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(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 | 5 |
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 | 10 |
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. | 15 |
(8) The local planning authority must publish the recommendations and the | |
reasons. | |
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 | 20 |
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. | 25 |
(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 | |
approval. | |
(4) The following paragraphs apply if the Assembly gives a direction under | |
subsection (3)— | 30 |
(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; | 35 |
(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 | 40 |
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. | |
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(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 | 5 |
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 | 10 |
the plan has been submitted for independent examination under section 58 | |
unless— | |
(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 | 15 |
(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. | 20 |
(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. | 25 |
(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. | 30 |
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— | 35 |
(a) be in such form as is prescribed; | |
(b) be published in accordance with such requirements as are prescribed. | |
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64 Revision of local development plan | |
(1) The local planning authority may at any time prepare a revision of a local | |
development plan. | |
(2) The authority must prepare a revision of a local development plan— | |
(a) if the Assembly directs them to do so; | 5 |
(b) if, following a review under section 63, they think that the plan should | |
be revised. | |
(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 | 10 |
(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) | |
applies accordingly. | 15 |
(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. | 20 |
(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 | |
(1). | 25 |
66 Joint local development plans | |
(1) Two or more local planning authorities may agree to prepare a joint local | |
development plan. | |
(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 | 30 |
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 | 35 |
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 | 40 |
any corresponding plan prepared by them; | |
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(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 | 5 |
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. | 10 |
(8) A joint local development plan is a local development plan prepared jointly by | |
two or more local planning authorities. | |
Miscellaneous | |
67 Exclusion of certain representations | |
(1) This section applies to any representation or objection in respect of anything | 15 |
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 | 20 |
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 | |
(a)); | |
(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 | 25 |
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 | |
disregard it. | |
68 Urban development corporations | |
The Assembly may direct that this Part (except section 54) does not apply to the | 30 |
area of an urban development corporation. | |
69 Guidance | |
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 | 35 |
(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 | |
achieved. | |
(3) The annual report must— | 40 |
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(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. | |
General | |
71 Regulations | 5 |
(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); | 10 |
(b) the procedure to be followed in the preparation of local development | |
plans; | |
(c) requirements about the giving of notice and publicity; | |
(d) requirements about inspection by the public of a plan or any other | |
document; | 15 |
(e) requirements about consultation; | |
(f) the making of representations about any matter to be included in a local | |
development plan; | |
(g) consideration of any such representations; | |
(h) the remuneration and allowances payable to the person appointed to | 20 |
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. | |
72 Interpretation | 25 |
(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 | 30 |
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. | |
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Part 7 | |
Compulsory purchase | |
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 | 5 |
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 | 10 |
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) | 15 |
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 | |
their area; | 20 |
(b) the promotion or improvement of the social well-being of their | |
area; | |
(c) the promotion or improvement of the environmental well-being | |
of their area.” | |
(4) Subsection (2) is omitted. | 25 |
(5) Nothing in this section affects a compulsory purchase order made before the | |
commencement of this section. | |
Loss payments | |
74 Basic loss payment | |
(1) After section 33 of the Land Compensation Act 1973 (c. 26) (home loss | 30 |
payments for certain caravan dwellers) there is inserted the following | |
section— | |
“Other loss payments | |
33A Basic loss payment | |
(1) This section applies to a person— | 35 |
(a) if he has a qualifying interest in land, | |
(b) if the interest is acquired compulsorily, and | |
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(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; | 5 |
(b) £75,000. | |
(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— | 10 |
(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; | 15 |
(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; | 20 |
(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 | 25 |
Planning Act 1990 (right to require purchase of certain | |
interests); | |
(b) a notice under section 150 of that Act (purchase of blighted | |
land). | |
(6) The value of an interest is its value for the purpose of deciding the | 30 |
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 | 35 |
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 | 40 |
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 | 45 |
of this Act) there are inserted the following sections— | |
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