Search Legislation

Advanced Search

The Town and Country Planning (Local Planning) (England) Regulations 2012

Changes over time for: The Town and Country Planning (Local Planning) (England) Regulations 2012 (Schedules only)

Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Town and Country Planning (Local Planning) (England) Regulations 2012. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Regulation 30

SCHEDULE 1E+WCall-in by the Secretary of State

1.  This Schedule applies where the Secretary of State gives a direction under section 21(4) of[F1, or paragraph 8(5) of Schedule A1 to,] the Act.E+W

Textual Amendments

[F2Making available a direction given under section 21(4)]E+W

2.  The local planning authority must make a copy of the direction given under section 21(4) of the Act available in accordance with regulation 35.

Textual Amendments

[F3Provision of a copy of a direction to the local planning authority concernedE+W

2A.  Where the Secretary of State gives a direction under paragraph 8(5) of Schedule A1 to the Act, the Mayor of London[F4, combined authority or upper-tier county council] (as the case may be) must provide a copy of the direction to the local planning authority concerned and that authority must make a copy of the direction available in accordance with regulation 35.]

Textual Amendments

[F5Procedure for pre-submission local plans: direction under paragraph section 21(4)]E+W

3.—(1) If the direction under section 21(4) of the Act is given before the local planning authority submit the local plan to the Secretary of State under section 20 of the Act, the local planning authority must—

(a)unless they have already complied with section 19(5) of the Act, do so;

(b)where they are a London borough council, unless they have made a request under section 24(4)(a) of the Act, make such a request;

(c)before complying with paragraph (d)—

(i)make a copy of each of the proposed submission documents and a statement of the representations procedure available in accordance with regulation 35;

(ii)ensure that a statement of the representations procedure and a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected, is sent to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under regulation 18(1) or this paragraph (as the case may be);

(d)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired send to the Secretary of State—

(i)the sustainability appraisal report for the local plan;

(ii)a statement of the description referred to in regulation 22(1)(c);

(iii)copies of any representations made in accordance with sub-paragraph (2); and

(iv)such supporting documents as in the opinion of the local planning authority are relevant to the preparation of the local plan; and

(e)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired—

(i)if the adoption or approval of any part of the local plan would result in changes to the adopted policies map, send a map showing those changes to the Secretary of State;

(ii)make available in accordance with regulation 35 a copy of the local plan and each of the documents referred to in paragraph (d); and

(iii)send to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under regulation 18(1), notification that those documents are available for inspection and of the places and times at which they can be inspected.

(2) Any person may make representations to the local planning authority about a local plan made available pursuant to paragraph 3(1)(c) but they must be received by the local planning authority by the date specified in the statement of the representations procedure made available under that paragraph.

(3) Nothing in paragraph 3(1)(c), (d) or (e) requires a local planning authority to take any steps if they have taken an equivalent step under regulation 19, 20 or 22 before receipt of the direction under section 21(4) of the Act.

(4) The following modifications to regulation 17 apply for the purposes of this paragraph—

(a)the definition of “proposed submission documents” and the definition of “statement of the representations procedure” is each to be treated as if “which the local planning authority propose to submit to the Secretary of State” were omitted;

(b)paragraph (b) of the definition of “proposed submission documents” is to be treated as if for “if the adoption of the local plan” there were substituted “ if the adoption or approval of any part of the local plan ”;

(c)paragraph (f) of the definition of “statement of the representations procedure” is to be treated as if—

(i)sub-paragraph (i) were omitted; and

(ii)for the reference to the adoption of the local plan in sub-paragraph (iii) there were a reference to the Secretary of State's decision under section 21(9)(a) of the Act.

Textual Amendments

[F6Procedure for pre-submission local plans: direction under paragraph 8(5) of Schedule A1E+W

3A.—(1) If the direction under paragraph 8(5) of Schedule A1 to the Act is given before the Mayor of London under paragraph 2(2), [F7the combined authority under paragraph 6(2) or the upper-tier county council under paragraph 7C(2)], of Schedule A1 to the Act has held an independent examination, the Mayor of London[F8, the combined authority or the upper-tier county council] (as the case may be) must—

(a)unless they have already carried out an appraisal of the sustainability of the proposals in each development plan document, do so;

(b)before complying with paragraph (c)—

(i)provide a copy of each of the proposal documents and a statement of the representations procedure (both as defined in paragraph 2(10) of Schedule 2) to the local planning authority concerned who must make the documents and statement available in accordance with regulation 35;

(ii)provide a statement of the representations procedure and a statement of the fact that the proposal documents are available for inspection and of the places and times at which they can be inspected to the local planning authority concerned who must send both statements to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under paragraph 2(5)(b) of Schedule 2;

(c)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired send to the Secretary of State—

(i)the sustainability appraisal report for the local plan;

(ii)the statement of the representations procedure;

(iii)copies of any representations made in accordance with sub-paragraph (2); and

(iv)such supporting documents as in the opinion of the Mayor of London[F8, the combined authority or the upper-tier county council] (as the case may be) are relevant to the preparation of the local plan; and

(d)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired—

(i)if the adoption or approval of any part of the local plan would result in changes to the adopted policies map, send a map showing those changes to the Secretary of State;

(ii)provide a copy of the local plan and each of the documents referred to in paragraph (c) to the local planning authority concerned who must make the local plan and documents available in accordance with regulation 35; and

(iii)provide notification that those documents are available for inspection and of the places at times at which they can be inspected to the local planning authority concerned who must send the notification to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under paragraph 2(5)(b) of Schedule 2.

(2) Any person may make representations to the Mayor of London[F9, the combined authority or the upper-tier county council] (as the case may be) about a local plan made available pursuant to sub-paragraph (1)(b) but they must be received by the Mayor of London[F9, the combined authority or the upper-tier county council] (as the case may be) before the end of the period specified in the statement of the representations procedure made available under that sub-paragraph.]

Textual Amendments

Changes proposed by the Secretary of State to a local planE+W

4.—(1) Where the Secretary of State proposes to make a decision under section 21(9)(a) of the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under section 20 of the Act, the Secretary of State must notify the local planning authority of that fact and provide a document containing the proposed changes and the reasons for them.

[F10(1A) Where the Secretary of State proposes to make a decision under paragraph 8(6) of Schedule A1 to the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under paragraph 2(2)[F11, paragraph 6(2) or 7C(2) of Schedule A1 to the Act], the Secretary of State must notify the Mayor of London[F12, the combined authority or the upper-tier county council] (as the case may be) of that fact and provide a document containing the proposed changes and the reasons for them.

(1B) Where the Mayor of London[F13, the combined authority or the upper-tier county council] receives notice under sub-paragraph (1A), the Mayor of London[F13, the combined authority or the upper-tier county council] (as the case may be) must provide the notice and document referred to under sub-paragraph (1A) to the local planning authority concerned.]

(2) As soon as reasonably practicable after receipt of notice under sub-paragraph (1) [F14or (1B)] the local planning authority must—

(a)make copies of the proposed changes, the reasons and a statement of the matters in sub-paragraph (3) available in accordance with regulation 35;

(b)send copies of the proposed changes and the reasons to the bodies in sub-paragraph (4) and notify these bodies of the matters in sub-paragraph (3); and

(c)make available in accordance with regulation 35 details of where the proposed changes and the reasons are available for inspection and the places and times at which they can be inspected.

(3) The matters referred to in sub-paragraph (2) are—

(a)the date by which representations on the proposed changes must be made (being not less than 6 weeks from the date on which the local planning authority complies with sub-paragraph (2));

(b)the address to which representations must be sent; and

(c)a statement that any representations made may be accompanied by a request to be notified of the Secretary of State's decision under section 21(9)(a) of[F15, or paragraph 8(6) of Schedule A1 to,] the Act.

(4) The bodies referred to in sub-paragraph (2)(b) are—

(a)each of the specific consultation bodies to the extent that the Secretary of State thinks the proposed changes affect the body; and

(b)such of the general consultation bodies as the Secretary of State considers appropriate.

Textual Amendments

Representations on proposed changesE+W

5.—(1) Any person may make representations on the proposed changes made available pursuant to paragraph 4(2) of this Schedule.

(2) Any such representations must be received at the address, and by the date, specified pursuant to paragraph 4(3) of this Schedule.

(3) Before the Secretary of State approves, approves with specified modifications or rejects a local plan or part of it under section 21(9)(a) of[F16, or paragraph 8(6) of Schedule A1 to,] the Act, the Secretary of State must consider any representations made in accordance with this paragraph.

