Prospective

PART 2 E+W THE DEVELOPMENT PLAN

CHAPTER 4 E+W STRATEGIC AND LOCAL DEVELOPMENT PLANS: PROCEDURE

Introduction E+W

20 Meaning of “plan” and “plan-making authority” E+W

In this Chapter—

• “plan” (“cynllun”) means a strategic development plan or a local development plan;

• “plan-making authority” (“awdurdod sy’n gwneud cynllun”)—

  (a)

  in relation to a strategic development plan for an area, means the corporate joint committee for the area;

  (b)

  in relation to a local development plan for an area, means the planning authority for the area.

Commencement Information

I1 S. 20 not in force at Royal Assent, see s. 409(2)

Preparation and adoption of plans E+W

21 Preparation of plan: procedure and delivery agreement E+W

(1) A plan-making authority must prepare its plan in accordance with—

(a) the procedure specified in regulations, and

(b) the delivery agreement for the plan.

(2) The delivery agreement for the plan consists of—

(a) the timetable for the preparation and adoption of the plan, and

(b) the authority’s community involvement scheme.

(3) The authority’s community involvement scheme is a statement of its policies for the involvement in the preparation of the plan of persons who are listed in the scheme.

(4) The persons listed in the community involvement scheme—

(a) must include the persons specified in regulations;

(b) may include any other persons the plan-making authority considers to have an interest in matters relating to the development and use of land in its area.

(5) The plan-making authority and the Welsh Ministers must attempt to agree the terms of the delivery agreement for the plan.

(6) But to the extent that they cannot agree the terms, the Welsh Ministers may direct that the delivery agreement must be in the terms specified in the direction.

(7) The plan-making authority must comply with the direction.

(8) Regulations may specify—

(a) the procedure to be followed in preparing a delivery agreement;

(b) circumstances in which the requirements of a delivery agreement need not be complied with.

Commencement Information

I2 S. 21 not in force at Royal Assent, see s. 409(2)

22 Sustainability appraisal E+W

(1) In preparing its plan, a plan-making authority must—

(a) carry out an appraisal of the sustainability of the plan, and

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

(2) The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the authority’s area.

(3) Regulations may specify the procedure to be followed in carrying out an appraisal under this section.

Commencement Information

I3 S. 22 not in force at Royal Assent, see s. 409(2)

23 Independent examination E+W

(1) Before a plan-making authority adopts its plan, it must submit the plan to the Welsh Ministers for independent examination.

(2) But the authority must not submit its plan unless—

(a) it has complied with any relevant requirements of regulations under this Part, and

(b) it considers that the plan is ready for independent examination.

(3) Regulations may specify other documents and information that the authority must send to the Welsh Ministers in addition to the plan.

(4) An independent examination must be carried out by an inspector.

(5) The purpose of the examination is to determine whether the plan—

(a) satisfies the requirements imposed by and under this Part, and

(b) is sound.

(6) If a person who makes representations seeking to change the plan requests an opportunity to appear before and be heard by the inspector, the person must be given such an opportunity.

(7) The inspector must—

(a) make recommendations;

(b) give reasons for the recommendations.

(8) The plan-making authority must publish the recommendations and the reasons.

(9) Regulations may make provision about—

(a) the procedure to be followed in connection with an independent examination under this Chapter;

(b) the remuneration and allowances payable to an inspector appointed to carry out an independent examination.

Commencement Information

I4 S. 23 not in force at Royal Assent, see s. 409(2)

24 Adoption of plan E+W

(1) A plan-making authority may—

(a) adopt its plan as originally submitted for independent examination if the inspector appointed to carry out the examination recommends that the plan is adopted as originally submitted;

(b) adopt the plan with modifications if the inspector recommends the modifications.

(2) A plan is adopted for the purposes of this section if it is adopted by a resolution of the authority.

(3) A plan-making authority must not adopt a plan if the Welsh Ministers direct it not to do so.

Commencement Information

I5 S. 24 not in force at Royal Assent, see s. 409(2)

Intervention by the Welsh Ministers and withdrawal of plans before adoption E+W

25 Power to direct authority to modify plan E+W

(1) If the Welsh Ministers consider that a plan that has not yet been adopted is unsatisfactory, they may direct the plan-making authority to modify the plan in accordance with the direction.

(2) If the Welsh Ministers give a direction under this section, they must state their reasons for doing so.

(3) The plan-making authority—

(a) must comply with the direction;

(b) must not adopt the plan unless the Welsh Ministers give notice that they are satisfied that the authority has complied with the direction.

(4) In exercising their functions under this section in relation to a plan, the Welsh Ministers must have regard to the delivery agreement for the plan (see section 21).

Commencement Information

I6 S. 25 not in force at Royal Assent, see s. 409(2)

26 Power to direct authority to submit plan for approval E+W

(1) The Welsh Ministers may at any time before a plan is adopted direct the plan-making authority to submit the plan to them for their approval.

