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

[F1 PART 4A E+W Short form procedure for revisions not of sufficient significance

Textual Amendments

F1 Pt. 4A inserted (28.8.2015) by The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015 (S.I. 2015/1598), regs. 1(1), 2(22) (with reg. 3)

Pre-deposit requirements E+W

26A.— (1) Before the LPA complies with regulation 26B (deposit of proposed revision), it must, for the purpose of determining the scope of the proposed revision and of generating alternative options—

(a) notify each of the bodies or persons specified in paragraph (2) of the subject of the revision to the LDP which the LPA proposes to prepare and of the review report; and

(b) invite each of them to make representations to the LPA about what a revision should include.

(2) The bodies or persons referred to in paragraph (1) are—

(a) such of the specific consultation bodies as the LPA considers may have an interest in the proposed revision; and

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

(3) An LPA must consider any representations made in accordance with paragraph (1) before finally determining the content of the proposed revision to be made available under regulation 26B.

(4) The LPA must prepare a report of what it has done pursuant to paragraph (1).

(5) Regulation 16A applies to that report as if—

(a) references to regulations 14, 15 or 16 were to this regulation; and

(b) references to the LDP deposited in accordance with regulation 17, were to the proposed revision deposited in accordance with regulation 26B.

(6) Before the LPA complies with regulation 26B, if the proposed revision includes land identified for development, it must request nominations for sites proposed to be included in the proposed revision.

(7) 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.

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

(9) The LPA must consider any sites nominated before determining the content of the revision deposited in accordance with regulation 26B.

Deposit of proposed revision E+W

26B.   The LPA must—

(a) make copies of the LDP documents, and a statement of the 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 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; and

(c) send to each of the bodies identified under regulation 26A(2), copies of—

(i) the deposit LDP revision;

(ii) the sustainability appraisal report;

(iii) the initial consultation report;

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

(v) notice of the deposit matters; and

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

Representations on deposit proposals of revision to LDPs E+W

26C.   A person may make representations about a proposed revision to an LDP by sending them—

(a) to the address and person (if any) specified in the deposit matters,

(b) within the period of 6 weeks, starting on the day on which the LPA has complied with regulation 26B(a) and (c).

Handling of representations: deposit of revision E+W

26D.— (1) As soon as reasonably practicable after the LPA has received a representation on a proposed revision to an LDP under regulation 26C, it must—

(a) make a copy of the representation available at the places at which the LDP documents were made available under regulation 26B(a);

(b) where practicable, publish on its website details of all representations received together with a statement that the representations are available for inspection at the places referred to in regulation 26B(a).

(2) An LPA need not comply with paragraph (1) if the representation is made after the period specified in regulation 26C.

Application of regulations 22 to 26 (Submission, independent examination, publication of recommendations, adoption and withdrawal) E+W

26E.— (1) Regulations 22 to 26 apply to a revision which proceeds in accordance with this Part as they would to the preparation of an LDP, but read in accordance with the following provisions.

(2) References—

(a) to regulations 14, 15 or 16 are to be read as references to regulation 26A;

(b) to regulation 17, are to be read as references to regulation 26B;

(c) to regulation 18 are to be read as references to regulation 26C; and

(d) to the LDP are to be read as references to the LDP revision, except in regulation 25;

(e) in regulation 22(2)(c)(i), the reference to “consulted” is to be read as a reference to “notified”;

(f) in regulations 22(5)(c), 24(2)(a) and 25(2)(a) to the places at which the pre-deposit proposals documents were made available under regulation 15 are to be read as references to the places at which the LDP documents were made available under regulation 26B(a); and

(g) in regulation 26 to—

(i) regulation 15(c) are to be read as a reference to regulation 26A(1);

(ii) regulation 17(a) and (b) are to be read as a reference to regulation 26B(1)(a) and (b);

(iii) regulation 19(2)(a) and (b) are to be read as references to 26D(1)(a) and (b).]