Law

Planning and Compulsory Purchase Act 2004

United Kingdom · statute

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In force since 2026-11-04, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 226 provisions

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226 provisions

47 Planning contribution: regulations

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48 Planning contribution: Wales

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49 Development to include certain internal operations

(1) In the principal Act in section 55 (meaning of development) after subsection (2) there are inserted the following subsections— (2A) The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified. (2B) The development order may make different provision for different purposes. (2) This subsection applies if— (a) section 55(2) of the principal Act is disapplied in respect of any operations by virtue of a development order under section 55(2A) of that Act, (b) at the date the development order comes into force a certificate under section 192 of the principal Act (certificate of lawfulness of proposed use or development) is in force in respect of the operations, and (c) before that date no such operations have been begun. (3) If subsection (2) applies the certificate under section 192 of the principal Act is of no effect. (4) A development order made for the purposes of section 55(2A) of the principal Act does not affect any operations begun before it is made.

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50 Appeal made: functions of local planning authority

(1) In the principal Act after section 78 (right to appeal) there is inserted the following section— Appeal made: functions of local planning authorities 78A (1) This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2). (2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2). (3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application— (a) the appeal must be treated as an appeal under section 78(1) against the refusal; (b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal; (c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal. (4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity— (a) to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions; (b) to revise the grounds of the appeal; (c) to change any option the person has chosen relating to the procedure for the appeal. (5) The Secretary of State must not issue his decision on the appeal before the end of the additional period. (6) The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2). (2) In the listed buildings Act after section 20 (right to appeal) there is inserted the following section— Appeal made: functions of local planning authorities 20A (1) This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2). (2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2). (3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application— (a) the appeal must be treated as an appeal under section 20(1) against the refusal; (b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal; (c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal. (4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity— (a) to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions; (b) to revise the grounds of the appeal; (c) to change any option the person has chosen relating to the procedure for the appeal. (5) The Secretary of State must not issue his decision on the appeal before the end of the additional period. (6) The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2). (3) This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section. (4) The following are relevant applications— (a) an application mentioned in section 78(1)(a) of the principal Act; (b) an application mentioned in section 20(1)(a) of the listed buildings Act; (c) an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).

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51 Duration of permission and consent

(1) Section 91 of the principal Act (limit on duration of planning permission) is amended as follows— (a) in subsections (1)(a) and (3) for the words “five years” there is substituted “ three years ”; (b) after subsection (3) there are inserted the following subsections— (3A) Subsection (3B) applies if any proceedings are begun to challenge the validity of a grant of planning permission or of a deemed grant of planning permission. (3B) The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year. (3C) Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted. (2) In section 92 of that Act (outline planning permission)— (a) in subsection (2)(b) sub-paragraph (i) is omitted; (b) in subsection (2)(b) in sub-paragraph (ii) the words “if later” are omitted; (c) in subsection (4) “five years” is omitted. (3) In section 73 of the principal Act (applications to develop land without compliance with existing conditions) after subsection (4) there is inserted the following subsection— (5) Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which— (a) a development must be started; (b) an application for approval of reserved matters (within the meaning of section 92) must be made. (4) Section 18 of the listed buildings Act (limit of duration of listed buildings consent) is amended as follows— (a) in subsections (1)(a) and (2) for the words “five years” there is substituted “ three years ”; (b) after subsection (2) there are inserted the following subsections— (2A) Subsection (2B) applies if any proceedings are begun to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent. (2B) The period before the end of which the works to which the consent relates are required to be begun in pursuance of subsection (1) or (2) must be taken to be extended by one year. (2C) Nothing in this section prevents the works being begun from the time the consent is granted. (5) In section 19 of that Act (variation or discharge of conditions) after subsection (4) there is inserted the following subsection— (5) But a variation or discharge of conditions under this section must not— (a) vary a condition subject to which a consent was granted by extending the time within which the works must be started; (b) discharge such a condition. (6) This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after the commencement of the section.

