(3) The authority must also send to the Assembly (in addition to the local
development plan) such other documents (or copies of documents) and such
information as is prescribed.
(4) The examination must be carried out by a person appointed by the Assembly.
(5) The purpose of the independent examination is to determine in respect of a
local development plan—
(a) whether it satisfies the requirements of sections 56 and 57 and of
regulations under section 71;
(b) whether it is sound.
(6) Any person who makes representations seeking to change a local development
plan must (if he so requests) be given the opportunity to appear before and be
heard by the person carrying out the examination.
(7) The person appointed to carry out the examination—
(a) must make recommendations;
(b) give reasons for the recommendations.
(8) The local planning authority must publish the recommendations and the
59 Intervention by Assembly
(1) If the Assembly thinks that a local development plan is unsatisfactory it may at
any time before the plan is adopted by the local planning authority direct them
to modify the plan in accordance with the direction.
(2) The authority—
(a) must comply with the direction;
(b) must not adopt the plan unless the Assembly gives notice that it is
satisfied that they have complied with the direction.
(3) At any time before a local development plan is adopted by a local planning
authority the Assembly may direct that the plan is submitted to it for its
(4) The following paragraphs apply if the Assembly gives a direction under
(a) the authority must not take any step in connection with the adoption of
the plan until the Assembly gives its decision;
(b) if the direction is given before the authority have submitted the plan
under section 58(1) the Assembly must hold an independent
examination and section 58(4) to (7) applies accordingly;
(c) if the direction is given after the authority have submitted the plan the
person appointed to carry out the examination must make his
recommendations to the Assembly;
(d) the plan has no effect unless it has been approved by the Assembly.
(5) The Assembly must publish the recommendations made to it by virtue of
subsection (4)(b) or (c).
(6) In considering a plan submitted under subsection (3) the Assembly may take
account of any matter which it thinks is relevant.
(7) It is immaterial whether any such matter was taken account of by the authority.
(8) The Assembly—
(a) may approve, approve subject to specified modifications or reject a
plan submitted to it under subsection (3);
(b) must give reasons for its decision under paragraph (a).
(9) In the exercise of any function under this section the Assembly must have
regard to the documents mentioned in paragraphs (a) and (b) of section 57(1).
60 Withdrawal of local development plan
(1) A local planning authority may at any time before a local development plan is
adopted under section 61 withdraw the plan.
(2) But subsection (1) does not apply to a local development plan at any time after
the plan has been submitted for independent examination under section 58
(a) the person carrying out the examination recommends that the plan is
withdrawn and that recommendation is not overruled by a direction
given by the Assembly, or
(b) the Assembly directs that the plan must be withdrawn.
61 Adoption of local development plan
(1) The local planning authority may adopt a local development plan as originally
prepared if the person appointed to carry out the independent examination of
the plan recommends that the plan as originally prepared is adopted.
(2) The authority may adopt a local development plan with modifications if the
person appointed to carry out the independent examination of the plan
recommends the modifications.
(3) A plan is adopted for the purposes of this section if it is adopted by resolution
of the authority.
(4) But the authority must not adopt a local development plan if the Assembly
directs them not to do so.
62 Revocation of local development plan
The Assembly may at any time revoke a local development plan at the request
of the local planning authority.
63 Review of local development plan
(1) A local planning authority must carry out a review of their local development
plan at such times as the Assembly prescribes.
(2) The authority must report to the Assembly on the findings of their review.
(3) A review must—
(a) be in such form as is prescribed;
(b) be published in accordance with such requirements as are prescribed.
64 Revision of local development plan
(1) The local planning authority may at any time prepare a revision of a local
(2) The authority must prepare a revision of a local development plan—
(a) if the Assembly directs them to do so;
(b) if, following a review under section 63, they think that the plan should
(3) This Part applies to the revision of a local development plan as it applies to the
preparation of the plan.
65 Assembly’s default power
(1) This section applies if the Assembly thinks that a local planning authority are
failing or omitting to do anything it is necessary for them to do in connection
with the preparation, revision or adoption of a local development plan.
(2) The Assembly must hold an independent examination and section 58(4) to (7)
(3) The Assembly must publish the recommendations and reasons of the person
appointed to hold the examination.
(4) The Assembly may—
(a) prepare or revise (as the case may be) the plan, and
(b) approve the plan as a local development plan.
(5) The authority must reimburse the Assembly for any expenditure it incurs in
connection with anything—
(a) which is done by it under subsection (4), and
(b) which the authority failed or omitted to do as mentioned in subsection
66 Joint local development plans
(1) Two or more local planning authorities may agree to prepare a joint local
(2) This Part applies for the purposes of the preparation, revision, adoption,
withdrawal and revocation of a joint local development plan as it applies for
the purposes of the preparation, revision, adoption, withdrawal and
revocation of a local development plan.
(3) For the purposes of subsection (2) anything which must be done by or in
relation to a local planning authority in connection with a local development
plan must be done by or in relation to each of the authorities mentioned in
subsection (1) in connection with a joint local development plan.
(4) Subsections (5) to (7) apply if a local planning authority withdraw from an
agreement mentioned in subsection (1).
(5) Any step taken in relation to the plan must be treated as a step taken by—
(a) an authority which was a party to the agreement for the purposes of
any corresponding plan prepared by them;
(b) two or more other authorities who were parties to the agreement for the
purposes of any corresponding joint local development plan.
(6) Any independent examination of a local development plan to which the
agreement relates must be suspended.
(7) If before the end of the period prescribed for the purposes of this subsection an
authority which was a party to the agreement requests the Assembly to do so
it may direct that—
(a) the examination is resumed in relation to the corresponding plan;
(b) any step taken for the purposes of the suspended examination has
effect for the purposes of the resumed examination.
(8) A joint local development plan is a local development plan prepared jointly by
two or more local planning authorities.
67 Exclusion of certain representations
(1) This section applies to any representation or objection in respect of anything
which is done or is proposed to be done in pursuance of—
(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of
the Highways Act 1980 (c. 66);
(b) an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act
1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act
1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which
provisions were replaced by the provisions mentioned in paragraph
(c) an order under section 1 of the New Towns Act 1981 (c. 64).
(2) If the Assembly or a local planning authority thinks that a representation made
in relation to a local development plan is in substance a representation or
objection to which this section applies it or they (as the case may be) may
68 Urban development corporations
The Assembly may direct that this Part (except section 54) does not apply to the
area of an urban development corporation.
In the exercise of any function conferred under or by virtue of this Part the local
planning authority must have regard to any guidance issued by the Assembly.
70 Annual monitoring report
(1) Every local planning authority must make an annual report to the Assembly.
(2) The annual report must contain such information as is prescribed as to the
extent to which the objectives set out in the local development plan are being
(3) The annual report must—
(a) be made at such time as is prescribed;
(b) be in such form as is prescribed;
(c) contain such other matter as is prescribed.
(1) The Assembly may by regulations make provision in connection with the
exercise of functions conferred by this Part on any person.
(2) The regulations may in particular make provision as to—
(a) the procedure to be followed by the local planning authority in carrying
out the appraisal under section 56(6);
(b) the procedure to be followed in the preparation of local development
(c) requirements about the giving of notice and publicity;
(d) requirements about inspection by the public of a plan or any other
(e) requirements about consultation;
(f) the making of representations about any matter to be included in a local
(g) consideration of any such representations;
(h) the remuneration and allowances payable to the person appointed to
carry out an independent examination under section 58;
(i) the time at which anything must be done for the purposes of this Part;
(j) monitoring the exercise by local planning authorities of their functions
under this Part.
(1) Local development plan must be construed in accordance with section 56.
(2) Local planning authorities are—
(a) county councils in Wales;
(b) county borough councils.
(3) A National Park authority is the local planning authority for the whole of its
area and subsection (2) must be construed subject to that.
(4) The Assembly is the National Assembly for Wales.
(5) RSS must be construed in accordance with Part 1.
(6) This section applies for the purposes of this Part.
Acquisition of land for development
73 Compulsory acquisition of land for development etc
(1) Section 226 of the principal Act (compulsory acquisition of land for
development and other planning purposes) is amended as follows.
(2) In subsection (1)—
(a) the first “which” is omitted;
(b) for paragraph (a) there is substituted the following paragraph—
“(a) if the authority think that the acquisition will facilitate
the carrying out of development, re-development or
improvement on or in relation to the land,”;
(c) in paragraph (b) at the beginning there is inserted “which”.
(3) After subsection (1) there is inserted the following subsection—
“(1A) But a local authority must not exercise the power under paragraph (a)
of subsection (1) unless they think that the development, re-
development or improvement is likely to contribute to the achievement
of any one or more of the following objects—
(a) the promotion or improvement of the economic well-being of
(b) the promotion or improvement of the social well-being of their
(c) the promotion or improvement of the environmental well-being
of their area.”
(4) Subsection (2) is omitted.
(5) Nothing in this section affects a compulsory purchase order made before the
commencement of this section.
74 Basic loss payment
(1) After section 33 of the Land Compensation Act 1973 (c. 26) (home loss
payments for certain caravan dwellers) there is inserted the following
“Other loss payments
33A Basic loss payment
(1) This section applies to a person—
(a) if he has a qualifying interest in land,
(b) if the interest is acquired compulsorily, and
(c) to the extent that he is not entitled to a home loss payment in
respect of any part of the interest.
(2) A person to whom this section applies is entitled to payment of
whichever is the lower of the following amounts—
(a) 7.5% of the value of his interest;
(3) A payment under this section must be made by the acquiring authority.
(4) An interest in land is a qualifying interest if it is a freehold interest or
an interest as tenant and (in either case) it subsists for a period of not
less than one year ending with whichever is the earliest of—
(a) the date on which the acquiring authority takes possession of
the land under section 11 of the Compulsory Purchase Act 1965
(entry to take possession of land);
(b) the date on which the acquiring authority enters the land if it
proceeds under Schedule 3 to that Act;
(c) the vesting date (within the meaning of the Compulsory
Purchase (Vesting Declarations) Act 1981) if a declaration is
made under section 4 of that Act (general vesting declaration);
(d) the date on which compensation is agreed between the person
and the acquiring authority;
(e) the date on which the amount of compensation is determined
by the Lands Tribunal.
(5) The compulsory acquisition of an interest in land includes acquisition
of the interest in consequence of the service of—
(a) a purchase notice under section 137 of the Town and Country
Planning Act 1990 (right to require purchase of certain
(b) a notice under section 150 of that Act (purchase of blighted
(6) The value of an interest is its value for the purpose of deciding the
amount of compensation payable in respect of the acquisition; but this
is subject to subsections (7) and (8).
(7) If an interest consists partly of a dwelling in respect of which the person
is entitled to a home loss payment the value of the interest is the value
of the whole interest less the value of so much of the interest as is
represented by the dwelling.
(8) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent
reinstatement) applies for the purpose of assessing the amount of
compensation the value of the interest is nil.”
(2) Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by
subsection (1) above) does not apply in relation to the acquisition of any
interest in land by means of a compulsory purchase order made or made in
draft before the commencement of this section.
75 Occupier’s loss payment
(1) After section 33A of the Land Compensation Act 1973 (inserted by section 74
of this Act) there are inserted the following sections—