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Planning and Compulsory Purchase Act 2004

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19Preparation of local development documentsE+W

This section has no associated Explanatory Notes

(1)[F1 Development plan documents ] must be prepared in accordance with the local development scheme.

[F2(1A)Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.]

(2)In preparing a local development document the local planning authority must have regard to—

(a)national policies and advice contained in guidance issued by the Secretary of State;

[F3(aa)the local development documents which are to be development plan documents;]

(b)[F4 the regional strategy ] for the region in which the area of the authority is situated, if the area is outside Greater London;

(c)the spatial development strategy if the authority are a London borough or if any part of the authority’s area adjoins Greater London;

(d)[F5 the regional strategy ] for any region which adjoins the area of the authority;

(e)the [F6Wales Spatial Plan] [F6National Development Framework for Wales,] if any part of the authority’s area adjoins Wales;

F7(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)any other local development document which has been adopted by the authority;

(i)the resources likely to be available for implementing the proposals in the document;

(j)such other matters as the Secretary of State prescribes.

(3)In preparing the [F9 local development documents (other than their statement of community involvement) ] the authority must also comply with their statement of community involvement.

(4)But subsection (3) does not apply at any time before the authority have adopted their statement of community involvement.

(5)The local planning authority must also—

(a)carry out an appraisal of the sustainability of the proposals in each [F10 development plan document];

(b)prepare a report of the findings of the appraisal.

(6)The Secretary of State may by regulations make provision—

(a)as to any further documents which must be prepared by the authority in connection with the preparation of a local development document;

(b)as to the form and content of such documents.

F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1Words in s. 19(1) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(a), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F2S. 19(1A) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 182, 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F3Words in s. 19(2) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F6Words in s. 19(2)(e) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 24

F7S. 19(2)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F8S. 19(2)(g) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F9Words in s. 19(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F10Words in s. 19(5) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(d), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F11S. 19(7) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

Commencement Information

I1S. 19 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2S. 19 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

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