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

Made: 11 October 2005

Coming into force: 15 October 2005

The National Assembly of Wales (“the National Assembly”), in exercise of the powers conferred upon it by sections 62(4) and (5)(g), 63(3)(a), 63(7), 64(3), 69, 72(7), 76(2) and (3) and 77 of the Planning and Compulsory Purchase Act 2004 (“the Act”)[^f00001] and paragraph 5(2) of Schedule 4A to the Town and Country Planning Act 1990[^f00002] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

PART 1 — GENERAL

Title, commencement and application

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• (1) These Regulations may be called the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 and come into force on 15 October 2005.

• (2) These Regulations apply in relation to Wales.

Interpretation

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• (1) In these Regulations—

• “address”, (“cyfeiriad”) in relation to electronic communications, means any number or address used for the purposes of such communications;

• “adoption statement” (“datganiad mabwysiadu”) means a statement—of the date on which an LDP is adopted;that a person aggrieved by the LDP may make an application to the High Court under section 113; andof the grounds on, and the time within which such an application may be made;

• ...

• “candidate sites register” (“cofrestr y safleoedd ymgeisiol”) means the list of sites prepared in accordance with regulation 14(4) or 26A(8);

• “decision statement” (“datganiad penderfynu”) means—a statement that the National Assembly has decided to approve, approve subject to modifications, or reject an LDP (as the case may be);where the National Assembly decides to approve an LDP, or to approve an LDP subject to modifications, a statement—of the date on which the LDP is adopted,that a person aggrieved by the LDP may make an application to the High Court under section 113, andof the grounds on, and the time within which such an application may be made;

• “delivery agreement” (“cytundeb cyflawni”) means the agreed community involvement scheme together with the agreed timetable referred to in section 63(1);

• “deposit matters” (“materion adneuo”) means—the title of the LDP;the period within which representations about the LDP must be made in accordance with regulation 18 or 26C;the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 18 or 26C, as the case may be;a statement that representations may be accompanied by a request to be notified at a specified address of the publication of the recommendations of the person appointed to carry out an examination under section 64 or the adoption of the LDP or both;

• “disabled person” (“person anabl”) has the meaning given by section 1(2) of the Disability Discrimination Act 1995[^f00003];

• “electronic communication” (“cyfathrebiad electronig”) has the meaning given by section 15(1) of the Electronic Communications Act 2000[^f00004];

• “electronic communications apparatus” (“offer cyfathrebu electronig”) has the meaning given by paragraph 5 of the electronic communications code[^f00005];

• “electronic communications code” (“cod cyfathrebu electronig”) has the same meaning as in section 106(1) of the Communications Act 2003[^f00006];

• “emerging LDP” (“CDLl sydd wrthi’n ymddangos”) means—a document proposed as an LDP, made available pursuant to regulations 15, 17 or 22(1);a document proposed as a revision of an LDP made available pursuant to regulations 15, 17, 22(1) or 26B,in either case which has not been adopted either by the LPA under section 67, or approved by the Welsh Minsters under section 65 or 71(4);

• “general consultation bodies” (“cyrff ymgynghori cyffredinol”) means—voluntary bodies, some or all of whose activities benefit any part of the LPA’s area;bodies which represent the interests of different racial, ethnic or national groups in the LPA’s area;bodies which represent the interests of different religious groups in the LPA’s area;bodies which represent the interests of disabled persons in the LPA’s area;bodies which represent the interests of persons carrying on business in the LPA’s area; andbodies which represent the interests of Welsh culture in the LPA’s area;

• “initial consultation report” (“adroddiad ymgynghori cychwynnol”) means the report of the LPA prepared pursuant to regulations 14 to 16A or regulation 26A(4), whichever is required;

• “inspection” (“arolygu”) means inspection by the public;

• “LDP” (“CDLl”) means a local development plan;

• “LDP documents” (“dogfennau CDLl”) means—the deposit LDP;the sustainability appraisal report;the initial consultation report;such supporting documents as in the opinion of the LPA are relevant to the preparation of the LDP; any relevant review report; any candidate sites register

• “LPA” (“ACLl”) means the local planning authority;

• “National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “Ordnance Survey map” (“map yr Arolwg Ordnans”) means a map produced by Ordnance Survey or a map on a similar base at a registered scale;

• “person appointed” (“person a benodwyd”) means a person appointed by the National Assembly under section 64(4) to carry out an independent examination;

• “pre-deposit proposals documents” (“dogfennau cynigion cyn-adneuo”) means the LPA’s preferred strategy, options and proposals for the LDP and the implications of these, with earlier alternatives and implications made explicit the candidate sites register and any review report, , together with such supporting documents as in the opinion of the LPA are relevant to those documents;

• “pre-deposit matters” (“materion cyn-adneuo”) means—the title of the LDP;the period within which representations on the proposals may be made in accordance with regulation 16(2)(a);the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 16(2)(b);a statement that any representations may be accompanied by a request to be notified at a specified address that the LDP has been submitted to the National Assembly for independent examination under section 64 and of the adoption of the LDP;

• “relevant authority” (“awdurdod perthnasol”) means—an LPA;a community council;

• “review report” (“adroddiad adolygu”) means a report prepared pursuant to section 69 or regulation 41(4).

