Section 71: Assembly's default power

Planning and Compulsory Purchase Act 2004 · 2004 c. 5View on legislation.gov.uk

Part 6: Wales

This section applies if the Assembly thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a local development plan.

The Assembly must hold an independent examination and section 64(4) to (7) applies accordingly.

The Assembly must publish the recommendations and reasons of the person appointed to hold the examination.

The Assembly may—

prepare or revise (as the case may be) the plan, and
approve the plan as a local development plan.

The Assembly must give reasons for anything it does in pursuance of subsection (4).

The authority must reimburse the Assembly for any expenditure it incurs in connection with anything—

which is done by it under subsection (4), and
which the authority failed or omitted to do as mentioned in subsection (1).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.