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20 June 2025 | Comment | Article by Alex Madden

Draft Planning (Wales) Bill: What it means for planning in Wales


On 18 June 2025, the Welsh Government published the Draft Planning (Wales) Bill, a proposed new law that aims to consolidate and simplify the legislative framework for planning in Wales. The bill brings together decades of laws and amendments into a single bilingual statute, written in clearer, more accessible language. In this blog, we provide an overview of the proposed changes, what they mean in practice, and how those involved in planning, whether developers, local authorities or consultants, can begin preparing for the transition.

If you would like to discuss what the changes might mean for your project or organisation, please get in touch

A simplified planning code

The current body of planning law in Wales is fragmented across multiple pieces of legislation, some dating back over 30 years. With separate Welsh amendments and policies evolving since devolution, this patchwork has become increasingly difficult to navigate.

The Draft Planning (Wales) Bill is not a policy reform; it is a technical consolidation. Its purpose is to combine the relevant parts of the Town and Country Planning Act 1990, the Planning and Compulsory Purchase Act 2004, and other subsequent legislation into one coherent statute. The legal effect of the provisions remains the same, but the structure, terminology and presentation are updated to reflect modern Welsh governance and language.

It also reflects Wales’s single-tier local government system. The bill eliminates outdated references to county and district councils, aligning statutory language with the existing structure of 22 unitary local authorities and three national park authorities.

National and local development plans

The Draft Bill retains the core components of the existing plan-led system in Wales: the National Development Framework (currently Future Wales), Local Development Plans (LDPs), and the option for Strategic Development Plans (SDPs).

The bill clarifies how these plans fit together and removes outdated references to older plan types, such as Unitary Development Plans. It also codifies the duty on authorities to prepare plans and include public participation statements.

Appeals and the planning inspectorate

The bill consolidates provisions on how planning decisions are made and appealed. Planning and Environment Decisions Wales (PEDW) continues to carry out appeals and inquiries on behalf of Welsh Ministers.

Procedures for appeals, call-ins and major developments (such as Developments of National Significance) are now more clearly set out. One notable change is that appeals against “untidy land” notices will now be made to Welsh Ministers, rather than the Magistrates’ Court, aligning them with other planning appeals.

Enforcement powers

Planning enforcement is streamlined in the Draft Bill, with updated terminology and clearer powers. For example, “planning contravention notices” are renamed as “enforcement investigation notices,” and “section 215 notices” become “maintenance of land notices.”

These changes do not significantly alter the substance of enforcement law but aim to make enforcement tools easier to understand and apply.

Key dates and what happens next

The Draft Bill has been published for review ahead of its formal introduction to the Senedd in September 2025. It will be accompanied by a separate Planning (Consequential Provisions) (Wales) Bill to manage the transition from the old legislation and amend references across the statute book.

The Welsh Government expects the bill to complete the legislative process by mid-2026, with commencement likely in late 2026 or 2027. Until then, the current law remains in force.

Preparing for the change

The Draft Planning (Wales) Bill does not introduce new planning policies, but it does change how those policies are structured in law. Now is the time for stakeholders to get ready:

  • Local authorities should start reviewing internal procedures, staff training, and planning templates to align with the new structure and terminology.
  • Developers and consultants should familiarise themselves with the layout of the Draft Bill and the renumbered provisions that will soon replace old section references.
  • All parties should monitor the bill’s passage and take advantage of the explanatory notes and support materials to ensure a smooth transition.

The bill will also be enacted bilingually in English and Welsh, reinforcing accessibility and the equal status of both languages in Welsh law. The drafting team has also worked to express complex provisions in plainer English wherever possible.

Developers may also find it useful to revisit their planning strategies more broadly. As discussed in our recent blog on risk-based planning, a proactive approach to managing planning risk can offer advantages in navigating legislative change.

If you would like to discuss what the changes might mean for your project or organisation, please get in touch

Final thoughts

There is no escaping that planning law in Wales is currently outdated, fragmented, and largely based on old UK legislation. It is often hard to navigate and where it differs from planning law in England can be difficult to spot.

For those that practice in this area, it is welcome news that following a review by the Law Commission, the Welsh Government is introducing the Planning (Wales) Bill which aims to consolidate key planning laws into one bilingual Act, modernise language and structure without changing legal effect and make the law simpler, clearer, and more accessible.

A second bill in the form of the Planning (Consequential Provisions) (Wales) Bill is due to follow in September 2025 that will repeal or amend related legislation and introduce transitional and savings provisions.

Both these bills and their explanatory documents will then be laid before the Senedd in September 2025 for scrutiny.

We will continue to monitor the bill’s progress and are ready to support clients throughout the transition.

Author bio

Alex Madden

Partner

Alex Madden has over 20 years’ experience advising on planning and environmental matters.  He is a Solicitor-Advocate with higher rights of audience in the Civil Courts, a Legal Associate of the RTPI and a Fellow of BIAC.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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