Planning Policy Wales - Brecon Beacons National Park
Planning Policy Wales - Brecon Beacons National Park
Planning Policy Wales - Brecon Beacons National Park
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2.1 A plan-led system 1<br />
2.1.1 In <strong>Wales</strong>, every local planning authority must prepare a local development plan (LDP) for its<br />
area 2 . The LDP will be the statutory development plan for the local planning authority area (i.e. of<br />
the county or county borough council and national park authority). On adoption it will supersede the<br />
existing development plan which will be either the adopted unitary development plan, structure or<br />
local plan(s).<br />
2.1.2 LDPs should provide a firm basis for rational and consistent decisions on planning<br />
applications and appeals. Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004<br />
requires that, if regard is to be had to the development plan for the purposes of any determination<br />
to be made under the <strong>Planning</strong> Acts, the determination must be made in accordance with the<br />
plan unless material considerations indicate otherwise. Conversely, applications that are not in<br />
accordance with relevant policies in the plan should not be allowed unless material considerations<br />
justify the grant of planning permission.<br />
2.1.3 LDPs should be clear and concise, setting out a vision-based strategy for the plan area that<br />
has regard to the <strong>Wales</strong> Spatial Plan. Local policies likely to provide the basis for determining<br />
planning decisions, or for determining conditions to be attached to planning permissions, should be<br />
set out in the LDP. Policies on non-land use matters should not be included.<br />
2.1.4 It is for each local planning authority to determine the content of the LDP for its area,<br />
in accordance with the legislation and having regard to national policy and to local circumstances.<br />
However, national planning policies in <strong>Planning</strong> <strong>Policy</strong> <strong>Wales</strong> and Minerals <strong>Planning</strong> <strong>Policy</strong><br />
<strong>Wales</strong> should not be repeated. Instead the LDP should explain how they apply to the local area.<br />
(See Section 2.7)<br />
2.1.5 Local planning authorities must ensure that they have sufficient information on which to base<br />
sound LDP strategies and policies and development control decisions.<br />
2.1.6 LDP strategies and policies must be kept up to date so as to support the objectives of the<br />
plan-led system to provide certainty, rational and consistent decisions and a reduction in the number<br />
of misconceived planning applications and appeals. Annual monitoring and regular review are<br />
mandatory 3 .<br />
2.1.7 LDPs should give developers and the public certainty about the type of development<br />
that will be permitted at a given location. If the strategy, policies or proposals contained in the<br />
emerging LDP appear to conflict with national policy and appear not to be justified by robust<br />
evidence of local circumstances, the Assembly Government will draw this to the attention of the<br />
local planning authority at the pre-deposit and deposit stages. The examination into the LDP will<br />
consider the soundness of the plan and as part of this process the appointed Inspector will consider<br />
the representations of the Assembly Government. As a final resort, the Assembly Government will<br />
consider intervening in the plan process by means of its powers to direct modifications to the plan<br />
18<br />
<strong>Planning</strong> <strong>Policy</strong> <strong>Wales</strong> Edition 3 - July 2010 - Chapter 2 Development Plans