Planning (Wales) Act 2015 (anaw4)

PART 3 DEVELOPMENT PLANNING

Blighted land

10 Land affected by National Development Framework or strategic development plan

(1) Schedule 13 to TCPA 1990 (blighted land) is amended as set out in subsections (2) to (6).

(2) In paragraph 1B (land in Wales identified for the purposes of relevant public functions by a local development plan), after “local development plan” insert “or strategic development plan”.

(3) In Note (1) to that paragraph, for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In Note (2) to that paragraph—

(a) in the opening words and in paragraph (a), after “local development plan” insert “or strategic development plan”;

(b) in paragraph (b), for “a local development plan” substitute “such a plan”;

(c) in paragraph (c)—

(i) after “local development plan” insert “or strategic development plan”;

(ii) for “National Assembly” substitute “Welsh Ministers”;

(d) in paragraph (d)—

(i) for “a local development plan” substitute “such a plan”;

(ii) for “National Assembly” substitute “Welsh Ministers”.

(5) In Note (4) to that paragraph—

(a) omit “local development”;

(b) for “National Assembly”, in each place, substitute “Welsh Ministers”.

(6) After paragraph 1B insert—

“1C Land in Wales which is identified for the purposes of relevant public functions (within the meaning of paragraph 1B) by the National Development Framework for Wales.

• Notes

  (1)

  In this paragraph, the reference to the National Development Framework for Wales is a reference to—

  (a)

  the National Development Framework for Wales, or a revised Framework, which is published under sections 60 to 60C of the Planning and Compulsory Purchase Act 2004, and

  (b)

  a draft of the Framework, or of a revised Framework, which has been laid before the National Assembly for Wales under section 60B(3) of that Act.

  (2)

  This paragraph does not apply to land that falls within paragraph 1B.

  (3)

  Note (1)(b) ceases to apply in relation to a draft of a revised Framework if the Welsh Ministers lay before the National Assembly for Wales a copy of a notice that they have decided not to proceed with the revision of the Framework.”

(7) In TCPA 1990, after the cross-heading before section 165 insert—

“164A Power of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice served

Where a blight notice has been served in respect of land falling within paragraph 1C of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.”

(8) In section 170 of TCPA 1990 (“appropriate enactment” for purposes of blight provisions)⁠—

(a) in subsection (2), after “land falling within paragraph” insert “1B, 1C,”;

(b) after subsection (2) insert—

“(2A) In relation to land falling within—

(a) paragraph 1B of that Schedule by virtue of Note (2)(c) or (d) to that paragraph, or

(b) paragraph 1C of that Schedule by virtue of Note (1)(b) to that paragraph,

“the appropriate enactment” is to be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to any such plan, revision or draft as is mentioned in the Note in question.”