SCHEDULES

SCHEDULE 5 Unitary Development Plans in Wales

C1Part III Transitional Provisions

Annotations:
Modifications etc. (not altering text)
C1

Sch. 5 Pt. III applied (1.4.1996) (temp.) by 1990 c. 8, s. 28A(1)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 20(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2)

Sch. 5 Pt. III: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Introductory

9

1

The provisions of this Part of this Schedule apply in relation to the area of any local planning authority in Wales during the period—

a

beginning on 1st April 1996, and

b

ending when a unitary development plan has become fully operative for that area.

2

For the purposes of sub-paragraph (1), a unitary development plan for the area of a local planning authority in Wales has become fully operative—

a

when it has become operative under Chapter I of Part II of the planning Act; or

b

where different parts of it have become operative at different times, when all parts of it have become so operative.

3

Sub-paragraphs (4) and (5) apply where the area of a local planning authority in Wales includes—

a

the whole or any part of an area prescribed under section 23B(2) of the planning Act in relation to a National Park, and

b

other land.

4

The provisions of this Part of this Schedule apply separately in relation to—

a

the Park area or, if there is more than one, each Park area, and

b

the remaining area.

5

Any reference in this Part of this Schedule to the area of the local planning authority (including any reference which falls to be so construed) shall be construed—

a

in its application in relation to any Park area, as a reference to that Park area, and

b

in its application in relation to the remaining area, as a reference to that area.

6

In this paragraph—

  • the Park area”, in relation to a National Park, means the part of the local planning authority’s area which is within the area prescribed under section 23B(2) of the planning Act in relation to that Park or, where there is more than one such part, those parts taken as a whole;

  • the remaining area” means the part of the local planning authority’s area which is not within an area so prescribed in relation to any National Park.