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Paragraph 1B F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Land in Wales which is identified for the purposes of relevant public functions by a local development plan F2or strategic development plan for the area in which the land is situated.

Notes

(1)

Relevant public functions are—

(a)

the functions of the F3Welsh Ministers, a government department, local authority, National Park authority or statutory undertakers;

(b)

the establishment or running by a public telecommunications operator of a telecommunications system.

(2)

For the purposes of this paragraph a local development plan F4or strategic development plan is—

(a)

a local development plan or strategic development plan which is adopted or approved for the purposes of Part 6 of the Planning and Compulsory Act 2004 (in this paragraph, the 2004 Act);

(b)

a revision of F5such a plan in pursuance of section 70 of the 2004 Act which is adopted or approved for purposes of Part 6 of the 2004 Act;

(c)

a local development plan F6or strategic development plan which has been submitted to the F7Welsh Ministers for independent examination under section 64(1) of the 2004 Act;

(d)

a revision of F8such a plan in pursuance of section 70 of the 2004 Act if the plan has been submitted to the F9Welsh Ministers for independent examination under section 64(1) of that Act.

(3)

But Note (2)(c) and (d) does not apply if the plan is withdrawn under section 66 F10or 66A of the 2004 Act at any time after it has been submitted for independent examination.

(4)

In Note (2)(c) and (d) the submission of a F11... plan to the F12Welsh Ministers for independent examination is to be taken to include the holding of an independent examination by the Welsh Ministers under section 65 or section 71 of the 2004 Act.

Annotations

Textual amendments

F1

Sch. 13 para. 1B inserted (5.10.2005) by Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(3) (with art. 7)

F2

Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(2), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F3

Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(3), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F4

Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(a), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F5

Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(b), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F6

Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(c)(i), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F7

Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(c)(ii), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F8

Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(d)(i), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F9

Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(d)(ii), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F10

Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 15; S.I. 2020/1216, reg. 2(b)

F11

Words in Sch. 13 para. 1B omitted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 10(5)(a), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F12

Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(5)(b), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)