Textual Amendments

Publication of the recommendations of the person appointed to carry out the independent examinationE+W

6.  As soon as reasonably practicable after the Secretary of State publishes the recommendations of the independent examiner in accordance with section 21(6) of[F17, or paragraph 9(6) of Schedule A1 to,] the Act, the local planning authority[F18, and the Mayor of London[F19, combined authority or upper-tier county council] (as the case may be) where the independent examination is held under paragraph 2(2)[F20, 6(2) or 7C(2) of Schedule A1 to the Act] ,] must—

(a)make the recommendations and reasons of the person appointed to carry out the independent examination available in accordance with regulation 35; and

(b)give notice to those persons who requested to be notified of the publication of those recommendations that they have been published.

Textual Amendments

Secretary of State's decisionE+W

7.  As soon as reasonably practicable after the Secretary of State approves, approves subject to specified modifications or rejects a local plan or part of it in accordance with section 21(9)(a) of[F21, or paragraph 8(6) of Schedule A1 to,] the Act, the local planning authority[F22, and the Mayor of London[F23, combined authority or upper-tier county council] (as the case may be) where the decision in this paragraph is made under paragraph 8(6) of Schedule A1 to the Act,] must—

(a)make available in accordance with regulation 35—

(i)the local plan and the reasons given by the Secretary of State pursuant to section 21(9)(b) of[F24, or paragraph 8(6) of Schedule A1 to,] the Act,

(ii)a copy of the decision statement,

(iii)a statement of the fact that the local plan and a copy of the Secretary of State's reasons are available for inspection and the places where and times when the document and reasons can be inspected, and

(b)send a copy of the decision statement to any person who has asked to be notified of the Secretary of State's decision under section 21(9)(a) of[F21, or paragraph 8(6) of Schedule A1 to,] the Act.

Textual Amendments

Removal of documents after rejection of a local planE+W

8.—(1) This paragraph applies where—

(a)the Secretary of State rejects a local plan under section 21(9)(a) of[F25, or paragraph 8(6) of Schedule A1 to,] the Act; or

(b)the Secretary of State rejects part of a local plan under section 21(9)(a) of[F25, or paragraph 8(6) of Schedule A1 to,] the Act and the local planning authority decide not to proceed with the remainder.

(2) The local planning authority must, as soon as reasonably practicable after the end of the period specified in sub-paragraph (3), cease to make available any documents relating to the local plan.

(3) The period mentioned in sub-paragraph (2) is—

(a)in the circumstances mentioned in sub-paragraph (1)(a), 3 months from the date of the Secretary of State's rejection of the local plan; or

(b)in the circumstances mentioned in sub-paragraph (1)(b), 3 months from the date of the local planning authority's decision.

Textual Amendments

Regulation 31

SCHEDULE 2E+W [F26The relevant authority’s] default power

Textual Amendments

[F271.—(1) This Schedule applies where—E+W

(a)the Secretary of State prepares a local plan under section 27 of the Act;

(b)the Mayor of London prepares a local plan under paragraph 1 of Schedule A1 to the Act; F28...

(c)a combined authority prepares a local plan under paragraph 5 of Schedule A1 to the ActF29...[F30; or]

[F31(d)an upper-tier county council prepares a local plan under paragraph 7B of Schedule A1 to the Act.]

(2) In this Schedule, “the relevant authority” means a person or body which prepares a local plan in the circumstances mentioned in sub-paragraph (1)(a), (b) [F32, (c) or (d)].]

Textual Amendments

2.—(1) The [F33relevant authority] must comply with section 19(2) of the Act as if—E+W

(a)the duty imposed on the local planning authority were imposed on the [F33relevant authority];

(b)references in section 19(2)(b) to (h) to the local planning authority (in whatever terms) were references to the local planning authority in question; and

(c)section 19(2)(j) referred to the matters prescribed under regulation 10, treating the references to the local planning authority (in whatever terms) in regulation 10 as references to the local planning authority in question.

(2) The [F34relevant authority] must comply, to the extent (if any) that the [F34relevant authority] considers appropriate, with section 19(3) of the Act as if the reference to the local planning authority (in whatever terms) were a reference to the [F34relevant authority] and the reference to their statement of community involvement were a reference to the statement of community involvement of the local planning authority in question.

