xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S

Planning and Compulsory Purchase Act 2004

2004 CHAPTER 5

An Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land.

[13th May 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

Part 1E+WRegional functions

Modifications etc. (not altering text)

Spatial strategyE+W

F11Regional Spatial StrategyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 1 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2S. 1 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

Planning bodiesE+W

F12Regional planning bodiesE+W

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Textual Amendments

Commencement Information

I3S. 2 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I4S. 2 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

F13RPB: general functionsE+W

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Textual Amendments

Commencement Information

I5S. 3 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I6S. 3 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

F14Assistance from certain local authoritiesE+W

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Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I7S. 4 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(a)

F1[F24A]Delegation of RPB functions to regional development agenciesE+W

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RSS revisionE+W

F15RSS: revisionE+W

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Textual Amendments

Commencement Information

I8S. 5 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I9S. 5 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

F16RSS: community involvementE+W

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Textual Amendments

Commencement Information

I10S. 6 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(a)

F17RSS: Secretary of State’s functionsE+W

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Textual Amendments

Commencement Information

I11S. 7 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(a)

F18RSS: examination in publicE+W

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Textual Amendments

Commencement Information

I12S. 8 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I13S. 8 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

F19RSS: further procedureE+W

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Textual Amendments

Commencement Information

I14S. 9 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(a)

F110Secretary of State: additional powersE+W

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Textual Amendments

Commencement Information

I15S. 10 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I16S. 10 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

SupplementaryE+W

F111RegulationsE+W

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Textual Amendments

Commencement Information

I17S. 11 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I18S. 11 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

F112SupplementaryE+W

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Textual Amendments

Commencement Information

I19S. 12 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I20S. 12 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)

Part 2E+WLocal development

Modifications etc. (not altering text)

SurveyE+W

13Survey of areaE+W

(1)The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development.

(2)These matters include—

(a)the principal physical, economic, social and environmental characteristics of the area of the authority;

(b)the principal purposes for which land is used in the area;

(c)the size, composition and distribution of the population of the area;

(d)the communications, transport system and traffic of the area;

(e)any other considerations which may be expected to affect those matters;

(f)such other matters as may be prescribed or as the Secretary of State (in a particular case) may direct.

(3)The matters also include—

(a)any changes which the authority think may occur in relation to any other matter;

(b)the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.

(4)The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority.

(5)In exercising a function under subsection (4) a local planning authority must consult with the local planning authority for the neighbouring area in question.

(6)If a neighbouring area is in Wales references to the local planning authority for that area must be construed in accordance with Part 6.

Commencement Information

I21S. 13 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I22S. 13 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

14Survey of area: county councilsE+W

(1)A county council in respect of so much of their area for which there is a district council must keep under review the matters which may be expected to affect development of that area or the planning of its development in so far as the development relates to a county matter.

(2)Subsections (2) to (6) of section 13 apply for the purposes of subsection (1) as they apply for the purposes of that section; and references to the local planning authority must be construed as references to the county council.

(3)The Secretary of State may by regulations require or (in a particular case) may direct a county council to keep under review in relation to so much of their area as is mentioned in subsection (1) such of the matters mentioned in section 13(1) to (4) as he prescribes or directs (as the case may be).

(4)For the purposes of subsection (3)—

(a)it is immaterial whether any development relates to a county matter;

(b)if a matter which is prescribed or in respect of which the Secretary of State gives a direction falls within section 13(4) the county council must consult the local planning authority for the area in question.

(5)The county council must make available the results of their review under subsection (3) to such persons as the Secretary of State prescribes or directs (as the case may be).

(6)References to a county matter must be construed in accordance with paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).

Commencement Information

I23S. 14 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I24S. 14 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F3RegisterE+W

Textual Amendments

F3S. 14A and cross-heading inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 151(1), 216(1)(d)

14ARegister of landE+W

(1)The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which—

(a)is of a prescribed description, or

(b)satisfies prescribed criteria.

(2)The regulations may require the register to be kept in two or more parts.