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52 Temporary stop notice

After section 171D of the principal Act (penalties for non-compliance with planning contravention notice) there are inserted the following sections— Temporary stop notices Temporary stop notice 171E (1) This section applies if the local planning authority think— (a) that there has been a breach of planning control in relation to any land, and (b) that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately. (2) The authority may issue a temporary stop notice. (3) The notice must be in writing and must— (a) specify the activity which the authority think amounts to the breach; (b) prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice); (c) set out the authority’s reasons for issuing the notice. (4) A temporary stop notice may be served on any of the following— (a) the person who the authority think is carrying on the activity; (b) a person who the authority think is an occupier of the land; (c) a person who the authority think has an interest in the land. (5) The authority must display on the land— (a) a copy of the notice; (b) a statement of the effect of the notice and of section 171G. (6) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5). (7) A temporary stop notice ceases to have effect— (a) at the end of the period of 28 days starting on the day the copy notice is so displayed, (b) at the end of such shorter period starting on that day as is specified in the notice, or (c) if it is withdrawn by the local planning authority. Temporary stop notice: restrictions 171F (1) A temporary stop notice does not prohibit— (a) the use of a building as a dwelling house; (b) the carrying out of an activity of such description or in such circumstances as is prescribed. (2) A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether or not continuously) for a period of four years ending with the day on which the copy of the notice is first displayed as mentioned in section 171E(6). (3) Subsection (2) does not prevent a temporary stop notice prohibiting— (a) activity consisting of or incidental to building, engineering, mining or other operations, or (b) the deposit of refuse or waste materials. (4) For the purposes of subsection (2) any period during which the activity is authorised by planning permission must be ignored. (5) A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the local planning authority has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity. (6) In subsection (5) enforcement action includes obtaining the grant of an injunction under section 187B. Temporary stop notice: offences 171G (1) A person commits an offence if he contravenes a temporary stop notice— (a) which has been served on him, or (b) a copy of which has been displayed in accordance with section 171E(5). (2) Contravention of a temporary stop notice includes causing or permitting the contravention of the notice. (3) An offence under this section may be charged by reference to a day or a longer period of time. (4) A person may be convicted of more than one such offence in relation to the same temporary stop notice by reference to different days or periods of time. (5) A person does not commit an offence under this section if he proves— (a) that the temporary stop notice was not served on him, and (b) that he did not know, and could not reasonably have been expected to know, of its existence. (6) A person convicted of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000; (b) on conviction on indictment, to a fine. (7) In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence. Temporary stop notice: compensation 171H (1) This section applies if and only if a temporary stop notice is issued and at least one of the following paragraphs applies— (a) the activity which is specified in the notice is authorised by planning permission or a development order or local development order; (b) a certificate in respect of the activity is issued under section 191 or granted under that section by virtue of section 195; (c) the authority withdraws the notice. (2) Subsection (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in section 171E(6). (3) Subsection (1)(c) does not apply if the notice is withdrawn following the grant of planning permission as mentioned in subsection (2). (4) A person who at the time the notice is served has an interest in the land to which the notice relates is entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition effected by the notice. (5) Subsections (3) to (7) of section 186 apply to compensation payable under this section as they apply to compensation payable under that section; and for that purpose references in those subsections to a stop notice must be taken to be references to a temporary stop notice.

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53 Fees and charges

(1) Section 303 (fees for planning applications, etc) of the principal Act is amended as follows. (2) The following subsections are substituted for subsections (1) and (2)— (1) The appropriate authority may by regulations make provision for the payment of a charge or fee to a local planning authority in respect of— (a) the performance by the local planning authority of any function they have; (b) anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function. (2) The regulations may prescribe— (a) the person by whom the charge or fee is payable; (b) provision as to the calculation of the charge or fee (including the person by whom it is to be calculated); (c) circumstances in which no charge or fee is to be paid; (d) circumstances in which a charge or fee is to be transferred from one local planning authority to another. (2A) The appropriate authority is— (a) the Secretary of State in relation to England; (b) the National Assembly for Wales in relation to Wales, and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored. (3) In subsection (4) after the first “prescribed” there is inserted “ charge or ”. (4) After subsection (5) there are inserted the following subsections— (5A) If the local planning authority calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of the performance of the function or doing of the thing (as the case may be). (5B) A financial year is the period of 12 months beginning with 1 April. (5) Subsection (6) is omitted.