(2) If the Welsh Ministers give a direction under this section—

(a) the plan-making authority must not take any further steps in connection with the adoption of the plan;

(b) if the direction is given before the authority has submitted the plan for independent examination, the Welsh Ministers must cause an independent examination of the plan to be held in accordance with section 23(4) to (7);

(c) if the direction is given after the authority has submitted the plan for independent examination, the inspector appointed to carry out the examination must make recommendations to the Welsh Ministers;

(d) the plan has no effect unless it is approved by the Welsh Ministers.

(3) The Welsh Ministers must publish the recommendations made to them by virtue of subsection (2)(b) or (c) and the reasons of the inspector who makes the recommendations.

(4) In considering a plan submitted to them in accordance with a direction under this section, the Welsh Ministers may take account of any matter they consider relevant, whether or not it was taken into account by the plan-making authority.

(5) Where a plan is submitted to them in accordance with a direction under this section, the Welsh Ministers may—

(a) approve the plan as submitted,

(b) approve it with modifications, or

(c) reject it.

(6) The Welsh Ministers must give reasons for their decision.

(7) In exercising their functions under this section in relation to a plan, the Welsh Ministers must have regard to the delivery agreement for the plan (see section 21).

Commencement Information

I7 S. 26 not in force at Royal Assent, see s. 409(2)

27 Power to direct authority to withdraw plan E+W

(1) The Welsh Ministers may at any time before a plan is adopted direct the plan-making authority to withdraw the plan.

(2) If the Welsh Ministers give a direction under this section, they must state their reasons for doing so.

(3) The authority must withdraw the plan in accordance with the direction.

Commencement Information

I8 S. 27 not in force at Royal Assent, see s. 409(2)

28 Withdrawal of plan in absence of direction E+W

(1) This section applies where a plan-making authority has not been directed to withdraw its plan.

(2) The authority may withdraw the plan at any time before adopting it; but this is subject to the following provisions of this section.

(3) A plan-making authority may not withdraw a plan if the Welsh Ministers have—

(a) directed the authority to submit the plan for approval under section 26, or

(b) taken any step under section 29 in connection with the plan.

(4) A plan-making authority may withdraw a plan that has been submitted for independent examination under section 23 only if—

(a) the inspector who carries out the examination recommends that the plan is withdrawn, and

(b) the recommendation is not overruled by a direction given by the Welsh Ministers.

(5) A plan-making authority may withdraw a plan to which subsection (6) applies only if—

(a) the authority has given notice to the Welsh Ministers of its intention to withdraw the plan, and

(b) the notice period has ended.

(6) This subsection applies to a plan if the authority—

(a) has not yet submitted the plan for independent examination under section 23, but

(b) has taken steps in connection with the preparation of the plan that are specified in regulations.

(7) Where a plan-making authority has given notice under subsection (5)(a), the Welsh Ministers may give a direction to the authority doing either or both of the following—

(a) requiring the authority to provide further information;

(b) extending the notice period.

(8) “The notice period” means the period, beginning with the day notice is given under subsection (5)(a), that is specified in regulations; but this is subject to any direction given under subsection (7)(b) in a particular case.

Commencement Information

I9 S. 28 not in force at Royal Assent, see s. 409(2)

29 Default powers of the Welsh Ministers E+W

(1) This section applies if the Welsh Ministers consider that a plan-making authority is failing to do anything it is necessary for the authority to do in connection with the preparation or adoption of its plan.

(2) The Welsh Ministers may prepare the plan.

(3) The Welsh Ministers must cause an independent examination to be held in accordance with section 23(4) to (7).

(4) The Welsh Ministers must publish the recommendations and reasons of the inspector who carries out the examination.

(5) The Welsh Ministers may approve the plan as a strategic development plan or local development plan (as the case may be).

(6) The Welsh Ministers must give reasons for anything they do under subsection (2) or (5).

(7) The plan-making authority must reimburse the Welsh Ministers for any costs they incur in connection with anything—

(a) that they do under subsection (2) or (5), and

(b) that the authority failed to do as mentioned in subsection (1).

Commencement Information

I10 S. 29 not in force at Royal Assent, see s. 409(2)

Representations about plans E+W

30 Exclusion of certain representations relating to highways and new towns E+W

(1) A plan-making authority or the Welsh Ministers may disregard a representation about a plan if it considers or they consider that the representation is in substance a representation or objection to which this section applies.

(2) This section applies to a representation about, or an objection to, anything done or proposed to be done in pursuance of—

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act (orders and schemes relating to trunk roads, classified roads, special roads, bridges, tunnels and diversion of watercourses);

(b) an order under section 1 of the New Towns Act 1981 (c. 64) (designation of site of proposed new town).

Commencement Information

I11 S. 30 not in force at Royal Assent, see s. 409(2)

Review, revision, revocation and monitoring of plans after adoption or approval E+W

31 Duty to consider whether to review plan E+W

(1) Following the publication of the National Development Framework for Wales or a revised Framework, a plan-making authority must consider whether to carry out a review of its plan.

(2) Following the adoption or approval of a strategic development plan or revised strategic development plan for all or part of its area, a planning authority must consider whether to carry out a review of its local development plan.

Commencement Information

I12 S. 31 not in force at Royal Assent, see s. 409(2)

32 Review of plan E+W

(1) A plan-making authority must carry out a review of its plan—

(a) if, after consideration under section 31, it considers that the plan should be reviewed;

(b) at any other time specified in regulations.

