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Planning and Compulsory Purchase Act 2004

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Changes over time for: Section 72

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Changes to legislation:

Planning and Compulsory Purchase Act 2004, Section 72 is up to date with all changes known to be in force on or before 21 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 72:

  • specified provision(s) amendment to earlier commencing SI 2006/1061 art. 4 by S.I. 2010/321 art. 3
  • specified provision(s) amendment to earlier commencing SI 2007/1369 art. 3 by S.I. 2010/321 art. 4

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

72Joint local development plansE+W

This section has no associated Explanatory Notes

[F1(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.]

(1)Two or more local planning authorities may [F2, in the absence of a direction to any of them under subsection (A1),] agree to prepare a joint local development plan.

[F3(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.]

(2)This Part applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a joint local development plan as it applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a local development plan.

(3)For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local development plan must be done by or in relation to each of the authorities mentioned in subsection [F4(A1) or] (1) in connection with a joint local development plan.

(4)Subsections (5) to (7) apply if [F5

(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)]a local planning authority withdraw from an agreement mentioned in s ubsection (1).

(5)Any step taken in relation to the plan must be treated as a step taken by—

(a)an authority [F6to which the direction was given or] which was a party to the agreement for the purposes of any corresponding plan prepared by them;

(b)two or more other authorities [F7to which the direction was given or which] were parties to the agreement for the purposes of any corresponding joint local development plan.

(6)Any independent examination of a local development plan to which the [F8direction or] agreement relates must be suspended.

(7)If before the end of the period prescribed for the purposes of this subsection an authority [F9to which the direction was given or] which was a party to the agreement requests the Assembly to do so it may direct that—

(a)the examination is resumed in relation to the corresponding plan;

(b)any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

[F10(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.]

(8)A joint local development plan is a local development plan prepared jointly by two or more local planning authorities.

Textual Amendments

F1S. 72(A1)(A2) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(2), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F2Words in s. 72(1) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(3), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F3S. 72(1A)(1B) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(4), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F4Words in s. 72(3) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(5), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F5Words in s. 72(4) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(6), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F6Words in s. 72(5)(a) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(7)(a), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F7Words in s. 72(5)(b) substituted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(7)(b), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F8Words in s. 72(6) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(8), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F9Words in s. 72(7) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(9), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F10S. 72(7A) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(10), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

Commencement Information

I1S. 72 in force at 30.4.2005 by S.I. 2005/1229, art. 2(c) (with art. 4, Sch.) (which transitional provisions in art. 4 are revoked (15.10.2005) by S.I. 2005/2722, art. 4)

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