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54 Duty to respond to consultation

(1) This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any enactment. (2) A prescribed requirement to consult is a requirement— (a) with which the appropriate authority or a local planning authority must comply before granting any permission, approval or consent under or by virtue of the planning Acts; (b) which is prescribed for the purposes of this subsection. (3) At any time before an application is made for any permission, approval or consent mentioned in subsection (2) any person may in relation to a proposed development consult the consultee on any matter in respect of which the appropriate authority is or the local planning authority are required to consult the consultee. (4) The consultee must give a substantive response to any consultation mentioned in subsection (2) or by virtue of subsection (3) before the end of— (a) the period prescribed for the purposes of this subsection, or (b) such other period as is agreed in writing between the consultee and the appropriate authority or the local planning authority (as the case may be). (5) The appropriate authority may also prescribe— (a) the procedure to be followed for the purposes of this section; (b) the information to be provided to the consultee for the purposes of the consultation; (c) the requirements of a substantive response. (6) Anything prescribed for the purposes of subsections (1) to (5) must be prescribed by development order. (7) A development order may— (a) require consultees to give the appropriate authority a report as to their compliance with subsection (4); (b) prescribe the form and content of the report; (c) prescribe the times at which the report is to be made. (8) The appropriate authority is— (a) the Secretary of State in relation to England; (b) the National Assembly for Wales in relation to Wales.

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55 Time in which Secretary of State to take decisions

(1) Schedule 2 contains provisions about the time in which the Secretary of State must take certain decisions. (2) But Schedule 2 does not apply in relation to any decision taken in the exercise of a function in relation to Wales if the function is exercisable in relation to Wales by the National Assembly for Wales by virtue of an order under section 22 of the Government of Wales Act 1998 (c. 38).

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56 Correction of errors in decisions

(1) This section applies if the Secretary of State or an inspector issues a decision document which contains a correctable error. (2) The Secretary of State or the inspector (as the case may be) may correct the error— (a) if he is requested to do so in writing by any person; (b) if he sends a statement in writing to the applicant which explains the error and states that he is considering making the correction. (3) But the Secretary of State or inspector must not correct the error unless— (a) not later than the end of the relevant period he receives a request mentioned in subsection (2)(a) or sends a statement mentioned in subsection (2)(b), and (b) he informs the local planning authority of that fact, ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The relevant period— (a) is the period within which an application or appeal may be made to the High Court in respect of the decision recorded in the decision document; (b) does not include any time by which such a period may be extended by the High Court. (5) It is immaterial whether any such application or appeal is made. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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57 Correction notice

(1) If paragraph (a) or (b) of section 56(2) applies the Secretary of State or the inspector must as soon as practicable after making any correction or deciding not to make any correction issue a notice in writing (a correction notice) which— (a) specifies the correction of the error, or (b) gives notice of his decision not to correct such an error. (2) The Secretary of State or the inspector (as the case may be) must give the correction notice to— (a) the applicant; (b) if the applicant is not the owner of the land in respect of which the original decision was made, the owner; (c) the local planning authority for the area in which the land in respect of which the decision was made is situated; (d) if the correction was requested by any other person, that person. (3) The Secretary of State may by order specify any other person or description of persons to whom the correction notice must be given.

