The Town and Country Planning (Local Development Plan) (Wales) Regulations 2005

PART 3 E+W FORM AND CONTENT OF LDP

Form and content of LDP E+W

11.—(1) An LDP must contain a—

(a) title which must—

(i) give the name of the area of the LPA for which the LDP is prepared, and

(ii) indicate that it is an LDP; and

(b) sub-title which must indicate—

(i) the date of adoption of the LDP, F1 ...

[F2 (ii) the date of the expiry of the period in relation to which the LDP has been prepared by the LPA; and

(iii) where it is an emerging LDP, the stage reached and date of its publication.]

(2) An LDP must contain a reasoned justification of the policies contained in it.

(3) Those parts of an LDP which comprise the policies of the LDP and those parts which comprise the reasoned justification required by paragraph (2) must be readily distinguishable.

Textual Amendments

F1 Word in reg. 11(b)(i) omitted (28.8.2015) by virtue of The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015 (S.I. 2015/1598), regs. 1(1), 2(7)(a) (with reg. 3)

F2 Reg. 11(b)(ii)(iii) substituted for reg. 11(b)(ii) (28.8.2015) by The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015 (S.I. 2015/1598), regs. 1(1), 2(7)(b) (with reg. 3)

Commencement Information

I1 Reg. 11 in force at 15.10.2005, see reg. 1(1)

Proposals Map E+W

12.—(1) The LDP must contain a map (“a proposals map”) of the LPA’s area and which must—

(a) show the proposals for the development and use of land in its area;

(b) be reproduced from, or based on, an Ordnance Survey map; and

(c) show National Grid lines and reference numbers.

(2) For the purposes of this regulation, a proposal is a site specific policy.

(3) Policies for any part of the LPA’s area may be illustrated on a separate map on a scale larger than a proposals map (an “inset map”).

(4) Where an inset map is included in an LDP, the area covered by the inset map must be identified on the proposals map and the policies for that area must be illustrated on that inset map only.

(5) The title (and any sub-title) of an LDP must be set out on the proposals map and on any inset map contained in the LDP, and the proposals map and any inset map must show the scale to which it has been prepared and include an explanation of any symbol or notation used in the map.

Commencement Information

I2 Reg. 12 in force at 15.10.2005, see reg. 1(1)

LDP : additional matters to which regard to be had E+W

13.—(1) The matters (additional to those specified in sections 39 and 62(5)(a) to (f)) prescribed for the purposes of section 62(5) are—

(a) any local transport plan, the policies of which affect any part of the LPA’s area;

(b) any other policies prepared under section 108(1) and (2) of the Transport Act 2000(1) which affect any part of the LPA’s area;

[F3 (c) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment F4 ...;]

[F5 (d) the need, in the long term—

(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures;

[F6 (iii) in the case of existing establishments, to facilitate and encourage operators to take all necessary measures to prevent major accidents and to limit their consequences for human health and the environment.]]

(e) the Waste Strategy for Wales;

[F7 (f) any marine plan adopted and published by the Welsh Ministers under Part 3 of the Marine and Coastal Access Act 2009 which affects any part of the LPA’s area;] and

(g) any local housing strategy, the policies of which affect any part of the LPA’s area.

(2) Expressions appearing both in paragraph (1) and in [F8 Directive 2012/18/EU] have the same meaning as in that Directive.

(3) In paragraph (1)(a), “local transport plan” has the same meaning as in section 108(3) of the Transport Act 2000.

Textual Amendments

F3 Reg. 13(1)(c) substituted (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), reg. 1(1), Sch. 5 para. 1(2)(a) (with reg. 36)

F4 Words in reg. 13(1)(c) omitted (31.12.2020) by virtue of The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 3(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 13(1)(d) substituted (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), reg. 1(1), Sch. 5 para. 1(2)(b) (with reg. 36)

F6 Reg. 13(1)(d)(iii) substituted (31.12.2020) by The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 3(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 13(f) substituted (28.8.2015) by The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015 (S.I. 2015/1598), regs. 1(1), 2(8) (with reg. 3)

F8 Words in reg. 13(2) substituted (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), reg. 1(1), Sch. 5 para. 1(2)(c) (with reg. 36)

Commencement Information

I3 Reg. 13 in force at 15.10.2005, see reg. 1(1)

[F9 13A.   Where an LPA proposes to revise its LDP and it appears to it that the issues involved are not of sufficient significance to justify undertaking the full procedure for preparing a revision to an LDP as set out in regulations 14 to 16, they may proceed in accordance with Part 4A instead of Part 4.] E+W

Textual Amendments

F9 Reg. 13A inserted (28.8.2015) by The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015 (S.I. 2015/1598), regs. 1(1), 2(9) (with reg. 3)

(1)

2000 c. 38.