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Local Government and Elections (Wales) Act 2021

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Changes over time for: Cross Heading: Planning and Compulsory Purchase Act 2004 (c. 5)

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Planning and Compulsory Purchase Act 2004 (c. 5)E+W

1E+WThe Planning and Compulsory Purchase Act 2004 is amended as follows.

2E+WIn section 38(4) (development plan), for paragraph (b) substitute—

(b)any strategic development plan for an area that includes all or part of that area, and.

3E+WOmit sections 60D to 60J (strategic planning panels and strategic development plans) and the cross-heading which precedes them.

4E+WBefore the cross-heading which precedes section 61 insert—

Strategic planning by corporate joint committeesE+W
60KCorporate joint committees to which this Part applies

In this Part, references to a corporate joint committee are to a corporate joint committee to which this Part applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

60LCorporate joint committees: area survey

(1)A corporate joint committee must keep under review the matters which may be expected to affect the development, or the planning of the development, of its area.

(2)Subsections (2) to (5) of section 61 apply in relation to a corporate joint committee 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 corporate joint committee;

(b)references to a neighbouring area are to be construed as references to a neighbouring area which is the area of another corporate joint committee.

60MCorporate joint committee areas: strategic development plans

(1)A corporate joint committee must prepare a plan for its area to be known as a strategic development plan.

(2)The plan must set out—

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

(b)the committee's policies for the implementation of those objectives.

(3)The 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 its plan the committee must have regard to—

(a)current national policies;

(b)the National Development Framework for Wales;

(c)any strategic development plan for an area that adjoins the committee's area;

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

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

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

(7)The committee 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 area.

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

(a)adopted by resolution of the corporate joint committee as its strategic development plan, or

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

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

60NStrategic development plans: 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 prepared by a corporate joint committee.

(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 corporate joint committee;

(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 60M.

(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 60M(7).

5E+WIn section 62 (local development plan)—

(a)in subsection (3A), in paragraph (b) omit “strategic planning”;

(b)in subsection (5), in paragraph (ba) omit “strategic planning”.

6E+WIn section 68A (duty to consider whether to review local development plan), in subsection (2), for “a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area” substitute “ all or part of their area, a local planning authority ”.

7E+WIn section 113 (validity of strategies, plans and documents)—

(a)in subsection (9), in paragraph (ba)—

(i)in sub-paragraph (i) for “60I” substitute “ 60M ”;

(ii)in sub-paragraph (ii) for “60J” substitute “ 60N ”;

(b)in subsection (11), in paragraph (ba), for “strategic planning panel” substitute “ corporate joint committee ”.

8E+WOmit Schedule 2A (strategic planning panels).

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