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

Chapter 3 Form and content of SDP

Form and content

13.—(1) An SDP must contain—

(a) a title which—

(i) gives the name of the area for which the SDP is prepared, and

(ii) specifies that it is an SDP;

(b) a sub-title which specifies—

(i) the date of its adoption or approval and the expiry date of the period in relation to which it has effect, or

(ii) where it is an emerging SDP—

(aa) the period in relation to which it is proposed to have effect,

(bb) the stage reached, and

(cc) its date of publication;

(c) a reasoned justification of the policies contained in it.

(2) Those parts of the SDP which comprise its policies as required by section 60M(2)(b) of the 2004 Act and those which comprise the reasoned justification required by paragraph (1)(c) must be readily distinguishable.

(3) In this regulation, an “emerging SDP” means a document proposed as either an SDP or a revision to an SDP which—

(a) is made available for inspection and published pursuant to regulation 18, 21 or 23, and

(b) has neither been adopted by the CJC under section 67(3) of the 2004 Act, nor approved by the Welsh Ministers under section 65(9)(a) or 71(4)(b) of that Act.

Proposals map

14.—(1) The SDP must contain a map to be known as “a proposals map” of the CJC’s area which—

(a) is—

(i) reproduced from, or based on, a map produced by Ordnance Survey, or

(ii) a map on a similar base with a registered scale, and

(b) shows—

(i) policies with a spatial implication for the development of land in that area, and

(ii) National Grid lines and reference numbers.

(2) Policies for any part of the CJC’s area may be illustrated on a separate map at a scale larger than a proposals map (an “inset map”).

(3) Where an inset map is included in an SDP, the area covered by the inset map must be identified on the proposals map and the policies for that area must be illustrated on that inset map only.

(4) The title (and any sub-title) of an SDP must be set out on the proposals map and on any inset map.

(5) The proposals map and any inset map must show the scale to which it has been prepared and include an explanation of any symbol or notation used in the map.

Additional matters to which the CJC must have regard

15.—(1) The following matters are prescribed for the purposes of section 60M(6)(f) of the 2004 Act—

(a) any policies developed under subsection (1) or (2A) of section 108 of the Transport Act 2000(1) (whether under those subsections as modified by regulations made under Part 5 the 2021 Act or otherwise) which affect any part of the CJC’s area;

(b) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment;

(c) the need, in the long term—

(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate, through appropriate safety distances or other relevant measures;

(iii) in the case of existing establishments, to facilitate and encourage operators to take all necessary measures to prevent major accidents and to limit their consequences for human health and the environment;

(d) the national waste management plan within the meaning of regulation 3(1) of the Waste (England and Wales) Regulations 2011(2) and prepared by the Welsh Ministers;

(e) any marine plan adopted and published by the Welsh Ministers for the purposes of section 51(1) of the Marine and Coastal Access Act 2009(3) which affects any part of the CJC’s area.

(2) Expressions which are both in paragraph (1) and in Directive 2012/18/EU(4) have the same meaning as in that Directive.

(1)

2000 c. 38. Section 108(1) was amended by section 8(1) and (2) of the Local Transport Act 2008 (c. 26). Section 108(2A) was inserted by section 3 of, and paragraph 2 of the Schedule to, the Transport (Wales) Act 2006 (c. 5).

(2)

S.I. 2011/988. There are amendments to regulation 3(1) not relevant to this instrument.

(3)

2009 c. 23.

(4)

Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances (OJ No L 197, 24.7.2012, p. 1).