The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015

Transitional and saving provision

3.—(1) If an LPA has received a site allocation representation under regulation 18 of the 2005 Regulations but has not complied with any part of regulation 20 of the 2005 Regulations (handling of representations: site allocation representations) before 28 August 2015, regulation 19(2) of the 2005 Regulations applies to those site allocation representations.

(2) If an LPA has complied with any part of regulation 20 of the 2005 Regulations (handling of representations: site allocation representations) before 28 August 2015, in relation to the preparation or revision of an LDP, the amendment made by regulation 2(16) (removal of site allocation representations stage) does not apply to the preparation of that LDP and the LPA must comply with regulations 20 and 21 of the 2005 Regulations.

(3) If an LPA has complied with regulation 14 of the 2005 Regulations (pre-deposit public consultation) before 28 August 2015, in relation to the preparation or revision of an LDP, it may decide to proceed under Part 4A of the 2005 Regulations and it may omit the steps required by regulation 26A(1) and (2).

(4) If an LPA decides to proceed in accordance with paragraph (3)—

(a) regulation 26A(3) applies as if the reference to representations made in accordance with paragraph 1 were to representations made in response to steps taken under regulation 14; and

(b) regulation 26A(4) applies as if the reference to representations made under regulation 26A were to representations made in response to steps taken under regulation 14.

(5) If, before the commencement of these Regulations, the LPA has submitted a review report to the Welsh Ministers in connection with a proposed revision to its LDP—

(a) it is treated as if it had complied with the requirements of regulation 41(5) and (6) of the 2005 Regulations; and

(b) if it has not already done so, it must comply with regulation 41(7) as soon as reasonably practicable, as if the review report had been approved by resolution of the LPA in accordance with paragraph (5) or (6) of regulation 41 of the 2005 Regulations.