The Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment) Order 2012

Welsh Statutory Instruments

2012 No. 1664 (W.214)

TOWN AND COUNTRY PLANNING, WALES

The Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment) Order 2012

Made

27 June 2012

Coming into force

2 July 2012

The Welsh Ministers, in exercise of the powers vested in them(1) by sections 121(5) and 122(3) of the Planning and Compulsory Purchase Act 2004(2), make the following Order:

Title, commencement and application

1.—(1) The title of this Order is the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment) Order 2012 and it comes into force on 2 July 2012.

(2) This Order applies in relation to Wales.

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

2.  In the Schedule to the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005(3), omit the words “Flintshire County Council”.

Revocation

3.  Article 6 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 is revoked.

Rosemary Thomas

Chief Planner/Deputy Director under authority of the Minister for Environment and Sustainable Development, one of the Welsh Ministers

27 June 2012

Explanatory Note

(This note is not part of the Order)

This Order brings to an end the transitional arrangements made under the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (“the No. 4 Order”) in relation to Flintshire County Council (“the Council”).

Under those arrangements, a local planning authority listed in the Schedule to the No. 4 Order is able to continue with the process leading ultimately to the adoption of its unitary development plan under the Town and Country Planning Act 1990, instead of having to start work on the preparation of a local development plan under the Planning and Compulsory Purchase Act 2004.

This Order removes the Council from the Schedule to the No. 4 Order and thus places the Council under a duty to prepare a local development plan for its area.

Article 6 of the No. 4 Order is revoked because all local planning authorities in Wales have now given notice of their intention to conclude the exercise of their powers under the Town and Country Planning (Development Plan) Regulations 1991 (S.I. 1991/2794).

(1)

The functions conferred on the National Assembly for Wales by the Planning and Compulsory Purchase Act 2004 (c. 5) are exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).