|
| |
|
(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 |
| |
| |
(a) | whether it satisfies the requirements of sections 57 and 58 and of |
| |
regulations under section 72; |
| |
| 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 |
| |
| |
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. |
| |
| |
(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 |
| |
| 30 |
(5) | 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 |
| 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). |
| |
|
| |
|
| |
|
(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. |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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. |
| |
| |
(a) | be in such form as is prescribed; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(3) | This Part applies to the revision of a local development plan as it applies to the |
| |
| 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 |
| |
(3) | The Assembly must publish the recommendations and reasons of the person |
| |
appointed to hold the examination. |
| |
| |
(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 |
| |
67 | 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, |
| 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 |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| 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 |
| |
| 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 |
| |
| 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. |
| |
| |
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 |
| |
|
| |
|
| |
|
(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. |
| |
| 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 |
| 10 |
out the appraisal under section 57(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 |
| 15 |
| |
(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 |
| |
| 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 |
| |
| |
| |
(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. |
| |
|
| |
|
| |
|
| |
Crown application of planning acts |
| |
| |
| |
| 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 |
| |
| |
| “82A Application to the Crown |
| |
(1) | This Act (except the provisions specified in subsection (2)) binds the |
| 15 |
| |
(2) | These are the provisions— |
| |
| |
| |
| 20 |
(d) | section 42(1), (5) and (6); |
| |
| |
| |
| |
| 25 |
| |
| |
(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 |
| |
| |
| “30A Application to the Crown |
| |
(1) | This Act (except the provisions specified in subsection (2)) binds the |
| 35 |
| |
| |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| 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 |
| |
| 20 |
(a) | notify the claimant that they think the claim is invalid; |
| |
| |
(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 |
| |
| 25 |
(8) | Hazardous substances consent which is deemed to be granted under |
| |
| |
(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 |
| |
(b) | to such other conditions (if any) as are prescribed for the |
| |
purposes of this section and are applicable in the case of the |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|