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

Chapter 7 Intervention by the Welsh Ministers

Direction preventing adoption

26.  Where the Welsh Ministers give a direction under section 67(4) of the 2004 Act directing the CJC not to adopt the SDP, the CJC must—

(a) make the direction available for inspection during normal office hours at the places where the pre-deposit proposals documents and the statement of pre-deposit matters must be made available for inspection under regulation 18(2)(a), and

(b) publish the direction on its website.

Direction to modify an SDP

27.  Where the Welsh Ministers give a direction under section 65(1)(a) of the 2004 Act directing the CJC to modify the SDP, the CJC must—

(a) make the direction available for inspection during normal office hours at the places where the pre-deposit proposals documents and the statement of pre-deposit matters must be made available for inspection under regulation 18(2)(a), and

(b) publish the direction on its website.

Section 65(4) directions (call-in): application of regulations 29 to 32

28.  Regulations 29 to 32 apply where the Welsh Ministers give a direction under section 65(4) of the 2004 Act.

Section 65(4) directions (call-in): direction given before the CJC submits its SDP under section 64(1) of the 2004 Act

29.—(1) Where the Welsh Ministers give a direction under section 65(4) of the 2004 Act directing that the SDP be submitted for their approval before the CJC submits the SDP under section 64(1) of the 2004 Act—

(a) the CJC must—

(i) comply with section 60M(7) of that Act, unless it has already done so;

(ii) make the direction available for inspection during normal office hours at the places where the pre-deposit proposals documents and the statement of pre-deposit matters are required to be made available for inspection under regulation 18(2)(a);

(iii) publish the direction on its website, and

(b) regulations 16 to 22 continue to have effect as if the direction had not been given.

(2) Nothing in paragraph (1)(b) requires the CJC to repeat any step it had taken before it received the direction.

Publication of the recommendations of the appointed person (call-in)

30.  The CJC must as soon as practicable after the Welsh Ministers publish recommendations made to it in accordance with section 65(6) of the 2004 Act—

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

(b) publish those recommendations and reasons on its website.

Departure from recommendations of the appointed person and representations in that regard (call-in)

31.—(1) Where the Welsh Ministers propose to depart from any recommendation given by the appointed person, they must publish departure proposals.

(2) The CJC must as soon as reasonably practicable after the Welsh Ministers comply with paragraph (1)—

(a) make copies of the departure proposals and the relevant statement available for inspection during normal office hours at the places where the pre-deposit proposals documents and the statement of pre-deposit matters were made available for inspection under regulation 18(2)(a);

(b) publish on its website—

(i) the departure proposals,

(ii) the relevant statement, and

(iii) a statement that the departure proposals are available for inspection and the places and times at which they may be inspected;

(c) send to the bodies referred to in paragraph (4)—

(i) copies of the departure proposals(4), and

(ii) notification of the relevant statement.

(3) In this regulation—

(a) “departure proposals” means documents specifying—

(i) the manner in which the Welsh Ministers propose to depart from any recommendations given by the appointed person, and

(ii) the reasons for those proposals;

(b) the “relevant statement” means a statement specifying—

(i) the period within which representations about the departure proposals must be made,

(ii) the address of the Welsh Ministers to which, and where appropriate, the person to whom, representations (whether by electronic communication or otherwise) must be sent, and

(iii) that any representations so made may be accompanied by a request that the person making the representation be notified at a specified address of the Welsh Ministers’ decision under section 65(9)(a) of the 2004 Act.

(4) The bodies referred to in paragraph (2)(c)(i) are—

(a) each of the specific consultation bodies, to the extent that the departure proposals affect or could affect those bodies, and

(b) such of the general consultation bodies as the Welsh Ministers consider appropriate.

(5) Any person may make representations on the departure proposals by sending them to the address and the person (if any) specified in accordance with paragraph (3)(b)(ii) within the period of six weeks beginning with the day on which the Welsh Ministers publish the departure proposals.

(6) The Welsh Ministers must consider any such representations before making a decision under section 65(9)(a) of the 2004 Act.

Welsh Ministers’ decision following section 65(4) direction (call-in)

32.—(1) Where the Welsh Ministers reject the SDP, approve it or approve it subject to modifications under section 65(9)(a) of the 2004 Act (whichever the case may be), the CJC must as soon as reasonably practicable—

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

(i) the SDP;

(ii) the reasons given by the Welsh Ministers under section 65(9)(b) of that Act;

(iii) the decision statement;

(b) publish the decision statement on its website;

(c) send the decision statement to any person who requested to be notified of the decision under section 65(9)(a) of the 2004 Act.

(2) In this regulation, a “decision statement” is a statement which includes—

(a) the Welsh Ministers’ decision under section 65(9)(a) of the 2004 Act, and

(b) where the Welsh Ministers approve the SDP, or approve it subject to modifications, a statement—

(i) of the date on which the SDP was so approved;

(ii) that a person aggrieved by the approved SDP may make an application to the High Court under section 113(3) of the 2004 Act;

(iii) of the grounds on, and the time within which, such an application may be made.