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58 Effect of correction

(1) If a correction is made in pursuance of section 56— (a) the original decision is taken not to have been made; (b) the decision is taken for all purposes to have been made on the date the correction notice is issued. (2) If a correction is not made— (a) the original decision continues to have full force and effect; (b) nothing in this Part affects anything done in pursuance of or in respect of the decision. (3) Section 288 of the principal Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were an action on the part of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in— (a) paragraph (a) of section 59(4) below, or (b) paragraph (b) of that section, if it is a decision mentioned in section 177 of the principal Act (grant or modification of planning permission on appeal against enforcement notice). (4) Section 289 of the principal Act (appeals to the High Court relating to enforcement notices and notices under section 207 of that Act) applies to the correction notice as if it were a decision of the Secretary of State mentioned in— (a) subsection (1) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (b) of section 59(4) below (not being a decision mentioned in section 177 of the principal Act), or (b) subsection (2) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (c) of section 59(4) below. (5) Section 63 of the listed buildings Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in any of paragraphs (d) to (f) of section 59(4) below. (6) Section 22 of the hazardous substances Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State under section 20 or 21 of that Act, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (g) of section 59(4) below. (7) If the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (h) of section 59(4) the Secretary of State must by order make provision for questioning the validity of the notice which corresponds to the provisions of the planning Acts mentioned in subsections (3) to (6) above. (8) Except to the extent provided for by virtue of this section a correction notice must not be questioned in any legal proceedings.

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59 Supplementary

(1) This section applies for the purposes of this Part. (2) An inspector is a person appointed under any of the planning Acts to determine appeals instead of the Secretary of State or appointed under section 76D of the principal Act to determine applications instead of the Secretary of State . (2A) An inspector is also a person appointed under Schedule 4D of the principal Act to determine an application instead of the Welsh Ministers. (3) In the case of a decision document issued by an inspector any other inspector may act under this Part. (4) A decision document is a document which records any of the following decisions— (a) a decision of any description which constitutes action on the part of the Secretary of State under section 284(3) of the principal Act (decisions which are not to be questioned in legal proceedings); (b) a decision in proceedings on an appeal under Part 7 of that Act (enforcement notices); (c) a decision in proceedings on an appeal under section 208 of that Act (appeals against enforcement notices relating to trees); (d) a decision mentioned in section 62(2) of the listed buildings Act (decisions which are not to be questioned in legal proceedings); (e) a decision on an appeal under section 39 of that Act (appeals against listed building enforcement notices); (f) a decision relating to conservation area consent within the meaning of section 74(1) of that Act (consent required for demolition of certain buildings); (g) a decision under section 20 or 21 of the hazardous substances Act (certain applications referred to and appeals determined by the Secretary of State); (h) a decision under any of the planning Acts which is of a description specified by the Secretary of State by order. (5) A correctable error is an error— (a) which is contained in any part of the decision document which records the decision, but (b) which is not part of any reasons given for the decision. (6) The applicant is— (a) in the case of a decision made on an application under any of the planning Acts, the person who made the application; (b) in the case of a decision made on an appeal under any of those Acts, the appellant. (7) The owner in relation to land is a person who— (a) is the estate owner in respect of the fee simple; (b) is entitled to a tenancy granted or extended for a term of years simple of which not less than seven years remain unexpired; (c) is entitled to an interest in any mineral prescribed by a development order, in the case of such applications under the principal Act as are so prescribed. (8) Error includes omission. (9) For the purposes of the exercise of any function under this Part in relation to Wales references to the Secretary of State must be construed as references to the National Assembly for Wales.

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60 National Development Framework for Wales

(1) There must be a plan, prepared and published by the Welsh Ministers, to be known as the National Development Framework for Wales. (2) The Framework must set out such of the policies of the Welsh Ministers in relation to the development and use of land in Wales as the Welsh Ministers consider appropriate. (3) The Framework may specify that development of a particular description, in a particular area or location, is to constitute a significant infrastructure project for the purposes of the Infrastructure (Wales) Act 2024. (4) The Framework must give reasons for— (a) the policies that it sets out, and (b) any provision that it makes as mentioned in subsection (3). (5) The Framework must explain how, in preparing the Framework, the Welsh Ministers have taken into account relevant policies set out in— (za) the national natural resources policy published under section 9 of the Environment (Wales) Act 2016, (a) any marine plan adopted and published by them under Part 3 of the Marine and Coastal Access Act 2009, and (b) the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006. (6) The Framework must specify the period for which it is to have effect. (7) A plan ceases to be the National Development Framework for Wales on the expiry of the period specified under subsection (6).

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60A Preparation of Framework: statement of public participation

(1) The Welsh Ministers must prepare and publish a statement of public participation setting out their policies relating to the consultation to be carried out in preparing the National Development Framework for Wales. (2) In particular, the statement must include provision about— (a) the form that the consultation will take, (b) when the consultation will take place, and (c) the steps that will be taken to involve members of the public in the preparation of the Framework. (3) The statement must provide that, as part of the consultation, the Welsh Ministers will— (a) publish a draft of the Framework, and (b) allow a period of 12 weeks beginning with the publication of the draft Framework during which any person may make representations with regard to the draft. (4) The Welsh Ministers may revise the statement, and must publish the statement as revised.

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60B Procedure for preparation and publication of Framework

(1) Before publishing the National Development Framework for Wales, the Welsh Ministers must— (a) prepare a draft of the Framework, (b) carry out an appraisal of the sustainability of the policies set out in the draft, and (c) carry out consultation in accordance with the statement of public participation. (1A) In preparing the draft Framework under subsection (1)(a), the Welsh Ministers must have regard to the most recent sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023. (2) The appraisal under subsection (1)(b) must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language. (3) If, after complying with subsection (1), the Welsh Ministers wish to proceed with the draft of the Framework (with or without changes), they must lay before the National Assembly for Wales— (a) the draft, and (b) a report which— (i) summarises the representations they received during the consultation carried out under subsection (1)(c), and (ii) explains how they have taken the representations into account. (4) The Welsh Ministers must have regard to— (a) any resolution passed by the National Assembly for Wales with regard to the draft Framework during the Assembly consideration period, and (b) any recommendation made by a committee of the National Assembly with regard to the draft during that period. (5) After the expiry of the Assembly consideration period, the Welsh Ministers— (a) may publish the National Development Framework for Wales in the terms of the draft laid under subsection (3), or (b) if they propose to make changes to that draft, may— (i) lay before the National Assembly for Wales an amended draft of the Framework, and (ii) publish the National Development Framework for Wales in the terms of the amended draft. (6) If any resolution was passed or any recommendation was made as mentioned in subsection (4), the Welsh Ministers must also, not later than the day on which the Framework is published, lay before the National Assembly for Wales a statement explaining how they have had regard to the resolution or recommendation. (7) In this section, “the Assembly consideration period” means the period of 60 days beginning with the day on which a draft of the Framework is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

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60C Review and revision of Framework

(1) The Welsh Ministers must keep the National Development Framework for Wales under review. (2) The Welsh Ministers may revise the Framework at any time, and must publish the Framework as revised. (3) Sections 60A and 60B apply for the purposes of the revision of the Framework, as if references to the Framework (or a draft of the Framework) were references to the Framework as revised (or a draft of the Framework as revised). (4) Subsection (5) applies if the Welsh Ministers, having published a draft of a revised Framework in accordance with the statement of public participation, decide not to proceed with the revision of the Framework. (5) The Welsh Ministers must— (a) publish notice of their decision and the reasons for it, and (b) if a draft of a revised Framework has been laid before the National Assembly for Wales under section 60B(3), lay a copy of the notice before the National Assembly. (6) Subsection (7) applies if— (a) a review period ends, and (b) the Welsh Ministers have not, within that period— (i) published a revised Framework, or (ii) laid a draft revised Framework before the National Assembly for Wales under section 60B(3). (7) As soon as reasonably practicable after the end of the review period, the Welsh Ministers must publish and lay before the National Assembly for Wales a statement— (a) setting out their assessment of whether the Framework should be revised and giving reasons for that assessment, and (b) if they consider that the Framework should be revised, setting out a timetable for its revision. (8) For the purposes of subsections (6) and (7)— (a) the first review period— (i) begins with the day on which the Framework is first published, and (ii) ends with the fifth anniversary of the day on which the Framework is first published or, if earlier, with the day on which a revised Framework is published; (b) each subsequent review period— (i) begins with the day after the last day of the preceding review period, and (ii) ends with the fifth anniversary of the last day of the preceding review period or, if earlier, with the day on which a revised Framework is published.

