Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings the remaining provisions of Part 6 of the Planning and Compulsory Purchase Act 2004 (“the Act”) into force on 15 October 2005, namely sections 61, 64 to 71, 74 and 76 (in so far as it is not already in force), with the exception of the regulation-making provisions within those sections, which will come into force on 5 October 2005.

Part 6 of the Act (sections 60 to 78) applies in relation to Wales and establishes a system of local development plans (LDPs) in place of unitary development plans required under Chapter 1 of Part II of the Town and Country Planning Act 1990 (the 1990 Act). It also makes provision for a Wales Spatial Plan.

All provisions contained in articles 3 to 7 of this Order will come into force on 15 October 2005.

This Order inserts paragraph 1B into Schedule 13 of the Act to provide for LDPs and makes transitional arrangements for existing development plans.

This Order also brings to an end the transitional arrangements made under the Planning and Compulsory Purchase Act 2004 (Commencement No. 3 and Consequential and Transitional Provisions) (Wales) Order 2005 (S.I. 2005/1229) (W.87) (C.56) under which the provisions of Part 6 of the Act requiring local planning authorities to commence preparation of their LDPs only took effect in relation to certain authorities, namely—

• Caerphilly County Borough Council

• The Council of the City and County of Cardiff

• Conwy County Borough Council

• Denbighshire County Council

• Merthyr Tydfil County Borough Council

• Rhondda Cynon Taf County Borough Council

• Snowdonia National Park Authority

• Torfaen County Borough Council

• Wrexham County Borough Council

The effect of this Order will therefore be to bring into effect in Wales the system of LDPs. However those local planning authorities mentioned in the Schedule to the Order will not be under a duty to prepare an LDP until a further order is made by the National Assembly for Wales.