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Planning and Compulsory Purchase Act 2004
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- 2004 c. 5
- SCHEDULE 1
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- Sch. 1 Coming into force by S.I. 2012/1100 art. 2
- specified provision(s) Appointed Day(s) by S.I. 2006/931 art. 2
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2006/101 art. 2
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- Act modified by S.I. 2005/2085 art. 4(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2008 c. 29 s. 179(1)
- s. 33A inserted by 2011 c. 20 s. 110(1)
- s. 38A-38C inserted by 2011 c. 20 Sch. 9 para. 7
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1813 art. 2 commences (2004 c. 5)
- S.I. 2004/1814 art. 2 commences (2004 c. 5)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2593 art. 2 commences (2004 c. 5)
- S.I. 2005/204 art. 3 commences (2004 c. 5)
- S.I. 2005/1229 art. 2 commences (2004 c. 5)
- S.I. 2005/2081 art. 2 commences (2004 c. 5)
- S.I. 2005/2722 art. 2 commences (2004 c. 5)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2006/842 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2006/1061 art. 2 3 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2006/1700 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/1369 art. 2 commences (2004 c. 5)
- S.I. 2007/2449 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2009/384 art. 2 commences (2004 c. 5)
- S.I. 2009/2645 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2010/321 art. 3 amendment to earlier commencing SI 2006/1061 art. 4
- S.I. 2010/321 art. 4 amendment to earlier commencing SI 2007/1369 art. 3
- S.I. 2010/2002 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2011/101 art. 1 amendment to earlier commencing SI 2005/2722
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/1023 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2371 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2447 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/10 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2008/582 art. 2 commences (2007 c. 24)
- S.I. 2008/1372 art. 2 commences (2007 c. 24)
- S.I. 2008/2162 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
- S.I. 2010/862 art. 2 commences (2008 c. 17)
- S.I. 2012/601 art. 2(c) Sch. commences (2008 c. 29)
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
- S.I. 2012/802 art. 2(c) commences (2008 c. 29)
- S.I. 2012/2029 art. 3(a) commences (2011 c. 20)
Prospective
Section 40
SCHEDULE 1E+WLocal development orders: procedure
This schedule has no associated Explanatory Notes
In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—
“SCHEDULE 4AE+WLocal development orders: procedure
PreparationE+W
1(1)A local development order must be prepared in accordance with such procedure as is prescribed by a development order.
(2)A development order may include provision as to—
(a)the preparation, submission, approval, adoption, revision, revocation and withdrawal of a local development order;
(b)notice, publicity, and inspection by the public;
(c)consultation with and consideration of views of such persons and for such purposes as are prescribed;
(d)the making and consideration of representations.
(3)Regulations under this paragraph may include provision as to the matters relating to a local development order to be included in the report to be made by a local planning authority under section 35 or 76 of the Planning and Compulsory Purchase Act 2004.
RevisionE+W
2(1)The local planning authority may at any time prepare a revision of a local development order.
(2)An authority in England must prepare a revision of a local development order—
(a)if the Secretary of State directs them to do so, and
(b)in accordance with such timetable as he directs.
(3)An authority in Wales must prepare a revision of a local development order—
(a)if the National Assembly for Wales directs them to do so, and
(b)in accordance with such timetable as it directs.
(4)If a development plan document mentioned in section 61A(1) is revised under section 26 of the Planning and Compulsory Purchase Act 2004 (revision of local planning documents) or revoked under section 25 of that Act (revocation by Secretary of State) a local development order made to implement the policies in the document must be revised accordingly.
(5)If a local development plan mentioned in section 61A(1) is revised under section 70 of the Planning and Compulsory Purchase Act 2004 (revision of local development plan) or revoked under section 68 of that Act (revocation by National Assembly for Wales) a local development order made to implement the policies in the plan must be revised accordingly.
(6)This Schedule applies to the revision of a local development order as it applies to the preparation of the order.
Order to be adoptedE+W
3A local development order is of no effect unless it is adopted by resolution of the local planning authority.
Annual reportE+W
4(1)The report made under section 35 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes.
(2)The Secretary of State may prescribe the form and content of the report as it relates to the local development order.
Annual reportE+W
5(1)The report made under section 76 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes.
(2)The National Assembly for Wales may prescribe the form and content of the report as it relates to the local development order.”
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