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The Town and Country Planning (Local Development Plan) (Wales) Regulations 2005

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PART 4E+WLDP PROCEDURE

Pre-deposit participationE+W

14.— [F1(1)]  Before an LPA complies with regulation 15, it must, for the purpose of generating alternative strategies and options, engage—

(a)each of the specific consultation bodies to the extent that the LPA thinks that the proposed subject matter of the LDP affects those bodies; and

(b)such of the general consultation bodies as the LPA considers appropriate.

[F2(2) Before an LPA complies with regulation 15, it must request nominations for sites proposed to be included in the LDP.

(3) The LPA must—

(a)publish the request for nominations on its website and by such other means as it considers appropriate; and

(b)state in its request the date by which such nominations must be received by the LPA.

(4) The LPA must prepare a list of all the sites nominated.

(5) The LPA must consider any sites nominated before determining the content of the LDP deposited in accordance with regulation 17.]

Textual Amendments

Commencement Information

I1Reg. 14 in force at 15.10.2005, see reg. 1(1)

Pre-deposit public consultationE+W

15.  Before an LPA finally determines the content of a deposit LDP in accordance with regulation 17, it must—

(a)make copies of the pre-deposit proposals documents and a statement of the pre-deposit matters available for inspection during normal office hours at—

(i)its principal office, and

(ii)such other places within its area as the LPA considers appropriate;

(b)publish on its website—

(i)the pre-deposit proposals documents,

(ii)the pre-deposit matters,

(iii)a statement of the fact that the pre-deposit proposals documents are available for inspection and the places and times at which they can be inspected;

(c)send to those bodies identified under regulation 14(a) and (b)—

(i)the LPA’s pre-deposit proposals documents,

(ii)such supporting documents as are relevant to the body to which the documents are being sent,

(iii)notice of the pre-deposit matters,

(iv)the statement in paragraph (b)(iii); F3...

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Reg. 15 in force at 15.10.2005, see reg. 1(1)

Public Consultation RepresentationsE+W

16.—(1) Any person may make representations about an LPA’s pre-deposit proposals documents.

(2) Any such representations must be—

(a)made within a period of 6 weeks starting on the day the LPA complies with regulation 15(a), (c) and (d); and

(b)sent to the address and the person (if any) specified, pursuant to regulation 15(d).

(3) An LPA must consider any representations made in accordance with paragraph (2) before finally determining the content of the LDP proposals to be made available under regulation 17.

Commencement Information

I3Reg. 16 in force at 15.10.2005, see reg. 1(1)

[F5Initial consultation reportE+W

16A.  The LPA must prepare a report which must set out—

(a)which bodies it has engaged, notified or consulted pursuant to regulations 14 and 15;

(b)a summary of the main issues raised in, and responses from, those engagements, notifications and consultations;

(c)in relation to the LDP to be deposited in accordance with regulation 17—

(i)how those main issues have been addressed; and

(ii)the extent to which those responses have been addressed;

(d)the total number of representations received pursuant to regulation 16; and

(e)any deviation from the community involvement scheme.]

Textual Amendments

Deposit of ProposalsE+W

17.  The LPA must—

(a)make copies of the LDP documents, and a statement of the [F6deposit matters], available for inspection during normal office hours at the places at which the pre-deposit proposals documents were made available under regulation 15(a);

(b)publish on its website—

(i)the LDP documents,

(ii)the deposit matters, and

(iii)a statement of the fact that the LDP documents are available for inspection and of the places and times at which they can be inspected;

(c)send to each of the bodies identified at regulation 14(a) and (b), copies of—

(i)the deposit LDP,

(ii)the sustainability appraisal report,

(iii)the initial consultation report,

(iv)a list of such of the supporting documents as in the opinion of the LPA are relevant to the preparation of the LDP,

(v)notice of the deposit matters, and

(vi)the statement referred to in paragraph (b)(iii); F7...

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 17 in force at 15.10.2005, see reg. 1(1)

Representations on deposit proposals of LDPsE+W

[F918.  A person may make representations about an LDP by sending them to the address and person (if any) specified in the deposit matters, within the period of 6 weeks, starting on the day on which the LPA has complied with regulation 17(a) and (c).]

Textual Amendments

Commencement Information

I5Reg. 18 in force at 15.10.2005, see reg. 1(1)

Handling of representations: depositE+W

19.—F10(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) As soon as reasonably practicable after an LPA has received a representation on an LDP under regulation 18, it must—

(a)make a copy of the representation available at the places at which the pre-deposit proposals documents were made available under regulation 15(a);

(b)where practicable, publish on its website details of all representations received together with a statement of how they can be inspected in accordance with regulation 15(a).

(3) An LPA need not comply with paragraph (2) if the representation is made after the period specified in regulation 18.

Textual Amendments

Commencement Information

I6Reg. 19 in force at 15.10.2005, see reg. 1(1)

Handling of representations : site allocation representationsE+W

F1120.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Representations on a site allocation representationE+W

F1221.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I7Reg. 21 in force at 15.10.2005, see reg. 1(1)

Submission of LDP to the National AssemblyE+W

22.—(1) An LPA must not submit the LDP to the National Assembly unless and until it has considered any representations made under [F13regulation 18].

