1 Title

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

NOTES
Initial Commencement
Date Made

Date made: 26 April 2005: (no specific commencement provision).

2 Appointed day

2Appointed day

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.

NOTES
Initial Commencement
Date Made

Date made: 26 April 2005: (no specific commencement provision).

3 Consequential provisions

3Consequential provisions

On the day appointed by article 2, the following provisions of the Town and Country Planning Act 1990 (“the 1990 Act”) 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).

NOTES
Initial Commencement
Date Made

Date made: 26 April 2005: (no specific commencement provision).

4 Transitional provisions

4Transitional provisions

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.

NOTES
Initial Commencement
Date Made

Date made: 26 April 2005: (no specific commencement provision).

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D Elis-Thomas

The Presiding Officer of the National Assembly

26 April 2005

SCHEDULE

SCHEDULE   Article 4

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

NOTES
Initial Commencement
Date Made

Date made: 26 April 2005: (no specific commencement provision).

Real Property Law93 Open Spaces & Countryside93 National Parks93

EXPLANATORY NOTE

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 (ie those specified in the Schedule to this Order) the existing provisions of the 1990 Act will continue to apply for the time being.

Construction Law97 Planning97 Local Government97