Search Legislation

Planning (Wales) Act 2015

Status:

This is the original version (as it was originally enacted).

Local development plans

11Welsh language

(1)PCPA 2004 is amended as follows.

(2)In section 61 (survey), in subsection (2)(a), after “area of the authority” insert “(including the extent to which the Welsh language is used in the area)”.

(3)In section 62 (local development plan), after subsection (6) (sustainability appraisal), insert—

(6A)The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area of the authority.

12Period for which local development plan has effect

(1)Section 62 of PCPA 2004 (local development plan) is amended as follows.

(2)Before subsection (4) insert—

(3B)The plan must specify the period for which it is to have effect.

(3)In subsection (4), after “may” insert

(a)make provision about the period that may be specified under subsection (3B);

(b).

(4)After subsection (8) insert—

(9)A plan ceases to be a local development plan on the expiry of the period specified under subsection (3B).

13Withdrawal of local development plan

For section 66 of PCPA 2004 (withdrawal of local development plan) substitute—

66Withdrawal of local development plan in accordance with direction

(1)The Welsh Ministers may, at any time before a local development plan is adopted under section 67, direct the local planning authority to withdraw the plan.

(2)If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so.

(3)The authority must withdraw the plan in accordance with the direction.

66AWithdrawal of local development plan in absence of direction

(1)This section applies where a local planning authority are not required to withdraw their local development plan under section 66.

(2)Subject to the provisions of this section, the authority may withdraw the plan at any time before adopting it under section 67.

(3)A local planning authority may not withdraw their local development plan when the Welsh Ministers have—

(a)directed the authority to submit the plan for approval under section 65(4), or

(b)taken any step under section 71 in connection with the plan.

(4)A local planning authority may withdraw a local development plan that has been submitted for independent examination under section 64 only if—

(a)the person carrying out the independent examination recommends that the plan is withdrawn, and

(b)the recommendation is not overruled by a direction given by the Welsh Ministers.

(5)A local planning authority may withdraw a local development plan to which subsection (6) applies only if—

(a)the authority have given notice to the Welsh Ministers of their intention to withdraw the plan, and

(b)the notice period has expired.

(6)This subsection applies to a local development plan if the local planning authority—

(a)have not yet submitted the plan for independent examination under section 64, but

(b)have taken steps in connection with the preparation of the plan that are specified in regulations made by the Welsh Ministers.

(7)Where a local planning authority have given notice under subsection (5)(a), the Welsh Ministers may, by direction to the authority, do either or both of the following—

(a)require the authority to provide further information;

(b)extend the notice period.

(8)The Welsh Ministers may by regulations make provision about the giving of notices and directions under this section (including provision about their form and content and how they are to be given).

(9)Subject to any direction given under subsection (7)(b) in a particular case, the “notice period” means whatever period, beginning with the giving of notice under subsection (5)(a), is specified in regulations made by the Welsh Ministers.

14Welsh Ministers’ power to direct preparation of joint local development plan

(1)Section 72 of PCPA 2004 (joint local development plans) is amended as follows.

(2)Before subsection (1) insert—

(A1)The Welsh Ministers may direct two or more local planning authorities to prepare a joint local development plan.

(A2)But a direction under subsection (A1) may not be given to a National Park authority.

(3)In subsection (1), after “may” insert “, in the absence of a direction to any of them under subsection (A1),”.

(4)After subsection (1) insert—

(1A)If the Welsh Ministers give a direction under subsection (A1), they must state their reasons for doing so.

(1B)The authorities to which a direction is given must, subject to any withdrawal or variation of the direction, act jointly in exercising their functions under this Part relating to local development plans.

(5)In subsection (3), after “mentioned in subsection” insert “(A1) or”.

(6)In subsection (4), after “if” insert

(a)the Welsh Ministers withdraw a direction under subsection (A1) or vary such a direction so that it ceases to apply to a local planning authority, or

(b).

(7)In subsection (5)—

(a)in paragraph (a), after “authority” insert “to which the direction was given or”;

(b)in paragraph (b), for “who” substitute “to which the direction was given or which”.

(8)In subsection (6), after “to which the” insert “direction or”.

(9)In subsection (7), after “authority” insert “to which the direction was given or”.

(10)After subsection (7) insert—

(7A)The Welsh Ministers may by regulations—

(a)specify circumstances in which subsections (5) and (7) are not to apply in relation to an authority;

(b)make provision as to what is a corresponding plan or corresponding joint local development plan.

15Joint planning boards: functions relating to surveys and local development plans

(1)PCPA 2004 is amended as follows.

(2)In section 78 (interpretation of Part 6), for subsection (3) substitute—

(3)But—

(a)a National Park authority is the local planning authority for the whole of its area;

(b)a joint planning board is the local planning authority for the whole of its united district (and references to the area of a local planning authority are, in relation to such a board, to be construed as references to its united district).

(3)In section 62 (local development plan), in subsection (7) (relevant local well-being plan), after paragraph (b) insert—

(c)in the case of an authority which is a joint planning board, the public services board for an area that includes any part of that authority’s united district.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources