Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005

Title

1.  The title of this Order is the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005.

Appointed Day

2.—(1) The appointed day for the coming into force of the following provisions of the Act, namely—

(a) section 61 (survey);

(b) section 64 (independent examination);

(c) section 65 (intervention by Assembly);

(d) section 66 (withdrawal of local development plan);

(e) section 67 (adoption of local development plan);

(f) section 68 (revocation of local development plan);

(g) section 69 (review of local development plan);

(h) section 70 (revision of local development plan);

(i) section 71 (Assembly’s default power);

(j) section 74 (urban development corporations); and

(k) section 76 (annual monitoring report), in so far as it is not already in force,

is for the purpose of making regulations, 5 October 2005, and in all other respects, 15 October 2005.

(2) The appointed day for the coming into force of articles 3 to 7 of this Order is 15 October 2005.

Consequential Amendment of the Town and Country Planning Act 1990

3.—(1) The Town and Country Planning Act 1990(1) is amended as follows.

(2) Schedule 13 (blighted land) is amended as follows.

(3) After paragraph 1A insert—

“1B   Land in Wales which is identified for the purposes of relevant public functions by a local development plan for the area in which the land is situated.

Notes

(1) Relevant public functions are—

(a) the functions of the National Assembly for Wales, 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 is—

(a) a local 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 a local development 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 which has been submitted to the National Assembly for independent examination under section 64(1) of the 2004 Act;

(d) a revision of a local development plan in pursuance of section 70 of the 2004 Act if the plan has been submitted to the National Assembly 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 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 local development plan to the National Assembly for independent examination is to be taken to include the holding of an independent examination by the National Assembly under section 65 or section 71 of the 2004 Act.”

(4) In paragraph 5, for “any such functions as are mentioned in paragraph 1(a)(i) or (ii)” there is substituted “relevant public functions (within the meaning of paragraph 1A or 1B)”.

(5) In paragraph 6, for “any such functions as are mentioned in paragraph 5” there is substituted “relevant public functions (within the meaning of paragraph 1A or 1B)”.

(6) In paragraph 13, for “paragraphs 1, 2, 3 and 4” there is substituted “paragraph 1A or 1B”.

Amendment of the Planning and Compulsory Purchase Act 2004 (Commencement No. 3 and Consequential and Transitional Provisions) (Wales) Order 2005

4.  Article 4 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 3 and Consequential and Transitional Provisions) (Wales) Order 2005(2) is, on the day appointed by article 2(2), revoked.

Transitional Provisions

5.—(1) The Town and Country Planning (Development Plan) Regulations 1991(3) (“the 1991 Regulations”) are, on the day appointed by article 2(2), revoked.

(2) Paragraph (1) does not have effect in relation to the area of any local planning authority named in the Schedule to this Order.

6.  Where a local planning authority mentioned in the Schedule resolves its intention to conclude the exercise of its powers under the 1991 Regulations, it must, within—

(a) 3 weeks, inform the National Assembly in writing of—

(i) that resolution; and

(ii) the current development plan status for its area; and

(b) 4 weeks, publish on its website the information required by paragraph (a).

Savings

7.—(1) The repeal(4) of paragraphs 1 to 4 of Schedule 13 to the principal Act does not affect anything which is required or permitted to be done for the purposes of Chapter 2 of Part 6 of the principal Act during any time when a plan mentioned in any of those paragraphs continues to form part of the development plan by virtue of article 5(2) of this order.

(2) References to a plan mentioned in any of paragraphs 1 to 4 include any proposal for the alteration or replacement of the plan.

(3) The development plan is the development plan for the purposes of section 27A or 54 of the principal Act.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

D. Elis-Thomas

The Presiding Officer of the National Assembly

4 October 2005