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60K Corporate joint committees to which this Part applies

In this Part, references to a corporate joint committee are to a corporate joint committee to which this Part applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

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60L Corporate joint committees: area survey

(1) A corporate joint committee must keep under review the matters which may be expected to affect the development, or the planning of the development, of its area. (2) Subsections (2) to (5) of section 61 apply in relation to a corporate joint committee as they apply in relation to a local planning authority. (3) In subsections (2) to (5) of section 61 as they apply by virtue of subsection (2)— (a) references to a local planning authority are to be construed as references to a corporate joint committee; (b) references to a neighbouring area are to be construed as references to a neighbouring area which is the area of another corporate joint committee.

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60M Corporate joint committee areas: strategic development plans

(1) A corporate joint committee must prepare a plan for its area to be known as a strategic development plan. (2) The plan must set out— (a) the committee's objectives in relation to the development and use of land in its area; (b) the committee's policies for the implementation of those objectives. (3) The plan must be in general conformity with the National Development Framework for Wales. (4) The plan must specify the period for which it is to have effect. (5) The Welsh Ministers may by regulations make provision about— (a) the period that may be specified under subsection (4); (b) the form and content of the plan. (6) In preparing its plan the committee must have regard to— (a) current national policies; (b) the National Development Framework for Wales; (c) any strategic development plan for an area that adjoins the committee's area; (d) the local development plan for each area all or part of which is included in the committee's area; (e) the resources likely to be available for implementing the plan; (f) any other matters prescribed by the Welsh Ministers in regulations. (7) The committee must also— (a) carry out an appraisal of the sustainability of the plan; (b) prepare a report of the findings of the appraisal. (8) The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area. (9) A plan is a strategic development plan only in so far as it is— (a) adopted by resolution of the corporate joint committee as its strategic development plan, or (b) approved by the Welsh Ministers under section 65 or 71 (as they apply by virtue of section 60N). (10) The plan ceases to be a strategic development plan on the expiry of the period specified under subsection (4).

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60N Strategic development plans: application of provisions of this Part

(1) The provisions specified in subsection (3) apply in relation to a strategic development plan as they apply in relation to a local development plan. (2) Accordingly, where a provision specified in subsection (3) confers power for the Welsh Ministers to make provision by regulations in respect of a local development plan, that power is also exercisable so as to make provision in respect of a strategic development plan prepared by a corporate joint committee. (3) The provisions are sections 63 to 68, 68A(1), 69 to 71, 73 and 75 to 77. (4) In those provisions as they apply by virtue of subsection (1)— (a) references to a local planning authority are to be construed as references to a corporate joint committee; (b) references to a local development plan are to be construed as references to a strategic development plan. (5) In section 64(5)(a) as it applies by virtue of this section, the reference to section 62 is to be construed as a reference to section 60M. (6) In section 77(2)(a) as it applies by virtue of this section, the reference to section 62(6) is to be construed as a reference to section 60M(7).

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61 Survey

(1) The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development. (2) These matters include— (a) the principal physical, economic, social and environmental characteristics of the area of the authority (including the extent to which the Welsh language is used in the area) ; (b) the principal purposes for which land is used in the area; (c) the size, composition and distribution of the population of the area; (d) the communications, transport system and traffic of the area; (e) any other considerations which may be expected to affect those matters; (f) such other matters as may be prescribed or as the Assembly in a particular case may direct. (3) These matters also include— (a) any changes which the authority think may occur in relation to any other matter; (b) the effect such changes are likely to have on the development of the authority’s area or on the planning of such development. (4) The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority. (5) In exercising a function under subsection (4) a local planning authority must consult the local planning authority for the neighbouring area in question. (6) If a neighbouring area is in England, the reference in subsection (5) to the local planning authority for that area is to be construed as a reference to the local planning authority and the minerals and waste planning authority, in each case for the purposes of Part 2, for that area.

