Welsh ministers seek to untangle ‘fragmented’ planning law

The Welsh Government has introduced proposed legislation in an attempt to make the country’s planning laws clearer, more accessible, and fit for the future.

Julie James, who is counsel general, the Welsh Government’s chief legal adviser, unveiled a bill aimed at improving the accessibility of Welsh planning law.

The bill seeks to consolidate planning law by bringing together legislation on the same subject – which has become fragmented over time – under a single, bilingual Act.

In a statement to the Senedd, Ms James agreed with the Law Commission – an independent body which keeps the law under review – about the need to simplify existing legislation.

The former lawyer, who previously practised in planning law, said the statute book is difficult to navigate and decades-old, with increasing divergence between Wales and England.

She told the Senedd: “You know you have a problem when an Act has been amended so many times that there are now more than 40 sections inserted between original sections 61 and section 62, with numbering including 61QM and 61Z2.”

‘Real concern’

The planning bill would bring together the main legislation underpinning the planning system, modernising the law as well as clarifying its effect and removing inconsistencies.

A separate second bill would make consequential amendments and repeals to existing laws.

Ms James emphasised the importance of the bills. “They are not just about tidying up the statute book,” she said. “They are about making the law work better for everyone.”

The counsel general told the Senedd: “The increasing need for legal advice to operate, use and engage in the planning system is of real concern.

“How effectively the planning system functions, or communities engage with it, should not depend on whether legal advice can be obtained or afforded.”

The Conservatives’ Joel James agreed about the urgent need to simplify planning law but he warned of a “missed opportunity” to reform planning policy.

‘Good luck’

In response, Ms James said she would avoid the temptation to add reforms to the technical consolidation bill which seeks to re-enact law in an improved form without major changes.

However, she suggested the bill would speed up and make subsequent reforms far easier as she fielded questions from Senedd Members on September 16.

She told the Senedd she once wished an English lawyer colleague taking a case in Cardiff civil court “good luck” in understanding what law is or is not in force in Wales.

Plaid Cymru’s shadow justice minister Adam Price recognised the bill’s aim is not to revolutionise policy as he called for assurances that no reforms had been “smuggled in”.

He said: “This law isn’t going to resolve every problem or every challenge in the planning system. It’s not going to create more planning officers, it’s not going to respond to all of the policy problems … but for me, it gives us a firmer foundation to do that reform work.”

Rhys ab Owen, a former barrister who sits as an independent, said the bill would not create headlines but was an important step forward for a planning system ‘shrouded in mystery’.