The Town and Country Planning (Strategic Development Plan) (Wales) Regulations 2021

Chapter 6 Independent examination of SDP

Submission of SDP to the Welsh Ministers

23.—(1) The documents prescribed for the purposes of section 64(3) of the 2004 Act are—

(a) the sustainability appraisal report,

(b) the community involvement scheme,

(c) a consultation report setting out—

(i) which persons or bodies the CJC has engaged or consulted in accordance with regulations 16, 18 and 21,

(ii) a summary of the main issues raised, responses given and representations made as a result of that engagement, consultation or notification,

(iii) an explanation of how the main issues raised, responses given and representations made as a result of engagement or consultation under regulation 16 or 18 have been addressed in the SDP, and the extent to which they have been addressed,

(iv) the CJC’s recommendations as to how it considers the main issues raised in the representations made in accordance with regulation 22 should be addressed in the SDP,

(v) the total number of representations made in accordance with regulations 19 and 22, and

(vi) a description of any deviation from the community involvement scheme,

(d) any relevant review report,

(e) any candidate strategic locations and sites register,

(f) a copy of the representations received in accordance with regulation 22, and

(g) such supporting documents as the CJC considers relevant to the preparation of the SDP.

(2) Paragraph (3) applies for the purposes of paragraph (1)(a) to (c), (e) and (g).

(3) Where this paragraph applies—

(a) two copies of each of the documents in question must be sent to the Welsh Ministers in paper form, and

(b) one copy of each must be sent to the Welsh Ministers electronically, subject to that being practicable in the case of the documents referred to in paragraph (1)(g).

(4) For the purposes of paragraph (1)(f), a copy of each representation must be sent to the Welsh Ministers in paper form.

(5) The CJC must—

(a) publish a statement on its website that it has submitted the SDP for examination under section 64(1) of the 2004 Act;

(b) make the documents referred to in paragraph (1)(c) and (1)(g) available for inspection during normal office hours at the places at which the pre-deposit proposals documents and the statement of pre-deposit matters were made available for inspection under regulation 18(2)(a);

(c) publish on its website the consultation report and if reasonably practicable the documents referred to in paragraph (1)(g);

(d) give notice to any person who requested notification of the submission of the SDP to the Welsh Ministers for independent examination, to the effect that it has been so submitted.

Independent examination

24.—(1) At least six weeks before the start of the first of any hearings held in relation to the SDP under section 64(6) of the 2004 Act, the CJC must—

(a) publish the matters referred to in paragraph (2) on its website;

(b) notify any person who has made (and not withdrawn) a representation in accordance with regulation 22 of those matters.

(2) The matters that must be published are the—

(a) time and place at which the hearing is to be held, and

(b) name of the appointed person.

(3) The appointed person must consider any representation made in accordance with regulation 22 before making recommendations in accordance with section 64(7) of the 2004 Act.

Publication of the recommendations of the appointed person

25.—(1) The time by which the CJC must comply with section 64(8) of the 2004 Act is—

(a) where the Welsh Ministers give a direction under section 65(1) of the 2004 Act after the appointed person has complied with section 64(7) of that Act, as soon as reasonably practicable after receipt of the direction;

(b) otherwise, on or before the day on which the SDP is adopted under section 67(3) of the 2004 Act.

(2) In publishing the appointed person’s recommendations and the reasons in accordance with section 64(8) of the 2004 Act, the CJC must—

(a) make the recommendations and the reasons for the recommendations available for inspection during normal office hours at the places at which the pre-deposit proposals documents and statement of pre-deposit matters were made available for inspection under regulation 18(2)(a),

(b) publish the recommendations and reasons on its website, and

(c) give notice to any person who requested notification of the publication of the recommendations of the appointed person to the effect that they have been so published.