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Planning (Wales) Act 2015

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This is the original version (as it was originally enacted).

Strategic planning

4Designating strategic planning areas and establishing strategic planning panels

(1)In PCPA 2004, after section 60C (as inserted by section 3) insert—

Strategic planning
60DPower to designate strategic planning area and establish strategic planning panel

(1)The Welsh Ministers may by regulations—

(a)designate an area in Wales as a strategic planning area for the purposes of this Part, and

(b)establish a strategic planning panel for that area.

(2)A strategic planning area must comprise—

(a)all of the area of one local planning authority, and

(b)all or part of the area of at least one other local planning authority.

(3)The Welsh Ministers must not make regulations under this section unless—

(a)they have given a direction under section 60E(1) to a local planning authority all or part of whose area is included in the strategic planning area to be designated by the regulations,

(b)either—

(i)a proposal for an area to be designated has been submitted in accordance with section 60E(6), or

(ii)the period for complying with section 60E(6) has ended without a proposal being submitted, and

(c)they have carried out any consultation required by section 60F(1).

(4)Paragraphs (a) and (b) of subsection (3) do not apply in relation to regulations that revoke or amend previous regulations under this section.

(5)Schedule 2A contains provisions about strategic planning panels.

60EPreparation and submission of proposal for strategic planning area

(1)The Welsh Ministers may direct one or more local planning authorities to submit a proposal for an area to be designated as a strategic planning area under section 60D.

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

(3)In this section, the “responsible authority” means—

(a)where a direction under subsection (1) is given to a single local planning authority, that authority;

(b)where a direction under subsection (1) is given to two or more local planning authorities, those authorities acting jointly.

(4)The responsible authority must prepare a proposal for an area to be designated as a strategic planning area.

(5)Before submitting the proposal to the Welsh Ministers, the responsible authority must consult—

(a)each local planning authority, other than one to which the direction under subsection (1) was given, for an area all or part of which is included in the proposed strategic planning area, and

(b)any other persons specified in, or of a description specified in, the direction.

(6)The responsible authority must submit to the Welsh Ministers—

(a)the proposal, and

(b)a report about the consultation carried out under subsection (5).

(7)A proposal submitted under subsection (6)(a) must include—

(a)a map showing the boundaries of the area which the responsible authority propose should be designated as a strategic planning area,

(b)a statement of the reasons for proposing that area, and

(c)any other information specified by the Welsh Ministers in the direction given under subsection (1).

(8)The responsible authority must comply with subsection (6)—

(a)before the end of any period specified in the direction;

(b)if no period is specified in the direction, before the end of six months beginning with the day on which the direction is given.

(9)The Welsh Ministers may agree to extend the period for complying with subsection (6) in a particular case.

(10)The responsible authority must comply with any requirements set out in the direction as to—

(a)how the consultation required by subsection (5) must be carried out;

(b)the form and content of the report about the consultation;

(c)how the proposal and the report must be submitted under subsection (6).

(11)Subsection (12) applies if the Welsh Ministers, having given a direction under subsection (1), decide not to designate a strategic planning area.

(12)The Welsh Ministers must give notice of their decision and the reasons for it—

(a)to the responsible authority, and

(b)if a proposal has been submitted under subsection (6), to each authority within subsection (5)(a).

60FConsultation by Welsh Ministers before making certain regulations under section 60D

(1)If the Welsh Ministers propose to make regulations under section 60D to which this section applies, they must consult—

(a)each relevant local planning authority, and

(b)any other persons they consider appropriate.

(2)This section applies to regulations under section 60D if the Welsh Ministers have given a direction under section 60E(1) and—

(a)the boundaries of the strategic planning area that would be designated by the regulations are different from the boundaries of the area proposed under section 60E(6) pursuant to the direction, or

(b)the period for complying with section 60E(6) has ended without a proposal being submitted.

(3)This section also applies to regulations under section 60D revoking or amending previous regulations under that section.

(4)A local planning authority is a relevant local planning authority in relation to regulations to which this section applies if all or part of the authority’s area is included in—

(a)the strategic planning area that would be designated by the regulations, or

(b)a strategic planning area designated by previous regulations under section 60D that would be revoked or amended by the regulations.

60GProvision of information to Welsh Ministers

A local planning authority must provide the Welsh Ministers with any information that the Welsh Ministers request for the purpose of exercising their functions under sections 60D to 60F.

(2)For further provisions about strategic planning panels, see Schedule 1.

5Strategic planning areas: survey

In PCPA 2004, after section 60G (as inserted by section 4) insert—

60HStrategic planning area: survey

(1)A strategic planning panel must keep under review the matters which may be expected to affect the development of its strategic planning area or the planning of the development of that area.

(2)Subsections (2) to (5) of section 61 apply in relation to a strategic planning panel as they apply in relation to a local planning authority.

(3)In subsections (2) to (5) of section 61 as they apply by virtue of subsection (2)—

(a)references to a local planning authority are to be construed as references to a strategic planning panel;

(b)references to a neighbouring area are to be construed as references to a neighbouring strategic planning area.

6Preparing and revising strategic development plans

In PCPA 2004, after section 60H (as inserted by section 5) insert—

60IStrategic development plan

(1)A strategic planning panel must prepare a plan for its strategic planning area, to be known as a strategic development plan.

(2)The plan must set out—

(a)the panel’s objectives in relation to the development and use of land in its area;

(b)the panel’s policies for the implementation of those objectives.

(3)A strategic development plan must be in general conformity with the National Development Framework for Wales.

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

(5)The Welsh Ministers may by regulations make provision about—

(a)the period that may be specified under subsection (4);

(b)the form and content of the plan.

(6)In preparing a strategic development plan, the strategic planning panel must have regard to—

(a)current national policies;

(b)the National Development Framework for Wales;

(c)the strategic development plan for any strategic planning area that adjoins the panel’s area;

(d)the local development plan for each area all or part of which is included in the panel’s area;

(e)the resources likely to be available for implementing the strategic development plan;

(f)any other matters prescribed by the Welsh Ministers in regulations.

(7)The panel must also—

(a)carry out an appraisal of the sustainability of the plan;

(b)prepare a report of the findings of the appraisal.

(8)The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the strategic planning area.

(9)A plan is a strategic development plan only in so far as it is—

(a)adopted by resolution of the strategic planning panel as a strategic development plan, or

(b)approved by the Welsh Ministers under section 65 or 71 (as they apply by virtue of section 60J).

(10)The plan ceases to be a strategic development plan on the expiry of the period specified under subsection (4).

60JStrategic development plan: application of provisions of this Part

(1)The provisions specified in subsection (3) apply in relation to a strategic development plan as they apply in relation to a local development plan.

(2)Accordingly, where a provision specified in subsection (3) confers power for the Welsh Ministers to make provision by regulations in respect of a local development plan, that power is also exercisable so as to make provision in respect of a strategic development plan.

(3)The provisions are sections 63 to 68, 68A(1), 69 to 71, 73 and 75 to 77.

(4)In those provisions as they apply by virtue of subsection (1)—

(a)references to a local planning authority are to be construed as references to a strategic planning panel;

(b)references to a local development plan are to be construed as references to a strategic development plan.

(5)In section 64(5)(a) as it applies by virtue of this section, the reference to section 62 is to be construed as a reference to section 60I.

(6)In section 77(2)(a) as it applies by virtue of this section, the reference to section 62(6) is to be construed as a reference to section 60I(7).

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