(2) The authority must—

(a) report the findings of the review to the Welsh Ministers, and

(b) publish the report.

Commencement Information

I13 S. 32 not in force at Royal Assent, see s. 409(2)

33 Revision of plan E+W

(1) A plan-making authority may prepare a revision of its plan at any time.

(2) The authority must prepare a revision of its plan—

(a) if, after a review under section 32, it considers that the plan should be revised;

(b) at any other time if the Welsh Ministers direct it to do so.

(3) This Part applies to the revision of a plan as it applies to the preparation of the plan.

Commencement Information

I14 S. 33 not in force at Royal Assent, see s. 409(2)

34 Revocation of plan E+W

The Welsh Ministers may at any time revoke a plan at the request of the plan-making authority.

Commencement Information

I15 S. 34 not in force at Royal Assent, see s. 409(2)

35 Annual monitoring report E+W

A plan-making authority must make an annual report to the Welsh Ministers about the extent to which the objectives set out in its plan are being achieved.

Commencement Information

I16 S. 35 not in force at Royal Assent, see s. 409(2)

Joint local development plans E+W

36 Joint exercise of functions by planning authorities E+W

(1) The Welsh Ministers may direct two or more planning authorities to prepare a joint local development plan for their areas.

(2) A direction under subsection (1) may not be given to a National Park authority.

(3) If the Welsh Ministers give a direction, they must state their reasons for doing so.

(4) The authorities to which the direction is given must comply with it.

(5) Two or more planning authorities may, in the absence of a direction to any of them under subsection (1), agree to prepare a joint local development plan for their areas.

(6) This Part applies in relation to a joint local development plan as it applies in relation to any other local development plan.

(7) Anything that must be done by or in relation to a planning authority in connection with a local development plan must be done by or in relation to each of the authorities mentioned in subsection (1) or (5) in connection with a joint local development plan.

(8) In this section and section 37, “joint local development plan” means a local development plan prepared jointly by two or more planning authorities.

Commencement Information

I17 S. 36 not in force at Royal Assent, see s. 409(2)

37 End of joint arrangements between planning authorities E+W

(1) This section applies if—

(a) the Welsh Ministers withdraw a direction to prepare a joint local development plan or vary it so that it ceases to apply to a planning authority, or

(b) a planning authority withdraws from an agreement to prepare a joint local development plan.

(2) Steps taken in relation to the joint local development plan must be treated as steps taken—

(a) by a planning authority to which the direction or agreement applied for the purposes of a corresponding local development plan prepared by the authority, or

(b) by two or more planning authorities to which the direction or agreement applied for the purposes of a corresponding joint local development plan prepared by those authorities.

(3) Any independent examination of a joint local development plan to which the direction or agreement applied must be suspended.

(4) But the Welsh Ministers may direct that—

(a) the examination is to be resumed in relation to the corresponding local development plan or corresponding joint local development plan;

(b) steps taken for the purposes of the suspended examination are to have effect for the purposes of the resumed examination.

(5) The Welsh Ministers may give a direction under subsection (4) only if—

(a) a planning authority to which the direction or agreement applied requests them to do so, and

(b) the request is made before the end of the period specified in regulations

(6) Regulations may—

(a) specify circumstances in which subsections (2), (4) and (5) are not to apply in relation to a planning authority;

(b) make provision about what is a corresponding local development plan or a corresponding joint local development plan.

Commencement Information

I18 S. 37 not in force at Royal Assent, see s. 409(2)

Costs of independent examinations of plans E+W

38 Power to require plan-making authority to pay costs of independent examination E+W

(1) This section applies where the Welsh Ministers appoint an inspector to carry out an independent examination of a plan under this Chapter.

(2) The Welsh Ministers may require the plan-making authority to pay the costs incurred by the Welsh Ministers in relation to the examination (or so much of those costs as the Welsh Ministers may require).

(3) The Welsh Ministers may certify the amount of their costs; and an amount they certify and require the plan-making authority to pay is recoverable from the authority as a civil debt.

(4) The costs incurred by the Welsh Ministers in relation to an independent examination include—

(a) the entire administrative cost incurred by the Welsh Ministers in connection with the examination, including in particular a reasonable amount that they determine in respect of general staff costs and overheads of the Welsh Government;

(b) costs in respect of an examination that does not take place.

(5) Regulations may specify a standard daily amount for independent examinations of a specified description.

(6) Where an inspector is appointed to carry out an independent examination of a specified description, the costs incurred by the Welsh Ministers are to be taken to be—

(a) the standard daily amount for each day (or an appropriate proportion of that amount for a part of a day) on which the inspector is engaged in carrying out the examination or on work connected with it,

(b) costs actually incurred on travelling or subsistence allowances payable to or for the inspector in connection with the examination,

(c) costs attributable to the appointment of an assessor to assist the inspector, and

(d) any other costs attributable to the appointment of the inspector.

(7) In this section “specified” means specified in regulations.

Commencement Information

I19 S. 38 not in force at Royal Assent, see s. 409(2)