Planning and Compulsory Purchase Act 2004

62 Local development plan E+W

(1) The local planning authority must prepare a plan for their area to be known as a local development plan.

(2) The plan must set out—

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

(b) their general policies for the implementation of those objectives.

(3) The plan may also set out specific policies in relation to any part of the area of the authority.

(4) Regulations under this section may prescribe the form and content of the plan.

(5) In preparing a local development plan the authority must have regard to—

(a) current national policies;

(b) the Wales Spatial Plan;

(c) the RSS for any region which adjoins the area of the authority;

[F1 (d) any relevant community strategy;

( e )]

(f) the resources likely to be available for implementing the plan;

(g) such other matters as the Assembly prescribes.

(6) The authority must also—

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

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

[F2 (7) A community strategy is relevant if—

(a) in the case of an authority which is a county council or county borough council, it has been published by the authority under section 39 of the Local Government (Wales) Measure 2009 or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure;

(b) in the case of an authority which is a National Park authority—

(i) its production involved the authority as a community planning partner within the meaning of section 38 of that Measure; and

(ii) it has been published under section 39 of that Measure or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure.]

(8) A plan is a local development plan only in so far as it—

(a) is adopted by resolution of the local planning authority as a local development plan;

(b) is approved by the Assembly under section 65 or 71.

Textual Amendments

F1 S. 62(5)(d) substituted for s. 62(5)(d)(e) (1.1.2010) by Local Government (Wales) Measure 2009 (nawm 2), s. 53(2), Sch. 2 para. 5 (with Sch. 3 paras. 3-9); S.I. 2009/3272, art. 2, Sch. 1

F2 S. 62(7) substituted (1.1.2010) by Local Government (Wales) Measure 2009 (nawm 2), s. 53(2), Sch. 2 para. 6 (with Sch. 3 paras. 3-9); S.I. 2009/3272, art. 2, Sch. 1

Modifications etc. (not altering text)

C1 S. 62(2)(b) modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 39(1)(b) (with reg. 125)

Commencement Information

I1 S. 62(1)-(3)(5)(a)-(f)(6)-(8) in force at 30.4.2005 by S.I. 2005/1229, art. 2(a) (with art. 4, Sch.) (which transitional provisions in art. 4 are revoked (15.10.2005) by S.I. 2005/2722, art. 4)

I2 S. 62(4)(5)(g) in force at 1.8.2004 by S.I. 2004/1813, art. 2(a)