A reference to the register in the following subsections includes a reference to a prescribed part of the register.

(3)The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which—

(a)is of a prescribed description or satisfies prescribed criteria, and

(b)is not required by the regulations to be entered in the register.

(4)The regulations may—

(a)require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register;

(b)specify descriptions of land that are not to be entered in the register;

(c)confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it;

(d)require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so;

(e)specify information to be included in the register;

(f)make provision about revising the register.

(5)The regulations may specify a description of land by reference to a description in national policies and advice.

(6)The regulations may confer power on the Secretary of State to require a local planning authority—

(a)to prepare or publish the register, or to bring the register up to date, by a specified date;

(b)to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register.

In this subsection “specified” means specified by the Secretary of State.

(7)In exercising their functions under the regulations, a local planning authority must have regard to—

(a)the development plan;

(b)national policies and advice;

(c)any guidance issued by the Secretary of State for the purposes of the regulations.

(8)In this section “national policies and advice” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).]

Development schemesE+W

15Local development schemeE+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—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(aa)the local development documents which are to be development plan documents;]

(b)the subject matter and geographical area to which each [F6development plan document] is to relate;

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)which [F8development plan 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 [F9development plan documents];

(g)such other matters as are prescribed.

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(3A)If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may—

(a)prepare a local development scheme for the authority, and

(b)direct the authority to bring that scheme into effect.]

(4)The Secretary of State [F12or the Mayor of London] may direct the local planning authority to make such amendments to the scheme as he thinks appropriate [F13for the purpose of ensuring [F14full and effective coverage (both geographically and with regard to subject matter)] of the authority's area by the development plan documents (taken as a whole) for that area].

[F15(4A)The Mayor of London—

(a)may give a direction under subsection [F16(3A) or] (4) only if the local planning authority are a London borough, and

(b)in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State.]

(5)[F17A direction under subsection [F18(3A) or] (4)] must contain the Secretary of State’s [F19, or (as the case may be) the Mayor of London's,] reasons for giving it.

(6)The local planning authority must comply with a direction given under subsection [F20(3A) or] (4). [F21In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E).]

[F22(6A)If at any time the Mayor of London gives a direction under subsection [F23(3A) or] (4)—

(a)he must at that time send a copy of the direction to the Secretary of State, and

(b)[F24effect is not to be given to the direction] until such time as may be prescribed.

(6B)The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

(a)to disregard a direction given under subsection [F25(3A) or] (4) by the Mayor of London, or

(b)to give effect to the direction with such modifications as may be specified in the Secretary of State's direction.

(6C)Such a direction must contain the Secretary of State's reasons for giving it.

(6D)If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(6E)The local planning authority must comply with any direction given by the Secretary of State under subsection (6B).]

[F26(7)To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have 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 [F27or the Mayor of London]. [F28In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F).]

[F29(8A)The Mayor of London—

(a)may give a direction under subsection (8) only if the local planning authority are a London borough, and

(b)in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State.

[F30(8AA)A direction may be given under subsection (8)(b) only if [F31

(a)]the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring [F32full and effective coverage (both geographically and with regard to subject matter)] of the authority's area by the development plan documents (taken as a whole) for that area.

[F33, or

(b)the Secretary of State has published data standards under section 36(3) which apply to the local development scheme and the person giving the direction thinks that the scheme should be revised so that it complies with the standards.]]

(8B)If at any time the Mayor of London gives a direction under subsection (8)(b)—

(a)he must at that time send a copy of the direction to the Secretary of State, and

(b)the scheme is not to be revised until such time as may be prescribed.

(8C)The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London.

(8D)Such a direction must contain the Secretary of State's reasons for giving it.

(8E)If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(8F)The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).]

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

[F34(9A)The local planning authority must make the following available to the public—

(a)the up-to-date text of the scheme,

(b)a copy of any amendments made to the scheme, and

(c)up-to-date information showing the state of the authority's compliance (or non-compliance) with the timetable mentioned in subsection (2)(f).]

