- Latest available (Revised)
- Point in Time (21/05/2016)
- Original (As enacted)
Version Superseded: 04/12/2020
Point in time view as at 21/05/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Planning and Compulsory Purchase Act 2004, Section 62 is up to date with all changes known to be in force on or before 31 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The local planning authority must prepare a plan for their area to be known as a local development plan.
(2)The plan must set out—
(a)the authority’s objectives in relation to the development and use of land in their area;
(b)their general policies for the implementation of those objectives.
(3)The plan may also set out specific policies in relation to any part of the area of the authority.
[F1(3A)The plan must be in general conformity with—
(a)the National Development Framework for Wales, and
(b)the strategic development plan for any strategic planning area that includes all or part of the area of the authority.]
[F2(3B)The plan must specify the period for which it is to have effect.]
(4)Regulations under this section may [F3—
(a)make provision about the period that may be specified under subsection (3B);
(b)]prescribe the form and content of the plan.
(5)In preparing a local development plan the authority must have regard to—
(a)current national policies;
(b)[F4the Wales Spatial Plan;]
[F4the National Development Framework for Wales;
(ba)the strategic development plan for any strategic planning area that—
(i)includes all or part of the area of the authority, or
(ii)adjoins that area;]
[F5(bb)any area statement published under section 11 of the Environment (Wales) Act 2016 for an area that includes all or part of the area of the authority;]
(c)the RSS for any region which adjoins the area of the authority;
[F6(d)any relevant [F7local well-being plan];]
(f)the resources likely to be available for implementing the plan;
(g)such other matters as the Assembly prescribes.
(6)The authority must also—
(a)carry out an appraisal of the sustainability of the plan;
(b)prepare a report of the findings of the appraisal.
[F8(6A)The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area of the authority.]
[F9(7)A local well-being plan is relevant if it has been published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by—
(a)in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member;
(b)in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area.]
(8)A plan is a local development plan only in so far as it—
(a)is adopted by resolution of the local planning authority as a local development plan;
(b)is approved by the Assembly under section 65 or 71.
[F10(9)A plan ceases to be a local development plan on the expiry of the period specified under subsection (3B).]
Textual Amendments
F1S. 62(3A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 7(1), 58(2)(b)(4)(b)
F2S. 62(3B) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 12(2), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(b)
F3Words in s. 62(4) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 12(3), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(b)
F4S. 62(5)(b)(ba) substituted for s. 62(5)(b) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 25
F5S. 62(5)(bb) inserted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 8(3)
F6S. 62(5)(d) substituted for s. 62(5)(d)(e) (1.1.2010) by Local Government (Wales) Measure 2009 (nawm 2), s. 53(2), Sch. 2 para. 5 (with Sch. 3 paras. 3-9); S.I. 2009/3272, art. 2, Sch. 1
F7Words in s. 62(5)(d) substituted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 9; S.I. 2016/86, art. 3
F8S. 62(6A) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 11(3), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(a) (with art. 6)
F9S. 62(7) substituted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 10; S.I. 2016/86, art. 3
F10S. 62(9) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 12(4), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(b)
Modifications etc. (not altering text)
C1S. 62(2)(b) modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 39(1)(b) (with reg. 125)
Commencement Information
I1S. 62(1)-(3)(5)(a)-(f)(6)-(8) in force at 30.4.2005 by S.I. 2005/1229, art. 2(a) (with art. 4, Sch.) (which transitional provisions in art. 4 are revoked (15.10.2005) by S.I. 2005/2722, art. 4)
I2S. 62(4)(5)(g) in force at 1.8.2004 by S.I. 2004/1813, art. 2(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: