Commentary on Sections Part 3 Development Planning Section 13 – Withdrawal of Local Development Plan
52.This section replaces section 66 of the PCPA 2004 with new sections 66 and 66A.
53.The effect of the new section 66 is that the Welsh Ministers have power to direct a local planning authority to withdraw its local development plan at any time before the plan is adopted. The Welsh Ministers must give reasons for the direction.
54.The new section 66A of the PCPA 2004 sets out how a local development plan can be withdrawn if there is no direction from the Welsh Ministers. Section 66A(3)(a) provides that where the Welsh Ministers have directed a local planning authority to submit the local development plan to them for approval in accordance with section 65(4) (which may be at any time before a local development plan is adopted) a local planning authority may not withdraw the plan.
55.Similarly, a local development plan may not be withdrawn by a local planning authority if the Welsh Minsters have taken any step relating to the plan under section 71 (Welsh Ministers’ intervention powers). Section 71 applies if the Welsh Ministers think that a local planning authority are failing or omitting to do anything which is necessary in connection with the preparation, revision or adoption of a local development plan. The steps that may be taken by the Welsh Ministers in accordance with section 71 include holding an independent examination (in relation to which section 64(4) to (7) apply), preparing, revising and approving a local development plan (see subsection ( 3) (b)).
56.After a local development plan has been submitted for independent examination, it can be withdrawn only on the recommendation of the examiner and if the Welsh Ministers have not overruled this recommendation (see subsection (4)).
57.A local planning authority may withdraw a plan which has reached a stage specified in regulations (e.g. publication of pre deposit proposals or deposit plan or another stage in the development of the plan) and which has not yet been submitted for examination, only if the local planning authority have given notice of their intention to withdraw their plan to the Welsh Ministers and the notice period relating to notification to withdraw has expired (see subsections (5) and (6)). The notice period for withdrawal is specified in regulations, see subsection (9).
58.On receipt of notification by the Welsh Ministers of a local planning authority’s intention to withdraw a plan, the Welsh Ministers may direct the authority to provide further information and/or may extend the notice period (see sub-section (7)).
59.Provision may be included in regulations made by the Welsh Ministers about the giving of notice of intention to withdraw a local development plan (see subsection (8)).