[F35(10)Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.]

Textual Amendments

F5S. 15(2)(aa) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F6Words in s. 15(2)(b) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F8Words in s. 15(2)(d) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F9Words in s. 15(2)(f) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F10S. 15(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(2), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

F12Words in s. 15(4) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(4), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F13Words in s. 15(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(3), 240(1)(h) (with s. 144)

F14Words in s. 15(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F15S. 15(4A) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(5), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F16Words in s. 15(4A)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F17Words in s. 15(5) substituted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F19Words in s. 15(5) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F21Words in s. 15(6) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(7), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F22S. 15(6A)-(6E) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(8), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F24Words in s. 15(6A)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(4), 240(1)(h) (with s. 144)

F25Words in s. 15(6B)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F26S. 15(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(5), 240(1)(h) (with s. 144)

F27Words in s. 15(8)(b) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F28Words in s. 15(8) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F29S. 15(8A)-(8F) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(10), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F30S. 15(8AA) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(6), 240(1)(h) (with s. 144)

F32Words in s. 15(8AA) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F34S. 15(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(7), 240(1)(h) (with s. 144)

F35S. 15(10) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(11), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

Modifications etc. (not altering text)

C6S. 15 applied (with modifications) (7.7.2005) by North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), arts. 1(2), 4(2)

C7S. 15 applied (with modifications) (25.7.2008) by West Northamptonshire Joint Committee Order 2008 (S.I. 2008/1572), arts. 1, 4(2)

C9S. 15 applied (with modifications) (1.7.2009) by Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), arts. 1, 4(2)

Commencement Information

I25S. 15 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I26S. 15 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

16Minerals and waste development schemeE+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.

[F36(5)Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).]

Textual Amendments

F36S. 16(5) inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 110(2), 240(5)(i) (with s. 144)

Commencement Information

I27S. 16 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I28S. 16 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

DocumentsE+W

17Local development documentsE+W

F37(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F38The local planning authority's local development documents ] must (taken as a whole) set out the authority’s policies (however expressed) relating to the development and use of land in their area.

(4)In the case of the documents which are included in a minerals and waste development scheme they must also (taken as a whole) set out the authority’s policies (however expressed) [F39Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area ] within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).

(5)If to any extent a policy set out in a local development document conflicts with any other statement or information in the document the conflict must be resolved in favour of the policy.

(6)The authority must keep under review their local development documents having regard to the results of any review carried out under section 13 or 14.

[F40(6A)The Secretary of State may by regulations make provision requiring a local planning authority to review a local development document at such times as may be prescribed.

(6B)If regulations under subsection (6A) require a local planning authority to review a local development document—

(a)they must consider whether to revise the document following each review, and

(b)if they decide not to do so, they must publish their reasons for considering that no revisions are necessary.

(6C)Any duty imposed by virtue of subsection (6A) applies in addition to the duty in subsection (6).]

(7)Regulations under this section may prescribe—

[F41(za)which descriptions of documents are, or if prepared are, to be prepared as local development documents;]

(a)which descriptions of local development documents are development plan documents;

(b)the form and content of the local development documents;

(c)the time at which any step in the preparation of any such document must be taken.

(8)A document is a local development document only in so far as it or any part of it—

(a)is adopted by resolution of the local planning authority as a local development document;

(b)is approved by the Secretary of State under section 21 or 27.

[F42(c)is approved by the Mayor of London under paragraph 2 of Schedule A1;

(d)is approved by a combined authority under paragraph 6 of that Schedule.]

[F43(e)is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.]

Textual Amendments

F38Words in s. 17(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F39Words in s. 17(4) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F40S. 17(6A)-(6C) inserted (27.4.2017 for specified purposes, 19.7.2017 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 12, 46(3); S.I. 2017/767, reg. 2(d)

F41S. 17(7)(za) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(d), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

Modifications etc. (not altering text)

Commencement Information

I29S. 17 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I30S. 17 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

18Statement of community involvementE+W

(1)The local planning authority must prepare a statement of community involvement.