• ...

• ...

• “specific consultation bodies” (“cyrff ymgynghori penodol”) means the bodies specified or described in paragraphs (a) to (g) of this definition; the Natural Resources Body for Wales ,Network Rail Infrastructure Limited;...insofar as the Secretary of State exercises functions previously exercisable by the Strategic Rail Authority, the Secretary of State,the National Assembly,a relevant authority any part of whose area is in or adjoins the area of the LPA,any person—to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003, andwho owns or controls electronic communications apparatus situated in any part of the area of the LPA (where known),if it exercises functions in any part of the LPA’s area—a Local Health Board[^f00009],a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989[^f00010],a person to whom a licence has been granted under section 7(2) of the Gas Act 1986[^f00011],a sewerage undertaker,a water undertaker;

• “sustainability appraisal report” (“adroddiad arfarnu cynaliadwyedd”) means the report prepared pursuant to section 62(6)(b); and includes any environmental report required under the provisions of the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004[^f00012] or any re-enactment thereof;

• “Waste Strategy for Wales” (“Strategaeth Wastraff Cymru”) means the national waste management plan within the meaning of the Waste (England and Wales) Regulations 2011, known by that name and prepared by the Welsh Ministers;

• (2) In these Regulations, unless otherwise stated, any reference to a section is a reference to that section of the Act and any reference to a regulation is a reference to that regulation in these Regulations.

Scope of Regulations

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• (1) These Regulations have effect in relation to the revision of an LDP as they apply to the preparation of an LDP, except—

• (a) regulations 5 and 7 which do not apply to the revision of an LDP;

• (b) where an LPA proceeds in accordance with Part 4A, Part 4 does not apply other than to the extent specified in Part 4A;

• (c) where an LPA proposes to revise its LDP and proceeds in accordance with Part 4, Part 4A does not apply.

• (2) Where—

• (a) an LPA; or

• (b) the National Assembly

has, in relation to the preparation of a local development plan, taken any step in relation to any regulation made under the provisions of Part 6 of the Act, that step is to be regarded as having been taken pursuant to the duties imposed on the local planning authority or the National Assembly under that regulation, whether that step was taken before, on or after the day appointed for the coming into force of that regulation.

Electronic communications

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• (1) Where, within these Regulations—

• (a) a person is required to—

• (i) send a document, a copy of a document or any notice to another person,

• (ii) notify another person of any matter; and

• (b) that other person has an address for the purposes of electronic communications;

the document, copy, notice or notification may be sent or made by way of electronic communications.

• (2) Where, within these Regulations, a person may make representations on any matter or document, those representations may be made—

• (a) in writing; or

• (b) by way of electronic communications.

• (3) Where—

• (a) an electronic communication is used as mentioned in paragraphs (1) and (2); and

• (b) the communication is received by the recipient outside that person’s normal office hours, it will be taken to have been received on the next working day; and, in this regulation, “working day” means a day which is not a Saturday, Sunday, Bank Holiday[^f00015] or other public holiday.

PART 2 — PRELIMINARY

Community Involvement Scheme Preparation

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The persons who are to be engaged in the preparation of a community involvement scheme for the purposes of section 63(7)(a) are those general consultation bodies as appear to the LPA as having an interest in matters relating to the development in the LPA’s area.

Content of Community Involvement Scheme

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A community involvement scheme must include within it the following matters—

• (a) a list of all those general and specific consultation bodies to be involved in the LDP procedure;

• (b) the principles of the LDP participation strategy to be adopted by the LPA;

• (c) the timing of, and the method by which—

• (i) participation will occur at each stage of the LDP procedure, and

• (ii) the LPA will respond to the participation process referred to in sub-paragraph (i);

• (d) details of how the LPA will use those responses at each stage in developing the content of its LDP.

Timetable Preparation

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The persons that must be consulted in the preparation of a timetable for the purposes of section 63(7)(a) are all the specific consultation bodies.

Content of Timetable

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The timetable must include all key dates—

• (a) specified in guidance made under section 75, which must include—

• (i) a definitive date for each stage of the LDP procedure up to deposit stage, and

• (ii) indicative dates up to adoption of the LDP,

• (b) for the preparation and publication of—

• (i) the sustainability appraisal report, and

• (ii) the annual monitoring report.