(3) The [F35relevant authority] must comply with section 19(5) of the Act as if the reference to the local planning authority (in whatever terms) were a reference to the [F35relevant authority] and as if the reference to each document were a reference to the local plan.

(4) [F36Where the Secretary of State prepares a local plan under section 27 of the Act] if the local planning authority in question is a London borough council, the Secretary of State must request the opinion of the Mayor of London as to the general conformity of the local plan with the London spatial development strategy.

(5) Before holding an independent examination of the local plan under [F37section 27(2) of, or paragraphs 2(2) or 6(2) of Schedule A1 to, the Act as the case may be], the [F38relevant authority] must—

(a)notify each of the bodies or persons specified in sub-paragraph (6) of the subject of the local plan which the [F38relevant authority] proposes to prepare;

(b)invite each of them to make representations to the [F38relevant authority] about what the local plan with that subject ought to contain;

(c)take into account any representation made to the [F38relevant authority] in response to those invitations;

(d)make a copy of each of the proposal documents and a statement of the representations procedure available during normal office hours, at such places as the [F38relevant authority] considers appropriate, and

(e)ensure that a statement of the representations procedure and a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected, is sent to each of the bodies or persons which are invited to make representations under paragraph (b).

(6) The bodies or persons referred to in sub-paragraph (5)(a) are—

(a)such of the specific consultation bodies (in relation to the area of the local planning authority in question) as the [F39relevant authority] considers may have an interest in the subject of the proposed local plan;

(b)such of the general consultation bodies (in relation to the area of the local planning authority in question) as the [F39relevant authority] considers appropriate; and

(c)such residents or other persons carrying on business in the area of the local planning authority in question from which the [F39relevant authority] considers it appropriate to invite representations.

(7) Where the [F40relevant authority] makes available a local plan for the making of representations prior to the holding of an independent examination under [F41section 27(2) of, or paragraphs 2(2) or 6(2) of Schedule A1 to, the Act as the case may be], any person may make representations in relation to the local plan but any such representation must be received by the [F40relevant authority] by the date specified in the statement of the representations procedure.

(8) Where the [F42relevant authority] holds an independent examination under [F43section 27(2) of, or paragraphs 2(2) or 6(2) of Schedule A1 to, the Act as the case may be], at least 6 weeks before the opening of a hearing the [F42relevant authority] must—

(a)make the matters mentioned in sub-paragraph (9) available in accordance with regulation 35; and

(b)notify any body or person who has made a representation in accordance with sub-paragraph (5) and not withdrawn that representation, of those matters.

(9) The matters referred to in sub-paragraph (8) are—

(a)the date, time and place at which the hearing is to be held, and

(b)the name of the person appointed to carry out the independent examination.

(10) For the purposes of this paragraph—

“proposal documents” means the following documents—

(a)

the local plan for which the [F44relevant authority] proposes to hold an independent examination;

(b)

if the approval of the local plan would result in changes to the adopted policies map, a map showing how the adopted policies map of the local planning authority would be amended by the local plan, if it were approved;

(c)

the sustainability appraisal report of the local plan prepared in accordance with section 19(5) of the Act (as modified by sub-paragraph (3));

(d)

a statement setting out—

(i)

which bodies and persons were invited to make representations under sub-paragraph (5)(b);

(ii)

how those bodies and persons were invited to make such representations;

(iii)

a summary of the main issues raised by those representations; and

(iv)

how those main issues have been addressed in the local plan; and

(e)

such supporting documents as in the opinion of the [F44relevant authority] are relevant to the preparation of the local plan;

“statement of the representations procedure” means a statement specifying—

(a)

the title of the local plan for which the [F44relevant authority] proposes to hold an independent examination;

(b)

the subject matter of, and the area covered by, the local plan;

(c)

the date by which representations about the local plan must be received, by the [F44relevant authority], which must be not less than 6 weeks from the day on which the statement is published;

(d)

the address to which representations about that document must be made;

(e)

that representations may be made in writing or by way of electronic communications; and

(f)

that representations may be accompanied by a request to be notified at a specified address of any of the following—

(i)

the publication of the recommendations of the person appointed to carry out an independent examination of the local plan, and

(ii)

the adoption of the local plan.

Textual Amendments

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources