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Planning (Wales) Act 2026
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Planning (Wales) Act 2026, Section 28 is up to date with all changes known to be in force on or before 10 August 2026. 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.
Changes to Legislation
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Changes and effects yet to be applied to Section 28:
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
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):
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Prospective
28Withdrawal of plan in absence of directionE+W
This section has no associated Explanatory Notes
(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(a)the inspector who carries out the examination recommends that the plan is withdrawn, and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
I1S. 28 not in force at Royal Assent, see s. 409(2)
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