139.The aim of the Planning and Energy Act 2008 (‘the 2008 Act’), originally a Private Members Bill, was to encourage micro-generation and more energy efficient buildings, rather than to introduce a requirement for bodies to implement new obligations. The Law Commission considered whether such provisions should be set out in guidance “as they encourage and permit the inclusion of such policies, rather than to impose any stricter obligations on planning authorities.”(5)
140.Planning Policy Wales (which sets out the land use planning policies of the Welsh Government) states that these matters are specific considerations for the preparation of strategic development plan and a local development plan. Planning Policy Wales sets out the Welsh Government’s expectations in relation to planning authorities for:
141.There is little difference in policy effect between the aims behind the 2008 Act and what is set out in Planning Policy Wales. However, planning authorities and corporate joint committees must have regard to the policies in Planning Policy Wales, so this places a greater requirement on them than the 2008 Act by requiring them to have regard to these matters in preparing their local development plans and strategic development plans.
142.Part 5 of this Schedule to the Act amends the 2008 Act so that it will no longer apply in relation to Wales and makes consequential amendments to the Planning (Wales) Act 2015 and the Local Government and Elections (Wales) Act 2021.
Commentary on Sections Part 3 – Repeals of Welsh Legislation Part 5 – Energy policies in development plans