206Power to make discontinuance order(1)

A planning authority may make a discontinuance order in relation to any land in its area.

(2)

The Welsh Ministers may make a discontinuance order in relation to any land in Wales.

(3)

A discontinuance order may only be made if the planning authority considers or (as the case may be) the Welsh Ministers consider that it is appropriate to do so in the interests of the proper planning of the area in which the land is situated (including the interests of amenity).

(4)

In considering whether it is appropriate to make an order, the planning authority or the Welsh Ministers—

(a)

must have regard to the development plan for the area and any other relevant considerations, and

(b)

must make the decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(5)

A discontinuance order is an order—

(a)

requiring a use of the land to which the order relates to be discontinued,

(b)

imposing conditions specified in the order on the continuance of a use of the land,

(c)

requiring steps specified in the order to be taken for the alteration or removal of buildings or works on the land, or

(d)

requiring steps specified in the order to be taken for the alteration or removal of plant or machinery used for carrying out mining operations or depositing waste on the land.

(6)

In subsection (5)(a) and (b) references to use of land do not include use for carrying out operations on the land other than mining operations.

(7)

Where—

(a)

the requirements of a discontinuance order will involve the displacement of persons from premises in which they live, and

(b)

there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms,

the planning authority in whose area the premises are situated must secure the provision for those persons, before they are displaced, of residential accommodation that is suitable to their reasonable requirements.

(8)

In Schedule 14—

(a)

Part 1 makes provision about the procedure that must be followed before a discontinuance order made by a planning authority takes effect;

(b)

Part 2 makes provision about the procedure that must be followed before the Welsh Ministers make a discontinuance order;

(c)

Part 3 makes further provision about conditions that may be imposed by a discontinuance order in relation to land used for carrying out mining operations or depositing waste.