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

Made: 26 April 2005

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 121(5) and 122(3)(b) of the Planning and Compulsory Purchase Act 2004 (“the Act”)[^f00001], hereby makes the following Order:

Title

1

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

Appointed day

2

The appointed day for the coming into force of the following provisions of the Act, namely—

• (a) section 62 (local development plan), insofar as it is not already in force;

• (b) section 63 (preparation requirements), insofar as it is not already in force;

• (c) section 72 (joint local development plans); and

• (d) section 73 (exclusion of certain representations),

is 30 April 2005.

Consequential provisions

3

On the day appointed by article 2, the following provisions of the Town and Country Planning Act 1990 (“the 1990 Act”)[^f00002] cease to have effect in relation to Wales—

• (a) section 12 (preparation of unitary development plan);

• (b) section 21 (alteration or replacement of unitary development plan); and

• (c) section 23B (unitary development plans for National Parks in Wales).

Transitional provisions

4

In relation to the local planning authorities listed in the Schedule to this Order and to their areas,—

• (a) the provisions of the Act brought into force by article 2 do not apply; and

• (b) the provisions of the 1990 Act which cease to have effect under article 3 continue in force.

SCHEDULE

• Blaenau Gwent County Borough Council

• Brecon Beacons National Park Authority

• Bridgend County Borough Council

• Carmarthenshire County Council

• Ceredigion County Council

• Flintshire County Council

• Gwynedd County Council

• Isle of Anglesey County Council

• Monmouthshire County Council

• Neath Port Talbot County Borough Council

• Newport City Council

• Pembrokeshire County Council

• Pembrokeshire Coast National Park Authority

• Powys County Council

• The Council of the City and County of Swansea

• Vale of Glamorgan County Borough Council

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00003].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 26 April 2005

Explanatory note

(This note is not part of the Order)

This Order brings certain further provisions of Part 6 of the Planning and Compulsory Purchase Act 2004 (“the Act”) into force on 30 April 2005, namely sections 62 and 63 (insofar as they have not already been brought into force), 72 and 73 of the Act.

Part 6 of the Act (sections 60 to 78) applies only to Wales and establishes a system of local development plans (“plans”) in place of the unitary development plans required under Chapter I of Part II of the Town and Country Planning Act 1990 (“the 1990 Act”).

The effect of the Order will be to enable those local planning authorities which have expressed a wish to commence work on the preparation of their plans to do so. The authorities in question are —

• Caerphilly County Borough Council

• The Council of the City and County of Cardiff

• Conwy County Borough Council

• Denbighshire County Council

• Merthyr Tydfil County Borough Council

• Rhondda Cynon Taf County Borough Council

• Snowdonia National Park Authority

• Torfaen County Borough Council

• Wrexham County Borough Council

In relation to the remaining local planning authorities in Wales (i.e. those specified in the Schedule to this Order) the existing provisions of the 1990 Act will continue to apply for the time being.

Footnotes

[^f00001]: 2004 c. 5.

[^f00002]: 1990 c. 8.

[^f00003]: 1998 c. 38.