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62 Local development plan

(1) The local planning authority must prepare a plan for their area to be known as a local development plan. (2) The plan must set out— (a) the authority’s objectives in relation to the development and use of land in their area; (b) their general policies for the implementation of those objectives. (3) The plan may also set out specific policies in relation to any part of the area of the authority. (3A) The plan must be in general conformity with— (a) the National Development Framework for Wales, and (b) the strategic development plan for any ... area that includes all or part of the area of the authority. (3B) The plan must specify the period for which it is to have effect. (4) Regulations under this section may — (a) make provision about the period that may be specified under subsection (3B); (b) prescribe the form and content of the plan. (5) In preparing a local development plan the authority must have regard to— (a) current national policies; (b) the National Development Framework for Wales; (ba) the strategic development plan for any ... area that— (i) includes all or part of the area of the authority, or (ii) adjoins that area; (bb) any area statement published under section 11 of the Environment (Wales) Act 2016 for an area that includes all or part of the area of the authority; (c) the RSS for any region which adjoins the area of the authority; (d) any relevant local well-being plan; (f) the resources likely to be available for implementing the plan; (g) such other matters as the Assembly prescribes. (6) The authority must also— (a) carry out an appraisal of the sustainability of the plan; (b) prepare a report of the findings of the appraisal. (6A) The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area of the authority. (7) A local well-being plan is relevant if it has been published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by— (a) in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member; (b) in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area. (8) A plan is a local development plan only in so far as it— (a) is adopted by resolution of the local planning authority as a local development plan; (b) is approved by the Assembly under section 65 or 71. (9) A plan ceases to be a local development plan on the expiry of the period specified under subsection (3B).

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63 Preparation requirements

(1) A local development plan must be prepared in accordance with— (a) the local planning authority’s community involvement scheme; (b) the timetable for the preparation and adoption of the authority’s local development plan. (2) The authority’s community involvement scheme is a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under this Part of the persons to which subsection (3) applies. (3) The persons mentioned in subsection (2)— (a) must include such persons as the Assembly prescribes; (b) may include such other persons as appear to the authority to have an interest in matters relating to development in the area of the authority. (4) The authority and the Assembly must attempt to agree the terms of the documents mentioned in paragraphs (a) and (b) of subsection (1). (5) But to the extent that the Assembly and the authority cannot agree the terms the Assembly may direct that the documents must be in the terms specified in the direction. (6) The authority must comply with the direction. (7) The Assembly may prescribe— (a) the procedure in respect of the preparation of the documents mentioned in paragraphs (a) and (b) of subsection (1); (b) the form and content of the documents; (c) the time at which any step in the preparation of the documents must be taken; (d) publicity about the documents; (e) making the documents available for inspection by the public; (f) circumstances in which the requirements of the documents need not be complied with.

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64 Independent examination

(1) The local planning authority must submit their local development plan to the Assembly for independent examination. (2) But the authority must not submit a plan unless— (a) they have complied with any relevant requirements contained in regulations under this Part, and (b) they think the plan is ready for independent examination. (3) The authority must also send to the Assembly (in addition to the local development plan) such other documents (or copies of documents) and such information as is prescribed. (4) The examination must be carried out by a person appointed by the Assembly. (5) The purpose of the independent examination is to determine in respect of a local development plan— (a) whether it satisfies the requirements of sections 62 and 63 and of regulations under section 77; (b) whether it is sound. (6) Any person who makes representations seeking to change a local development plan must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination. (7) The person appointed to carry out the examination must— (a) make recommendations; (b) give reasons for the recommendations. (8) The local planning authority must publish the recommendations and the reasons.

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65 Intervention by Assembly

(1) If the Assembly thinks that a local development plan is unsatisfactory— (a) it may at any time before the plan is adopted by the local planning authority direct them to modify the plan in accordance with the direction; (b) if it gives such a direction it must state its reasons for doing so. (2) The authority— (a) must comply with the direction; (b) must not adopt the plan unless the Assembly gives notice that it is satisfied that they have complied with the direction. (3) But subsection (2) does not apply if the Assembly withdraws the direction. (4) At any time before a local development plan is adopted by a local planning authority the Assembly may direct that the plan is submitted to it for its approval. (5) The following paragraphs apply if the Assembly gives a direction under subsection (4)— (a) the authority must not take any step in connection with the adoption of the plan until the Assembly gives its decision; (b) if the direction is given before the authority have submitted the plan under section 64(1) the Assembly must hold an independent examination and section 64(4) to (7) applies accordingly; (c) if the direction is given after the authority have submitted the plan the person appointed to carry out the examination must make his recommendations to the Assembly; (d) the plan has no effect unless it has been approved by the Assembly. (6) The Assembly must publish the recommendations made to it by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations. (7) In considering a plan submitted under subsection (4) the Assembly may take account of any matter which it thinks is relevant. (8) It is immaterial whether any such matter was taken account of by the authority. (9) The Assembly— (a) may approve, approve subject to specified modifications or reject a plan submitted to it under subsection (4); (b) must give reasons for its decision under paragraph (a). (10) In the exercise of any function under this section the Assembly must have regard to the documents mentioned in paragraphs (a) and (b) of section 63(1).