(2)The statement of community involvement is a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under sections [F4413, 15,] 19, 26 and 28 of this Act and Part 3 of the principal Act of persons who appear to the authority to have an interest in matters relating to development in their area.

(2A)[F45Subject to subsection (2B),] the reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).

[F46(2B)A statement of community involvement must set out the local planning authority's policies for giving advice or assistance under—

(a)paragraph 3 of Schedule 4B to the principal Act (advice or assistance on proposals for making of neighbourhood development orders), and

(b)paragraph 3 of Schedule A2 to this Act (advice or assistance on proposals for modification of neighbourhood development plans).

(2C)The reference in subsection (2B)(a) to Schedule 4B to the principal Act includes that Schedule as applied by section 38A(3) of this Act (process for making neighbourhood development plans).

(2D)Subsection (2B) applies regardless of whether, at any given time—

(a)an area within the area of the authority has been designated as a neighbourhood area, or

(b)there is a qualifying body which is entitled to submit proposals to the authority for the making by the authority of a neighbourhood development order or a neighbourhood development plan.]

[F47(3)For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document.

This is subject to section 17(8).]

[F48(3A)The statement of community involvement must not be specified as a development plan document in the local development scheme.]

[F49(3B)The Secretary of State may by regulations prescribe matters to be addressed by a statement of community involvement in addition to the matters mentioned in subsection (2).]

F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44Words in s. 18(2) inserted (27.4.2017 for specified purposes, 31.7.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 13(2), 46(3); S.I. 2018/38, reg. 4(b) (with reg. 5)

F47S. 18(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(4)(a), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F49S. 18(3B) inserted (27.4.2017 for specified purposes) by Neighbourhood Planning Act 2017 (c. 20), ss. 13(3), 46(3)

Commencement Information

I31S. 18 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

19Preparation of local development documentsE+W

(1)[F51Development plan documents] must be prepared in accordance with the local development scheme.

[F52(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.]

[F53(1B)Each local planning authority must identify the strategic priorities for the development and use of land in the authority’s area.

(1C)Policies to address those priorities must be set out in the local planning authority’s development plan documents (taken as a whole).

(1D)Subsection (1C) does not apply in the case of a London borough council or a Mayoral development corporation if and to the extent that the council or corporation are satisfied that policies to address those priorities are set out in the spatial development strategy.

(1E)If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority’s area, subsection (1D) also applies in relation to—

(a)a local planning authority whose area is within, or the same as, the area of the combined authority, and

(b)the spatial development strategy published by the combined authority.]

(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;

[F54(aa)the local development documents which are to be development plan documents;]

(b)[F55the 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)[F56the regional strategy] for any region which adjoins the area of the authority;

(e)the [F57Wales Spatial Plan] [F57National Development Framework for Wales,] if any part of the authority’s area adjoins Wales;

F58(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(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 [F60local 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 [F61development 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.

F62(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51Words 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)

F52S. 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)

F54Words 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)

F57Words 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

F58S. 19(2)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F59S. 19(2)(g) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F60Words 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)

F61Words 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)

F62S. 19(7) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

Modifications etc. (not altering text)

Commencement Information

I32S. 19 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I33S. 19 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

20Independent examinationE+W

(1)The local planning authority must submit every development plan document to the Secretary of State for independent examination.

(2)But the authority must not submit such a document unless—

(a)they have complied with any relevant requirements contained in regulations under this Part, and

(b)they think the document is ready for independent examination.

(3)The authority must also send to the Secretary of State (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.

(4)The examination must be carried out by a person appointed by the Secretary of State.

(5)The purpose of an independent examination is to determine in respect of the development plan document—

(a)whether it satisfies the requirements of sections 19 and 24(1), regulations under section 17(7) and any regulations under section 36 relating to the preparation of development plan documents;

(b)whether it is sound.[F63; and

(c)whether the local planning authority complied with any duty imposed on the authority by section 33A in relation to its preparation.]

