The Conservation of Habitats and Species Regulations 2017

Interpretation of Chapter 8

Interpretation of Chapter 8

111.—(1) In this Chapter—

“the 1999 Act” means the Greater London Authority Act 1999(1);

“the 2004 Planning Act” means the Planning and Compulsory Purchase Act 2004(2);

“the 2005 Order” means the Planning and Compulsory Purchase Act 2004 (Commencement No. 3 and Consequential and Transitional Provisions) (Wales) Order 2005(3);

“land use plan” means—

(a)

the spatial development strategy under section 334 of the 1999 Act (the spatial development strategy);

(b)

a local development document as provided for in Part 2 of the 2004 Planning Act (local development) other than a statement of community involvement under section 18 of that Act (statement of community involvement)(4);

(c)

a local development plan as provided for in Part 6 of the 2004 Planning Act (Wales);

(d)

the Wales Spatial Plan under section 60 of the 2004 Planning Act (national development framework for Wales)(5);

(e)

an alteration or replacement of a structure plan, unitary development plan, local plan, minerals local plan, or waste local plan under Part 2 of the TCPA 1990 (development plans)(6) to the extent permitted by Schedule 8 to the 2004 Planning Act (transitional provisions); or

(f)

(in England) a neighbourhood development plan as defined in section 38A of the 2004 Planning Act (neighbourhood development plans)(7).

“plan-making authority” means—

(a)

the Mayor of London when exercising powers under section 341(1) or (2) of the 1999 Act (alteration or replacement);

(b)

an authority which, by virtue of Part 1 of the TCPA 1990 (planning authorities) or an order under section 29(2) of the 2004 Planning Act (joint committees), is a local planning authority;

(c)

the Secretary of State when exercising powers under—

(i)

section 21 or section 27 of the 2004 Planning Act (intervention by the Secretary of State, Secretary of State’s default power, respectively); or

(ii)

section 19, section 35A(4) or section 45 of the TCPA 1990 (approval of a unitary development plan, calling in of proposal for approval by the Secretary of State, approval of proposals by the Secretary of State, respectively)(8) to the extent permitted by Schedule 8 to the 2004 Planning Act;

(d)

the Welsh Ministers when exercising powers under—

(i)

section 60(3), section 65 or section 71(4) of the 2004 Planning Act (national development framework for Wales, intervention by Assembly, Assembly’s default power, respectively); or

(ii)

section 19 of the TCPA 1990 to the extent permitted by article 4 of the 2005 Order; or

(e)

(in England) the local planning authority when exercising powers under Schedule 4B to the TCPA 1990 (as applied by section 38A(3) of the 2004 Planning Act).

(2) References in this Chapter to giving effect to a land use plan are to—

(a) the approval, under section 21(9) or 27(4) of the 2004 Planning Act, of a local development document;

(b) the adoption, under section 23 of the 2004 Planning Act (adoption of local development documents), of a local development document other than a statement of community involvement under section 18 of that Act;

(c) the publication, under section 341 of the 1999 Act, of alterations of the spatial development strategy or a new spatial development strategy to replace it;

(d) the publication, under section 60 of the 2004 Planning Act, of a revision of the Wales Spatial Plan;

(e) the adoption, under section 67 of the 2004 Planning Act (adoption of local development plan), of a local development plan;

(f) the approval, under section 65(9) or 71(4) of the 2004 Planning Act, of a local development plan;

(g) the adoption, under section 35(1) (adoption of proposals), or approval under section 35A(4) of the TCPA 1990, of an alteration or replacement of a structure plan to the extent permitted by paragraph 2(2) of Schedule 8 to the 2004 Planning Act;

(h) the adoption, under section 15 (adoption of unitary development plans by local planning authority)(9) and that provision as applied by section 21(2) (alteration or replacement of unitary development plans)(10) of the TCPA 1990, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4 of Schedule 8 to the 2004 Planning Act;

(i) the approval, under section 19 and that provision as applied by section 21(2) of the TCPA 1990, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4 of Schedule 8 to the 2004 Planning Act;

(j) the adoption, under section 43 (adoption of proposals)(11) or approval under section 45 of the TCPA 1990, of an alteration or replacement of a local plan, minerals local plan or waste local plan to the extent permitted by paragraph 9, 10 or 14 of Schedule 8 to the 2004 Planning Act;

(k) the adoption, under section 15 of the TCPA 1990, of a unitary development plan to the extent permitted by article 4 of the 2005 Order;

(l) the approval, under section 19 of the TCPA 1990, of a unitary development plan to the extent permitted by article 4 of the 2005 Order; or

(m) (in England) the holding of a referendum in accordance with paragraph 12(4) of Schedule 4B to the TCPA 1990 (as applied by section 38A(3) of the 2004 Planning Act).

(1)

1999 c. 29.

(2)

2004 c. 5.

(3)

S.I. 2005/1229 (W.87) (C.56), amended by S.I. 2005/2722 (W.193) (C.110).

(4)

Section 18 was amended by the Planning Act 2008 (c. 29), section 180(1) and (4) and Schedule 13; the Localism Act 2011 (c. 20), Schedule 12, paragraphs 27 and 28; and the Neighbourhood Planning Act 2017 (c. 20), sections 6(1) to (3) and 13(1) and (2).

(5)

Section 60 was substituted by the Planning (Wales) Act 2015 (anaw 4), section 3; and amended by the Environment (Wales) Act 2016 (anaw 3), Schedule 2, Part 1, paragraph 8(1) and (2).

(6)

Sections 32 to 40 in Part 2 of the TCPA 1990 were substituted by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph; Part 2 of the TCPA 1990 was repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

(7)

Section 38A was inserted by the Localism Act 2011 (c. 20), Schedule 9, paragraphs 5 and 7.

(8)

Section 35A was inserted by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph 17; and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

(9)

Section 15(1) was substituted by the Planning and Compensation Act 1991, Schedule 4, paragraph 6; and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

(10)

Section 21 was amended by the Planning and Compensation Act 1991, Schedule 4, paragraph 12 and Schedule 19; and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

(11)

Section 43 was amended by the Planning and Compensation Act 1991, Schedule 4, paragraph 19(1); and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.