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Version Superseded: 04/12/2020
Point in time view as at 16/03/2016.
Town and Country Planning Act 1990, Paragraph 1B is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F11BE+WLand in Wales which is identified for the purposes of relevant public functions by a local development plan [F2or strategic development plan] for the area in which the land is situated.
(1)Relevant public functions are—
(a)the functions of the [F3National Assembly for Wales] [F3Welsh Ministers], a government department, local authority, National Park authority or statutory undertakers;
(b)the establishment or running by a public telecommunications operator of a telecommunications system.
(2)For the purposes of this paragraph a local development plan [F4or strategic development plan] is—
(a)a local development plan [F4or strategic development plan] which is adopted or approved for the purposes of Part 6 of the Planning and Compulsory Act 2004 (in this paragraph, the 2004 Act);
(b)a revision of [F5a local development plan] [F5such a plan] in pursuance of section 70 of the 2004 Act which is adopted or approved for purposes of Part 6 of the 2004 Act;
(c)a local development plan [F6or strategic development plan] which has been submitted to the [F7National Assembly] [F7Welsh Ministers] for independent examination under section 64(1) of the 2004 Act;
(d)a revision of [F8a local development plan] [F8such a plan] in pursuance of section 70 of the 2004 Act if the plan has been submitted to the [F9National Assembly] [F9Welsh Ministers] for independent examination under section 64(1) of that Act.
(3)But Note (2)(c) and (d) does not apply if the plan is withdrawn under section 66 [F10or 66A] of the 2004 Act at any time after it has been submitted for independent examination.
(4)In Note (2)(c) and (d) the submission of a [F11local development] plan to the [F12National Assembly] [F12Welsh Ministers] for independent examination is to be taken to include the holding of an independent examination by the [F12National Assembly] [F12Welsh Ministers] under section 65 or section 71 of the 2004 Act.]
Textual Amendments
F1Sch. 13 para. 1B inserted (5.10.2005) by Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(3) (with art. 7)
F2Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(2), 58(2)(b)(4)(b)
F3Words in Sch. 13 para. 1B Note 1 substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(3), 58(2)(b)(4)(b)
F4Words in Sch. 13 para. 1B Note 2 inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(a), 58(2)(b)(4)(b)
F5Words in Sch. 13 para. 1B Note 2 substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(b), 58(2)(b)(4)(b)
F6Words in Sch. 13 para. 1B Note 2 inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(c)(i), 58(2)(b)(4)(b)
F7Words in Sch. 13 para. 1B Note 2 substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(c)(ii), 58(2)(b)(4)(b)
F8Words in Sch. 13 para. 1B Note 2 substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(d)(i), 58(2)(b)(4)(b)
F9Words in Sch. 13 para. 1B Note 2 substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(d)(ii), 58(2)(b)(4)(b)
F10Words in Sch. 13 para. 1B Note 3 inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 15
F11Words in Sch. 13 para. 1B Note 4 omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 10(5)(a), 58(2)(b)(4)(b)
F12Words in Sch. 13 para. 1B Note 4 substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(5)(b), 58(2)(b)(4)(b)
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