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The Town and Country Planning (Local Development) (England) Regulations 2004

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PART 4FORM AND CONTENT OF LOCAL DEVELOPMENT DOCUMENTS AND REGARD TO BE HAD TO CERTAIN MATTERS

Form and content of local development documents: general

13.  (1)  Subject to paragraph (9), an LDD must contain a reasoned justification of the policies contained in it.

(2) Subject to paragraph (9), those parts of an LDD which comprise the policies of the LDD and those parts which comprise the reasoned justification required by paragraph (1) must be clearly identified.

(3) An LDD must contain—

(a)a title which must–

(i)name the local planning authority by which the LDD is prepared, and

(ii)indicate whether the document is a DPD or a SPD; and

(b)a sub-title which must indicate–

(i)the subject matter of the document, and

(ii)the date on which the document is adopted.

(4) Subject to paragraph (9), and only if it includes a site allocation policy, a DPD must include a submission proposals map showing the changes which will result to the adopted proposals map if the DPD is adopted.

(5) Where a DPD contains a policy that is intended to supersede another policy, it must state that fact and identify the superceded policy.

(6) Subject to paragraphs (7), (9) and (10), the policies contained in a DPD must be in conformity with either—

(a)where a core strategy has been adopted, the policies in the core strategy, or

(b)in any other case, the policies in the development plan as referred to in paragraph 1(1)(b) of Schedule 8 to the Act.

(7) Paragraph (6) does not apply in a case falling within paragraph (b) of that paragraph where the policies in the DPD are intended to supersede an old policy as defined in paragraph 1(4) of Schedule 8 to the Act.

(8) The policies in an SPD must be in conformity with–

(a)the policies in the core strategy,

(b)the policies in any other DPD, or

(c)if neither paragraph (a) nor (b) applies, an old policy.

(9) Paragraphs (1), (2), (4) and (6) do not apply to the submission proposals map or the adopted proposals map.

(10) Paragraph (6) does not apply to the core strategy.

Form and content of local development documents: specific

14.  (1)  The adopted proposals map must be comprised of or contain a map of the local planning authority’s area which must–

(a)be reproduced from, or based on, an Ordnance Survey map;

(b)show National Grid lines and reference numbers; and

(c)include an explanation of any symbol or notation which it uses.

(2) The adopted proposals map may contain a map, called an inset map, which must–

(a)comply with the requirements in paragraph 1(a) to (c);

(b)be drawn to a larger scale than the map referred to in paragraph (1); and

(c)show the application of the local planning authority’s policies to part of the authority’s area.

(3) Where the adopted proposals map includes an inset map–

(a)the area covered by the inset map must be identified on the map referred to in paragraph (2), and

(b)the application of the local planning authority’s policies to that area must be shown on the inset map only.

(4) When the adopted proposals map is first adopted it must illustrate geographically the application of–

(a)the policies in any DPD adopted at the same time, and

(b)an old policy which applies at that time.

Local development documents: additional matters to which regard to be had

15.  (1)  The matters (additional to those specified in section 19(2)(a) to (i)) prescribed for the purposes of section 19(2) are–

(a)the strategy prepared under section 7 of the Regional Development Agencies Act 1998(1) for the region in which the area of the local planning authority is situated;

(b)any local transport plan, the policies of which affect any part of the local planning authority’s area;

(c)any other policies prepared under section 108(1) and (2) of the Transport Act 2000 which affect any part of the local planning authority’s area(2);

(d)the objectives of preventing major accidents and limiting the consequences of such accidents;

(e)the need–

(i)in the long term, to maintain appropriate distances between establishments and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest, and

(ii)in the case of existing establishments, for additional technical measures in accordance with Article 5 of Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances(3) so as not to increase the risks to people

(f)the national waste strategy;

(g)where a local planning authority’s area or part of the area adjoins Scotland, the National Planning Framework for Scotland, published by the Scottish Executive in April 2004.

(2) Expressions appearing both in paragraph (1) and in Council Directive 96/82/EC (as amended by Council Directive 2003/105/EC(4)) have the same meaning as in that Directive.

(3) In paragraph 1(b) “local transport plan” has the same meaning as in section 108(3) of the Transport Act 2000.

(3)

O.J. No. L10, 14.1.1997, p. 13.

(4)

O.J. No. L345, 31.12.2003, p. 0097-0105.

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