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

Explanatory Note

(This note is not part of the Regulations)

Part 6 of the Planning and Compulsory Purchase Act 2004 (“the Act”) establishes a new system of local development plans (“LDPs”) in Wales. These Regulations make provision for the operation of that system.

The Regulations prescribe the form and content of LDPs (to be prepared by local planning authorities (“LPAs”)) (Part 3 of these Regulations) and make provision for the procedure to be followed in their preparation (Part 4 of these Regulations).

The main steps in the LDP making procedure are—

(a) the delivery agreement consisting of the community involvement scheme and the timetable for preparation of the LDP (Part 2 of these Regulations);

(b) pre-deposit participation (regulation 14);

(c) pre-deposit public consultation (regulation 15);

(d) making and consideration of representations (regulation 16);

(e) deposit of proposals (regulation 17);

(f) making and consideration of representations on proposals (regulations 18 to 20);

(g) representations on site allocation representations (regulation 21);

(h) submission of deposit LDP for examination to the National Assembly for Wales (“the National Assembly”) (regulations 22 and 23);

(i) publication of the recommendations of the person appointed to carry out the examination (regulation 24); and

(j) adoption of the LDP by the LPA (regulation 25).

There are also provisions about how different forms of representation on an LDP are to be handled (regulations 19 and 20), about the withdrawal of an LDP (regulation 26) and the intervention of the National Assembly in the LDP preparation process (including provisions about LDPs which the National Assembly has directed must be submitted for its consideration) (Part 5 of these Regulations).

The Regulations make provision for the preparation of joint LDPs (regulation 36), require an LPA to review its LDP every four years (Part 9), permits electronic communications (regulation 4) and make provision in relation to the availability of documents (Part 8).