Planning and Compulsory Purchase Act 2004 (c. 5)

Part 2 E+W Local development

Development schemes E+W

15 Local development scheme E+W

(1) The local planning authority must prepare and maintain a scheme to be known as their local development scheme.

(2) The scheme must specify—

(a) the documents which are to be local development documents;

(b) the subject matter and geographical area to which each document is to relate;

(c) which documents are to be development plan documents;

(d) which documents (if any) are to be prepared jointly with one or more other local planning authorities;

(e) any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 29;

(f) the timetable for the preparation and revision of the documents;

(g) such other matters as are prescribed.

(3) The local planning authority must —

(a) prepare the scheme in accordance with such other requirements as are prescribed;

(b) submit the scheme to the Secretary of State at such time as is prescribed or as the Secretary of State (in a particular case) directs;

(c) at that time send a copy of the scheme to the RPB or (if the authority are a London borough) to the Mayor of London.

(4) The Secretary of State may direct the local planning authority to make such amendments to the scheme as he thinks appropriate.

(5) Such a direction must contain the Secretary of State’s reasons for giving it.

(6) The local planning authority must comply with a direction given under subsection (4).

(7) The Secretary of State may make regulations as to the following matters—

(a) publicity about the scheme;

(b) making the scheme available for inspection by the public;

(c) requirements to be met for the purpose of bringing the scheme into effect.

(8) The local planning authority must revise their local development scheme—

(a) at such time as they consider appropriate;

(b) when directed to do so by the Secretary of State.

(9) Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.

Modifications etc. (not altering text)

C1 S. 15 applied (with modifications) (7.7.2005) by North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), arts. 1(2), 4(2)

Commencement Information

I1 S. 15 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2 S. 15 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

16 Minerals and waste development scheme E+W

(1) A county council in respect of any part of their area for which there is a district council must prepare and maintain a scheme to be known as their minerals and waste development scheme.

(2) Section 15 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals and waste development scheme as it applies in relation to a local development scheme.

(3) This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose—

(a) references to a local development scheme include references to a minerals and waste development scheme;

(b) references to a local planning authority include references to a county council.

(4) But subsection (3) does not apply to—

(a) section 17(3);

(b) section 24(1)(b), (4) and (7);

(c) the references in section 24(5) to subsection (4) and the Mayor;

(d) sections 29 to 31.

Commencement Information

I3 S. 16 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I4 S. 16 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)