PART 2THE DEVELOPMENT PLAN
CHAPTER 4STRATEGIC AND LOCAL DEVELOPMENT PLANS: PROCEDURE
Intervention by the Welsh Ministers and withdrawal of plans before adoption
28Withdrawal of plan in absence of direction
(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the inspector who carries out the examination recommends that the plan is withdrawn, and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.