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Local Government (Wales) Act 1994

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12(1)Where any planning scheme was previously in course of preparation, any relevant authority may submit to the Secretary of State a request for approval to prepare a modified scheme for the affected area.E+W

(2)The Secretary of State may approve any such request if he is satisfied that the planning scheme was previously in course of preparation in relation to the affected area, and that—

(a)it is expedient that preparation of the planning scheme be continued in the preparation of the modified scheme;

(b)continued preparation of the planning scheme in relation to the affected area is likely to be of assistance to the new planning authority in preparing the unitary development plan for their area; or

(c)the adoption or approval of a modified scheme is otherwise expedient or desirable.

(3)Any approval under sub-paragraph (2)—

(a)may be given subject to such conditions as the Secretary of State thinks fit, including conditions as to the period within which the modified scheme is to be prepared and a copy of it submitted to him;

(b)may be accompanied by a direction modifying in such manner, and for such period, as the Secretary of State thinks fit the duty of the new planning authority to prepare a unitary development plan under Chapter I of Part II of the planning Act.

(4)Where the Secretary of State gives a direction under sub-paragraph (3)(b), Chapter I of Part II of the planning Act shall have effect in relation to the new planning authority subject to that direction.

(5)Where a planning scheme for any area in Wales had previously been prepared but not adopted or approved under Chapter II of Part II of the planning Act, the Secretary of State may, on an application made to him by a relevant authority, give permission to prepare a modified scheme for the affected area.

(6)The Secretary of State shall, whenever he gives any approval under sub-paragraph (2) or permission under sub-paragraph (5), direct that such of—

(a)the provisions of Chapter II of Part II of the planning Act, and

(b)any regulations made under any provision of that Chapter,

as may be specified in the direction shall apply for the purpose of the preparation, adoption or approval of the modified scheme in relation to the affected area.

(7)The provisions applied by a direction under sub-paragraph (6)—

(a)may include any requirement with respect to a modified scheme (or its preparation) corresponding to one already satisfied with respect to the planning scheme;

(b)may be applied subject to such modifications as may be specified in the direction; and

(c)may be applied for such limited period (if any) as may be specified in the direction.

(8)For the purposes of this paragraph—

  • planning scheme” means a required plan, alteration proposals or structure plan alteration proposals; and

  • modified scheme”, in relation to a planning scheme—

    (a)

    which is a required plan, means a modified plan,

    (b)

    which consists of alteration proposals, means modified proposals,

    (c)

    which consists of structure plan alteration proposals, means modified structure plan proposals.

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