Version Superseded: 01/04/2016
Point in time view as at 01/04/2010. This version of this provision has been superseded.
Planning and Compulsory Purchase Act 2004, Section 39 is up to date with all changes known to be in force on or before 01 March 2025. 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.
(1)This section applies to any person who or body which exercises any function—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)under Part 2[F2 of this Act ] in relation to local development documents;
(c)under Part 6[F3 of this Act ] in relation to the Wales Spatial Plan or a local development plan.
(2)The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.
[F4(2A)For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.]
(3)For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by—
(a)the Secretary of State for the purposes of [F5 subsection (1)(b) ];
(b)the National Assembly for Wales for the purposes of subsection (1)(c).
Textual Amendments
F1S. 39(1)(a) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5)(5), Sch. 5 para. 18(2)(a), 7 Pt. 4; S.I. 2009/3318, art. 4(gg)(ii)
F2Words in s. 39(1)(b) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 18(2)(b); S.I. 2009/3318, art. 4(gg)
F3Words in s. 39(1)(c) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 18(2)(c); S.I. 2009/3318, art. 4(gg)
F4S. 39(2A) inserted (6.4.2009 for E.) by Planning Act 2008 (c. 29), ss. 183, 241(3), (4) (with s. 226); S.I. 2009/400, art. 5(a)
F5Words in s. 39(3) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 18(3); S.I. 2009/3318, art. 4(gg)
Commencement Information
I1S. 39 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(d)
I2S. 39 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(b)
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