled by a Welsh office of the Planning Inspectorate in Cardiff (see below for details), links to copies of the the relevant rules are listed below. Again with judicial review through the High Court this is again handled locally in Cardiff rather than in the London High Court.

Tel: 029 2082 3866
Fax: 029 2082 5150
wales@planning-inspectorate.gsi.gov.uk

High Court District Registry
Wales & Chester Circuit Office
2nd Floor
Churchill House
Churchill Way
Cardiff
CF10 2HH

Tel: 029 20415500
Fax: 029 20415511

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