Applicants of ‘major development’, as defined by Article 2 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, must demonstrate how they have satisfied the aforementioned legislation and procedural requirements.

Major development currently includes:

• Housing developments of 10 or more dwellings, or where the site area is 0.5 ha or more (if unit numbers are unknown)
• Creation of floorspace exceeding 1,000 sqm
• Winning and working of minerals or the use of land for mineral-working deposits
• Waste development
• Developments on sites of 1 ha or more

The requirement to carry out PAC does not apply to section 73, section 73A, reserved matters or section 96A (non-material amendment) applications.

Developers must make the following information available as part of the consultation:

• All information that would be required to be submitted as part of a formal planning application (including application forms, except ownership certificates)
• Scaled plans
• Design and Access Statement
• Any other information required to comply with any local validation requirements

The purpose of PAC is to provide an early opportunity for communities and stakeholders to comment on development proposals and for development proposals to be refined taking into account people’s views. This is then compiled in a mandatory Pre-Application Consultation Report, detailing how the consultation was carried out and how people’s views were considered, which is submitted to the local planning authority on submission of an application.

If PAC is required, the following activities will need to be undertaken by a developer before being able to submit a planning application:

• Making draft planning application documents available to view in hard copy or online (usually via website)
• Notifying the correct consultees of the consultation (as stipulated in the guidance)
• Carrying out a minimum 28-day consultation period
• Preparation of a Pre-Application Consultation Report

To assist developers, Welsh Government has published Best Practice Guidance for Developers (December 2021) which includes a compliance checklist (Annex 1) and a schedule of specialist consultees when identifying who to consult (Annex 2). 

Further information

Contact Joshua Price or Rhys Govier