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66 Withdrawal of local development plan in accordance with direction

(1) The Welsh Ministers may, at any time before a local development plan is adopted under section 67, direct the local planning authority to withdraw the plan. (2) If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so. (3) The authority must withdraw the plan in accordance with the direction.

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66A Withdrawal of local development plan in absence of direction

(1) This section applies where a local planning authority are not required to withdraw their local development plan under section 66. (2) Subject to the provisions of this section, the authority may withdraw the plan at any time before adopting it under section 67. (3) A local planning authority may not withdraw their local development plan when the Welsh Ministers have— (a) directed the authority to submit the plan for approval under section 65(4), or (b) taken any step under section 71 in connection with the plan. (4) A local planning authority may withdraw a local development plan that has been submitted for independent examination under section 64 only if— (a) the person carrying out the independent examination recommends that the plan is withdrawn, and (b) the recommendation is not overruled by a direction given by the Welsh Ministers. (5) A local planning authority may withdraw a local development plan to which subsection (6) applies only if— (a) the authority have given notice to the Welsh Ministers of their intention to withdraw the plan, and (b) the notice period has expired. (6) This subsection applies to a local development plan if the local planning authority— (a) have not yet submitted the plan for independent examination under section 64, but (b) have taken steps in connection with the preparation of the plan that are specified in regulations made by the Welsh Ministers. (7) Where a local planning authority have given notice under subsection (5)(a), the Welsh Ministers may, by direction to the authority, do either or both of the following— (a) require the authority to provide further information; (b) extend the notice period. (8) The Welsh Ministers may by regulations make provision about the giving of notices and directions under this section (including provision about their form and content and how they are to be given). (9) Subject to any direction given under subsection (7)(b) in a particular case, the “notice period” means whatever period, beginning with the giving of notice under subsection (5)(a), is specified in regulations made by the Welsh Ministers.

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67 Adoption of local development plan

(1) The local planning authority may adopt a local development plan as originally prepared if the person appointed to carry out the independent examination of the plan recommends that the plan as originally prepared is adopted. (2) The authority may adopt a local development plan with modifications if the person appointed to carry out the independent examination of the plan recommends the modifications. (3) A plan is adopted for the purposes of this section if it is adopted by resolution of the authority. (4) But the authority must not adopt a local development plan if the Assembly directs them not to do so.

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68 Revocation of local development plan

The Assembly may at any time revoke a local development plan at the request of the local planning authority.

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68A Duty to consider whether to review local development plan

(1) Following the publication of the National Development Framework for Wales or a revised Framework, a local planning authority must consider whether to carry out a review of their local development plan. (2) Following the adoption or approval of a strategic development plan or revised strategic development plan for all or part of their area, a local planning authority must consider whether to carry out a review of their local development plan.

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69 Review of local development plan

(1) A local planning authority must carry out a review of their local development plan —. (a) if, after consideration under section 68A, they think that the plan should be reviewed, and (b) at such other times as the Welsh Ministers prescribe. (2) The authority must report to the Assembly on the findings of their review. (3) A review must— (a) be in such form as is prescribed; (b) be published in accordance with such requirements as are prescribed.

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70 Revision of local development plan

(1) The local planning authority may at any time prepare a revision of a local development plan. (2) The authority must prepare a revision of a local development plan— (a) if the Assembly directs them to do so; (b) if, following a review under section 69, they think that the plan should be revised. (3) This Part applies to the revision of a local development plan as it applies to the preparation of the plan.

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