(2) The documents prescribed for the purposes of section 64(3) are—

(a)the sustainability appraisal report;

(b)the community involvement scheme;

(c)a consultation report setting out—

(i)which of the bodies they have engaged or consulted pursuant to [F14regulations 14, 15 and 17],

(ii)a summary of the main issues raised in those engagements, consultations and representations,

(iii)[F15in respect of the main issues raised under regulation 16,] how those main issues have been addressed in the LDP,

(iv)the total number of representations received pursuant to each of [F16regulations 16 and 18],

(v)its recommendations as to how it considers the main issues raised in the representations received pursuant to [F17regulation 18] should be addressed in the LDP,

(vi)its recommendations as to how it considers each of the representations received pursuant to [F18regulation 18] should be addressed in the LDP, and

(vii)any deviation from the community involvement scheme;

[F19(ca)any relevant review report;

(cb)any candidate sites register;]

(d)a copy of the representations received pursuant to [F20regulation 18]; and

(e)such supporting documents as the LPA considers relevant to the preparation of the LDP.

(3) Of the documents referred to in paragraph (2)(a) to (c) and (e)—

(a)four copies of each must be sent in paper form, and

(b)one copy must be sent electronically, provided that, in the case of documents mentioned or referred to in paragraph (2)(e), it would be practicable to do so.

(4) Of the documents referred to in paragraph (2)(d), one copy of each must be sent in paper form.

(5) The LPA must—

(a)publish a statement on its website that the LDP has been submitted for examination under section 64(1);

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)make available for inspection during normal office hours at the places at which the pre-deposit proposals documents were made available under regulation 15(a) the documents referred to in paragraph (2)(c) and (e);

(d)publish the documents referred to at paragraph (2)(c) and, if practicable, (2)(e) on its website;

(e)give notice to those persons who requested notification when the LDP is submitted to the National Assembly, that it has been so submitted.

Textual Amendments

Commencement Information

I8Reg. 22 in force at 15.10.2005, see reg. 1(1)

Independent examinationE+W

23.—(1) At least six weeks [F22before the start of the first hearing under section 64(6),] the LPA must—

(a)publish the matters referred to in paragraph (2) on its website;

(b)notify any person who has made (and not withdrawn) a representation in accordance with regulation 18 [F23of those matters.]

F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The matters referred to in paragraph (1) are the—

(a)time and place at which the [F25hearing] is to be held; and

(b)name of the person appointed to carry out the examination.

(3) Before the person appointed to carry out the examination complies with section 64(7), that person must consider any representations made in accordance with [F26regulation 18].

Textual Amendments

Commencement Information

I9Reg. 23 in force at 15.10.2005, see reg. 1(1)

Publication of the recommendations of the person appointedE+W

24.—(1) The LPA must comply with section 64(8)—

(a)on or before the day on which the LDP is adopted; or

(b)if the National Assembly gives a direction under section 65(1) or (4) after the person appointed has complied with section 64(7), as soon as reasonably practicable after receipt of the direction.

(2) When the LPA complies with section 64(8), it must—

(a)make the recommendations of the person appointed, and the reasons given for those recommendations, available for inspection during normal office hours at the places at which the pre-deposit proposals documents were made available under regulation 15;

(b)publish the recommendations and reasons on its website; and

(c)give notice to those persons who asked to be notified of the publication of the recommendations of the person appointed that they have been so published.

Commencement Information

I10Reg. 24 in force at 15.10.2005, see reg. 1(1)

Adoption of an LDPE+W

25.—(1) The LPA must adopt the LDP within eight weeks of receipt of the recommendations and reasons given by the person appointed to carry out the examination unless otherwise agreed in writing by the National Assembly.

(2) [F27As soon as reasonably practicable after the LPA adopts an LDP, it must—]

(a)make available for inspection during normal office hours at the places at which the pre-deposit proposals documents were made available under regulation 15—

(i)the LDP,

(ii)an adoption statement, and

(iii)the sustainability appraisal report;

(b)publish the adoption statement on its website;

F28(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)send the adoption statement to any person who has asked to be notified of the adoption of the LDP; and

(e)send four copies of the LDP and the adoption statement to the National Assembly.

[F29(3) Where an LDP is adopted by resolution of the LPA or is approved by the Welsh Ministers under section 65 or 71, it supersedes any existing LDP which ceases to have effect.]

Textual Amendments

Commencement Information

I11Reg. 25 in force at 15.10.2005, see reg. 1(1)

[F30Adoption of revisions to LDPE+W

25A.—(1) The LPA may adopt a revised LDP, with revisions as originally prepared, if the person appointed to carry out the independent examination under section 64(4) so recommends.

(2) The LPA may adopt a revised LDP with modified revisions if the person appointed to carry out the independent examination under section 64(4) so recommends.]

Textual Amendments

Withdrawal of an LDPE+W

26.  As soon as reasonably practicable after an LDP is withdrawn under section 66, the LPA must—

(a)publish a statement of that fact on its website;

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)notify any body to which notification was given under regulation 15(c) of that fact; and

(d)remove any copies, documents, matters and statements made available or published under regulations 15(a) and (b), 17(a) and (b), 19(2)(a) and (b)F32...; and

(e)notify any person who has made (and not withdrawn) a representation in accordance with [F33regulation 18] of this fact.

Textual Amendments

Commencement Information

I12Reg. 26 in force at 15.10.2005, see reg. 1(1)

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