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(4) The following paragraphs apply if the Assembly gives a direction under | |
subsection (3)— | |
(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 | 5 |
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; | 10 |
(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. | 15 |
(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). | 20 |
(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. | 25 |
(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 | |
unless— | |
(a) the person carrying out the examination recommends that the plan is | |
withdrawn and that recommendation is not overruled by a direction | 30 |
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(b) the Assembly directs that the plan must be withdrawn.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 | 35 |
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 | 40 |
of the authority. | |
(4) But the authority must not adopt a local development plan if the Assembly | |
directs them not to do so. | |
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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 | 5 |
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. | 10 |
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; | 15 |
(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 | 20 |
(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. | 25 |
(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. | 30 |
(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). | 35 |
66 Joint local development plans | |
(1) Two or more local planning authorities may agree to prepare a joint local | |
development plan. | |
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(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 | 5 |
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). | 10 |
(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. | 15 |
(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— | 20 |
(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. | 25 |
Miscellaneous | |
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 | 30 |
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 | 35 |
(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 | |
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 | 40 |
disregard it. | |
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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. | |
69 Guidance | |
In the exercise of any function conferred under or by virtue of this Part the local | 5 |
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 | 10 |
achieved. | |
(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. | 15 |
General | |
71 Regulations | |
(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— | 20 |
(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 | |
plans; | |
(c) requirements about the giving of notice and publicity; | 25 |
(d) requirements about inspection by the public of a plan or any other | |
document; | |
(e) requirements about consultation; | |
(f) the making of representations about any matter to be included in a local | |
development plan; | 30 |
(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 | 35 |
under this Part. | |
72 Interpretation | |
(1) Local development plan must be construed in accordance with section 56. | |
(2) Local planning authorities are— | |
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(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 |
(5) RSS must be construed in accordance with Part 1. | |
(6) This section applies for the purposes of this Part. | |
Part 7 | |
Compulsory purchase | |
Acquisition of land for development | 10 |
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; | 15 |
(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”. | 20 |
(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— | 25 |
(a) the promotion or improvement of the economic well-being of | |
their area; | |
(b) the promotion or improvement of the social well-being of their | |
area; | |
(c) the promotion or improvement of the environmental well-being | 30 |
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. | |
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