Delivery Agreement

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• (1) A delivery agreement must consist of the community involvement scheme (prepared in accordance with regulation 6) and the timetable (prepared in accordance with regulation 8) and must be approved by resolution of the LPA and then submitted to the Welsh Ministers for their agreement.

• (2) The National Assembly must respond within four weeks of receipt of the delivery agreement, unless it has, before the expiry of that period, notified the LPA in writing that it requires more time to consider the document.

• (3) If before the end of the period mentioned in paragraph (2), the National Assembly has failed to respond to the receipt by it of the delivery agreement, it will be deemed to be agreed at the end of that period.

• (4) Until such time as the Welsh Ministers agree the delivery agreement, the LPA must not take any steps under regulation 15 or 26A.

• (4A) The LPA must notify—

• (a) the specific consultation bodies; and

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

as soon as reasonably practicable after a revision to a delivery agreement is agreed or deemed to be agreed under paragraph (3).

• (5) The LPA must keep the delivery agreement under regular review and any revision must comply with paragraph (1)(a) prior to being agreed with the National Assembly, and subject to paragraph (2) and (3).

• (6) The LPA does not need to comply with a particular requirement of its community involvement scheme if it has reasonable grounds to believe that it is not likely to prejudice any person’s opportunity to be involved in the exercise of the LPA’s functions under Part 6 of the Act if it does not comply with that requirement.

Availability of a Delivery Agreement

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• (1) Where a delivery agreement takes effect in accordance with regulation 9, an LPA must—

• (a) make a copy of the agreement available for inspection at its principal office during normal office hours, and

• (b) publish the agreement on its website.

• (2) Where a revision to a delivery agreement takes effect under regulation 9, within 2 weeks of it taking effect, the LPA must incorporate the revision into the agreement made available for inspection and published under paragraph (1).

PART 3 — FORM AND CONTENT OF LDP

Form and content of LDP

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• (1) An LDP must contain a—

• (a) title which must—

• (i) give the name of the area of the LPA for which the LDP is prepared, and

• (ii) indicate that it is an LDP; and

• (b) sub-title which must indicate—

• (i) the date of adoption of the LDP, ...

• (ii) the date of the expiry of the period in relation to which the LDP has been prepared by the LPA; and

• (iii) where it is an emerging LDP, the stage reached and date of its publication.

• (2) An LDP must contain a reasoned justification of the policies contained in it.

• (3) Those parts of an LDP which comprise the policies of the LDP and those parts which comprise the reasoned justification required by paragraph (2) must be readily distinguishable.

Proposals Map

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• (1) The LDP must contain a map (“a proposals map”) of the LPA’s area and which must—

• (a) show the proposals for the development and use of land in its area;

• (b) be reproduced from, or based on, an Ordnance Survey map; and

• (c) show National Grid lines and reference numbers.

• (2) For the purposes of this regulation, a proposal is a site specific policy.

• (3) Policies for any part of the LPA’s area may be illustrated on a separate map on a scale larger than a proposals map (an “inset map”).

• (4) Where an inset map is included in an LDP, the area covered by the inset map must be identified on the proposals map and the policies for that area must be illustrated on that inset map only.

• (5) The title (and any sub-title) of an LDP must be set out on the proposals map and on any inset map contained in the LDP, and the proposals map and any inset map must show the scale to which it has been prepared and include an explanation of any symbol or notation used in the map.

LDP : additional matters to which regard to be had

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• (1) The matters (additional to those specified in sections 39 and 62(5)(a) to (f)) prescribed for the purposes of section 62(5) are—

• (a) any local transport plan, the policies of which affect any part of the LPA’s area;

• (b) any other policies prepared under section 108(1) and (2) of the Transport Act 2000[^f00016] which affect any part of the LPA’s area;

• (c) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment ...;

• (d) the need, in the long term—

• (i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

• (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures;

• (iii) in the case of existing establishments, to facilitate and encourage operators to take all necessary measures to prevent major accidents and to limit their consequences for human health and the environment.

• (e) the Waste Strategy for Wales;

• (f) any marine plan adopted and published by the Welsh Ministers under Part 3 of the Marine and Coastal Access Act 2009 which affects any part of the LPA’s area; and

• (g) any local housing strategy, the policies of which affect any part of the LPA’s area.

• (2) Expressions appearing both in paragraph (1) and in Directive 2012/18/EU have the same meaning as in that Directive.

• (3) In paragraph (1)(a), “local transport plan” has the same meaning as in section 108(3) of the Transport Act 2000.

PART 4 — LDP PROCEDURE

Pre-deposit participation

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