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(b) they think the plan is ready for independent examination. | |
(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 |
(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 57 and 58 and of | |
regulations under section 72; | |
(b) whether it is sound. | 10 |
(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; | 15 |
(b) give reasons for the recommendations. | |
(8) The local planning authority must publish the recommendations and the | |
reasons. | |
60 Intervention by Assembly | |
(1) If the Assembly thinks that a local development plan is unsatisfactory it may at | 20 |
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 | 25 |
satisfied that they have complied with the direction. | |
(3) But subsection (2) does not apply if the Assembly withdraws the direction. | |
(4) 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. | 30 |
(5) The following paragraphs apply if the Assembly gives a direction under | |
subsection (4)— | |
(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 | 35 |
under section 59(1) the Assembly must hold an independent | |
examination and section 59(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; | 40 |
(d) the plan has no effect unless it has been approved by the Assembly. | |
(6) The Assembly must publish the recommendations made to it by virtue of | |
subsection (5)(b) or (c). | |
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(7) In considering a plan submitted under subsection (4) the Assembly may take | |
account of any matter which it thinks is relevant. | |
(8) It is immaterial whether any such matter was taken account of by the authority. | |
(9) The Assembly— | |
(a) may approve, approve subject to specified modifications or reject a | 5 |
plan submitted to it under subsection (4); | |
(b) must give reasons for its decision under paragraph (a). | |
(10) 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 58(1). | |
61 Withdrawal of local development plan | 10 |
(1) A local planning authority may at any time before a local development plan is | |
adopted under section 62 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 59 | |
unless— | 15 |
(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. | |
62 Adoption of local development plan | 20 |
(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 | 25 |
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. | 30 |
63 Revocation of local development plan | |
The Assembly may at any time revoke a local development plan at the request | |
of the local planning authority. | |
64 Review of local development plan | |
(1) A local planning authority must carry out a review of their local development | 35 |
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; | |
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(b) be published in accordance with such requirements as are prescribed. | |
65 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— | 5 |
(a) if the Assembly directs them to do so; | |
(b) if, following a review under section 64, 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. | 10 |
66 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 59(4) to (7) | 15 |
applies accordingly. | |
(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 | 20 |
(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 | 25 |
(1). | |
67 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, | 30 |
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 | 35 |
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— | 40 |
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(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 | 5 |
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; | 10 |
(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. | |
Miscellaneous | 15 |
68 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); | 20 |
(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 | |
(a)); | 25 |
(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 | |
disregard it. | 30 |
69 Urban development corporations | |
The Assembly may direct that this Part (except section 55) does not apply to the | |
area of an urban development corporation. | |
70 Guidance | |
In the exercise of any function conferred under or by virtue of this Part the local | 35 |
planning authority must have regard to any guidance issued by the Assembly. | |
71 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 | 40 |
achieved. | |
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(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. | |
General | 5 |
72 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— | |
(a) the procedure to be followed by the local planning authority in carrying | 10 |
out the appraisal under section 57(6); | |
(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 | 15 |
document; | |
(e) the nature and extent of consultation with and participation by the | |
public in anything done under this Part; | |
(f) the making of representations about any matter to be included in a local | |
development plan; | 20 |
(g) consideration of any such representations; | |
(h) the remuneration and allowances payable to the person appointed to | |
carry out an independent examination under section 59; | |
(i) the time at which anything must be done for the purposes of this Part; | |
(j) the manner of publication of any draft, report or other document | 25 |
published under this Part; | |
(k) monitoring the exercise by local planning authorities of their functions | |
under this Part. | |
73 Interpretation | |
(1) Local development plan must be construed in accordance with section 57. | 30 |
(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. | 35 |
(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 | |
Crown application of planning acts | |
Chapter 1 | |
England and Wales | |
Crown application | 5 |
74 Crown application of planning Acts | |
(1) In Part 13 of the principal Act before section 293 (preliminary definitions for | |
Part 13) there is inserted the following section— | |
“292A Application to the Crown | |
(1) This Act binds the Crown. | 10 |
(2) But subsection (1) is subject to express provision made by this Part.” | |
(2) In the listed buildings Act after section 82 there is inserted the following | |
section— | |
“82A Application to the Crown | |
(1) This Act (except the provisions specified in subsection (2)) binds the | 15 |
Crown. | |
(2) These are the provisions— | |
(a) section 9; | |
(b) section 11(6); | |
(c) section 21(7); | 20 |
(d) section 42(1), (5) and (6); | |
(e) section 43; | |
(f) section 44A; | |
(g) section 54; | |
(h) section 55; | 25 |
(i) section 59; | |
(j) section 88A. | |
(3) But subsection (2)(a) does not have effect to prohibit the doing of | |
anything by or on behalf of the Crown which falls within the | |
circumstances described in section 9(3)(a) to (d) and the doing of that | 30 |
thing does not contravene section 7.” | |
(3) In the hazardous substances Act after section 30 there are inserted the | |
following sections— | |
“30A Application to the Crown | |
(1) This Act (except the provisions specified in subsection (2)) binds the | 35 |
Crown. | |
(2) The provisions are— | |
(a) section 8(6); | |
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(b) section 23; | |
(c) section 26AA; | |
(d) section 36A; | |
(e) section 36B(2).” | |
30B Crown application: transitional | 5 |
(1) This section applies if at any time during the establishment period a | |
hazardous substance was present on, over or under Crown land. | |
(2) The appropriate authority must make a claim in the prescribed form | |
before the end of the transitional period. | |
(3) The claim must contain the prescribed information as to— | 10 |
(a) the presence of the substance during the establishment period; | |
(b) how and where the substance was kept and used. | |
(4) Unless subsection (5) or (7) applies, the hazardous substances authority | |
is deemed to have granted the hazardous substances consent claimed | |
in pursuance of subsection (2). | 15 |
(5) This subsection applies if the hazardous substances authority think that | |
a claim does not comply with subsection (3). | |
(6) If subsection (5) applies, the hazardous substances authority must, | |
before the end of the period of two weeks starting with the date they | |
received the claim— | 20 |
(a) notify the claimant that they think the claim is invalid; | |
(b) give their reasons. | |
(7) This subsection applies if at no time during the establishment period | |
was the aggregate quantity of the substance equal to or greater than the | |
controlled quantity. | 25 |
(8) Hazardous substances consent which is deemed to be granted under | |
this section is subject— | |
(a) to the condition that the maximum aggregate quantity of the | |
substance that may be present for the purposes of this | |
subsection at any one time must not exceed the established | 30 |
quantity; | |
(b) to such other conditions (if any) as are prescribed for the | |
purposes of this section and are applicable in the case of the | |
consent. | |
(9) A substance is present for the purposes of subsection (8)(a) if— | 35 |
(a) it is on, over or under land to which the claim for consent | |
relates, | |
(b) it is on, over or under other land which is within 500 metres of | |
it and is controlled by the Crown, or | |
(c) it is in or on a structure controlled by the Crown any part of | 40 |
which is within 500 metres of it, | |
and in calculating whether the established quantity is exceeded a | |
quantity of a substance which falls within more than one of paragraphs | |
(a) to (c) must be counted only once. | |
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