Commentary on Sections Part 3 Development Planning Section 3 – Preparing and revising the National Development Framework for Wales
14.This section replaces section 60 of the PCPA 2004 (which provided for the Wales Spatial Plan) with sections 60 to 60C.
15.Section 60 requires the Welsh Ministers to prepare and publish a National Development Framework for Wales. The Framework sets out national policies in relation to the development and use of land in Wales, reflecting Government priorities, and taking account of marine and transport policies published by the Welsh Ministers. The Framework may also set out what may be development of national significance (for developments of national significance, see notes on Part 5, below). The Framework has effect for the period which it specifies.
16.Section 60A requires the Welsh Ministers to prepare a statement of public participation. The Welsh Minsters may review and revise the statement at any time. The statement must set out how and when consultation takes place and how the public will be involved in the preparation of the Framework. As part of this, there must be consultation on a draft of the Framework. The consultation period is 12 weeks from the date of publication of the draft Framework.
17.Section 60B requires the Welsh Ministers to carry out a sustainability appraisal of the draft Framework. The appraisal must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language.
18.Section 60B also requires the Welsh Ministers to lay the draft Framework before the National Assembly for Wales, together with a report summarising representations received during the consultation and explaining how they have been considered. The Assembly has a period for scrutiny of 60 days from the date the draft is laid, disregarding any days the Assembly is dissolved and any periods of recess longer than four days.
19.The Welsh Minsters must have regard to any resolution passed by the Assembly or recommendation made by a committee of the Assembly about the draft Framework during the scrutiny period.
20.After the 60 day scrutiny period the Welsh Ministers may publish the Framework. However, if the Welsh Ministers propose changes to the Framework, they may lay before the Assembly an amended draft and publish that version. The Welsh Ministers must also, when publishing the final form of the Framework, lay before the Assembly a statement explaining how they have taken account of any resolution passed by the Assembly or any recommendation by an Assembly committee made during the scrutiny period.
21.Section 60C requires the Welsh Ministers to keep the Framework under review. The Framework may be revised at any time. If 5 years elapse without a revised Framework having been published or a draft revision having been laid before the Assembly, the Welsh Ministers must publish a statement stating whether they think the Framework should be revised and giving reasons. If the Framework is to be revised, the same procedures for consultation and scrutiny apply as described above.