Part 2 E+WLocal development

Modifications etc. (not altering text)

C1 Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))

Documents E+W

23 Adoption of local development documents E+W

(1) The local planning authority may adopt a local development document (other than a development plan document) either as originally prepared or as modified to take account of—

(a) any representations made in relation to the document;

(b) any other matter they think is relevant.

[F1 (2)If the person appointed to carry out the independent examination of a development plan document recommends that it is adopted, the authority may adopt the document—

(a) as it is, or

(b) with modifications that (taken together) do not materially affect the policies set out in it.

(2A) Subsection (3) applies if the person appointed to carry out the independent examination of a development plan document—

(a) recommends non-adoption, and

(b) under section 20(7C) recommends modifications (“the main modifications”).

(3) The authority may adopt the document—

(a) with the main modifications, or

(b) with the main modifications and additional modifications if the additional modifications (taken together) do not materially affect the policies that would be set out in the document if it was adopted with the main modifications but no other modifications.]

(4) The authority must not adopt a development plan document unless they do so in accordance with subsection (2) or (3).

(5) A document is adopted for the purposes of this section if it is adopted by resolution of the authority.

Textual Amendments

F1 S. 23(2)-(3) substituted for s. 23(2)(3) (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(3), 240(1)(h) (with ss. 112(6), 144)

Commencement Information

I1 S. 23 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)