Local Government (Wales) Act 1994

19 Joint and special planning boards in Wales. E+W

(1) In section 2 of the planning Act (joint planning boards), after subsection (1) insert—

“(1A) Subsection (1) does not apply in relation to Wales.

(1B) If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

(a) constitute those areas or parts as a united district for the purposes of this Act; and

(b) constitute a joint board as the local planning authority for that united district.

(1C) A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.”

(2) In Schedule 17 to the 1972 Act (National Parks), after paragraph 3 insert—

“3A (1) Where a National Park is wholly comprised in one planning area in Wales, the Secretary of State may by order constitute a special planning board to discharge, as respects the area of the Park, the functions to which this Part of this Schedule applies.

(2) Any enactment relating to joint planning boards constituted by an order under section 2 of the M1 Town and Country Planning Act 1990 shall apply in relation to a special planning board constituted under this paragraph as it applies in relation to a joint planning board constituted under subsection (1B) of that section, but as if—

(a) the area of the National Park were a united district; and

(b) any reference (however expressed) to the constituent councils of the joint board (or which is to be construed as such a reference) were a reference to the council of the principal area in question.

3B A board reconstituted under paragraph 3 above or constituted under paragraph 3A above shall be known as “a special planning board”.”

(3) Section 2(2) of the planning Act (local inquiry to be held in the absence of consent of councils concerned) shall not apply to the making of any order—

(a) under section 2(1B) of that Act, where the united district constituted by the order comprises or includes the whole or any part of the area of a National Park; or

(b) under paragraph 3A of Schedule 17 to the 1972 Act,

if the board constituted by the order is to come into existence before 31st March 1997.

(4) In section 2 of the planning Act—

(a) in subsection (1), omit the words “(in this Act referred to as a “joint planning board”)”;

(b) in subsection (2), for the words “such an order” substitute “ an order under subsection (1) or (1B) ”;

(c) in subsection (3), after “county” insert “ or county borough ” (in both places); and

(d) in subsection (4), after “(1)” insert “ or (1B) ”.

Marginal Citations

M1 1990 c. 8.