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SCHEDULE 5 continued PART III continued
17 (1) This paragraph applies where, in relation to any area in Wales, there is no local plan in force.
(2) For any of the purposes of the [1961 c. 33.] Land Compensation Act 1961, the development plan or current development plan shall as respects that area be taken as being—
(a) if any part of the unitary development plan is in force for that area, that part of that plan; or
(b) if no part of such a plan is in force for that area, whichever of the structure plan and the old development plan (if any) in force for that area gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land in question.
(3) For any of the purposes of the Act of 1961, land situated in an area defined in the current development plan as an area of comprehensive development (“the defined area”) shall be taken to be situated in whichever of the following areas leads to such assumptions as are mentioned in sub-paragraph (2)(b)—
(a) any area which is wholly or partly within the defined area and is selected by the structure plan as an action area; and
(b) the area so defined in the old development plan.
18 The Secretary of State may, after consultation with a new planning authority, by order wholly or partly revoke an old development plan continued in force under paragraph 1 of Part IA of Schedule 2 to the planning Act in respect of the whole or any part of so much of the area to which it relates as is comprised in the area of the new planning authority.
19 It is the duty of a local planning authority in Wales, when exercising their functions under section 70 of the planning Act (determination of applications for planning permission) in relation to an application for planning permission, to seek the achievement of the general objective of the structure plan (if any) for the time being in force in their area (or, where different structure plans apply in respect of different parts of their area, in that part of their area to which the application relates).
20 Where a unitary development plan is operative in part, but has not become fully operative, in the area of a new planning authority, to the extent that they conflict with any provision of any—
(a) structure plan,
(b) local plan,
(c) minerals local plan,
(d) waste local plan, or
(e) modified plan,
in force for that area or any part of it, the provisions of the unitary development plan shall prevail for the purposes of Parts III, V, VI, VII, VIII and IX of the planning Act and of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 and the [1990 c. 10.] Planning (Hazardous Substances) Act 1990.
21 (1) Paragraph 1 of Schedule 13 to the planning Act (blighted land) shall apply with the omission of Notes (2), (5A) and (7) and as modified by sub-paragraphs (2) to (6).
(2) References to a structure plan in force for the district in which land is situated are to be read as if they were references to a structure plan in force where that land is situated by virtue of Part IA of Schedule 2 to the planning Act.
(3) Note (1) to that paragraph shall apply as if—
(a) in paragraph (a), after “inspection” there were inserted “before 1st April 1996” and at the end there were added “and not withdrawn before that date”;
(b) after that paragraph there were inserted—
“(aa) modified structure plan proposals made available for inspection under that section as it is applied by virtue of Part III of Schedule 5 to the Local Government (Wales) Act 1994;”;
(c) in paragraph (b), after “published” there were inserted “either before 1st April 1996” and at the end there were added “or after that date in accordance with regulations or a direction made by virtue of that Part of that Schedule”.
(4) Note (3) to that paragraph shall apply as if, after paragraph (b), there were inserted— “or
(c) copies of the unitary development plan for the area in which the land is situated have been made available under section 13(2).”.
(5) Note (4) to that paragraph shall apply as if at the end there were added “or paragraph 13 of Schedule 5 to the Local Government (Wales) Act 1994”.
(6) In Note (5) to that paragraph—
(a) the reference to a local plan is to be read as if it were a reference to—
(i) a local plan within the meaning of paragraph 4 of Part IA of Schedule 2 to the planning Act; or
(ii) a modified plan in force where that land is situated; and
(b) any reference to a district for which a local plan is in operation is to be read as if it were a reference to the area in which the plan mentioned in paragraph (a)(i) or (ii) is in force by virtue of Part IA of Schedule 2 to the planning Act.
22 (1) Paragraph 2 of Schedule 13 to the planning Act (blighted land) shall apply as modified by sub-paragraphs (2) to (5).
(2) Paragraph (a) shall apply as if for “for the district” there were substituted “where the land is situated”.
(3) Note (1) to that paragraph shall apply as if—
(a) for the words from “includes a reference” to “also” there were substituted “is a reference to a local plan within the meaning of paragraph 4 of Part IA of Schedule 2 or a modified plan within the meaning of Part III of Schedule 5 to the Local Government (Wales) Act 1994, and, until copies of the unitary development plan for the area in which the land is situated have been made available under section 13(2),”;
(b) in paragraph (a), after “proposals have” there were inserted “before 1st April 1996”, and after “1991” there were inserted “and not withdrawn before that date”; and
(c) in paragraph (b)—
(i) after “published” there were inserted “either before 1st April 1996”, and
(ii) at the end of that paragraph there were added “or after that date in accordance with regulations or a direction made by virtue of Part III of Schedule 5 to the Local Government (Wales) Act 1994”.
(4) Note (3) to that paragraph shall apply as if, in paragraph (b), the words “the local planning authority decide to abandon” were omitted.
(5) Note (4) to that paragraph shall apply as if, at the end, there were added “or paragraph 13 of Schedule 5 to the Local Government (Wales) Act 1994”.
23 (1) The Secretary of State may by regulations make provision corresponding to any provision which he could previously have made by regulations under any provision of Chapter II of Part II of the planning Act.
(2) The Secretary of State may by regulations provide for—
(a) any regulations made or directions given under any provision of that Chapter and previously in force to continue to apply for such period as may be prescribed; and
(b) any regulations made under sub-paragraph (1) or applied under paragraph (a) or by or under any other provision of this Schedule to apply in relation to—
(i) modified plans, modified proposals or, as the case may be, modified structure plan proposals, or
(ii) the preparation of any such plan or proposals,
subject to such modifications (if any) as may be prescribed.
(3) The Secretary of State may by a direction given under this paragraph make provision corresponding to any provision which he could previously have made by a direction given under any provision of Chapter II of Part II of the planning Act.
(4) Any power exercisable by virtue of sub-paragraph (1) or (3) to make regulations or give a direction in relation to required plans, proposals for the alteration or replacement of a required plan or structure plan, or the preparation of any such plan or proposals, shall be exercisable, with the necessary modifications, in relation to—
(a) modified plans, modified proposals or, as the case may be, modified structure plan proposals, or
(b) the preparation of any such plan or proposals.
Local Government (Wales) Act 1994