(6)Any person who makes representations seeking to change a development plan document must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

[F64(6A)The Secretary of State may by notice to the person appointed to carry out the examination—

(a)direct the person not to take any step, or any further step, in connection with the examination of the development plan document, or of a specified part of it, until a specified time or until the direction is withdrawn;

(b)require the person—

(i)to consider any specified matters;

(ii)to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the person;

(iii)to take any specified procedural step in connection with the examination.

In this subsection “specified” means specified in the notice.]

[F65(7)Where the person appointed to carry out the examination—

(a)has carried it out, and

(b)considers that, in all the circumstances, it would be reasonable to conclude—

(i)that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, and

(ii)that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation,

the person must recommend that the document is adopted and give reasons for the recommendation.

(7A)Where the person appointed to carry out the examination—

(a)has carried it out, and

(b)is not required by subsection (7) to recommend that the document is adopted,

the person must recommend non-adoption of the document and give reasons for the recommendation.

(7B)Subsection (7C) applies where the person appointed to carry out the examination—

(a)does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but

(b)does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation.

(7C)If asked to do so by the local planning authority, the person appointed to carry out the examination must recommend modifications of the document that would make it one that—

(a)satisfies the requirements mentioned in subsection (5)(a), and

(b)is sound.]

(8)The local planning authority must publish the recommendations and the reasons.

Textual Amendments

F63S. 20(5)(c) and word inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 110(3), 240(5)(i) (with s. 144)

F65S. 20(7)-(7C) substituted for s. 20(7) (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(2), 240(1)(h) (with ss. 112(6), 144)

Modifications etc. (not altering text)

Commencement Information

I34S. 20 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I35S. 20 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

21Intervention by Secretary of StateE+W

(1)If the Secretary of State thinks that a local development document is unsatisfactory—

(a)he may at any time before the document is adopted under section 23 direct the local planning authority to modify the document in accordance with the direction;

(b)if he gives such a direction he must state his reasons for doing so.

(2)The authority—

(a)must comply with the direction;

(b)must not adopt the document unless the Secretary of State gives notice that he is satisfied that they have complied with the direction.

(3)But subsection (2) does not apply if [F66or to the extent that] the Secretary of State withdraws the direction.

(4)At any time before a development plan document is adopted by a local planning authority the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval.

(5)The following paragraphs apply if the Secretary of State gives a direction under subsection (4)—

(a)the authority must not take any step in connection with the adoption of the document until the Secretary of State gives his decision [F67, or withdraws the direction];

[F68(b)if the direction is given, and not withdrawn, before the authority have submitted the document under section 20(1), the Secretary of State must hold an independent examination;]

(c)if the direction is given after the authority have submitted the document but before the person appointed to carry out the examination has made his recommendations [F69, and is not withdrawn before those recommendations are made, the person] must make his recommendations to the Secretary of State;

[F70(d)the document has no effect unless the document or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.]

[F71(5A)Subsections (4) to (7C) of section 20 apply to an examination held under subsection (5)(b), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.

(5B)For the purposes of subsection (5)(d) the “relevant part” of a development plan document is the part that—

(a)is covered by a direction under subsection (4) which refers to only part of the document, or

(b)continues to be covered by a direction under subsection (4) following the partial withdrawal of the direction.]

(6)The Secretary of State must publish the recommendations made to him by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.

(7)In considering a document or part of a document submitted under subsection (4) the Secretary of State may take account of any matter which he thinks is relevant.

(8)It is immaterial whether any such matter was taken account of by the authority.

(9)In relation to a document or part of a document submitted to him under subsection (4) the Secretary of State—

(a)may approve, approve subject to specified modifications or reject the document or part;

(b)must give reasons for his decision under paragraph (a).

[F72(9A)The Secretary of State may at any time—

(a)after a development plan document has been submitted for independent examination under section 20, but

(b)before it is adopted under section 23,

direct the local planning authority to withdraw the document.]

(10)In the exercise of any function under this section the Secretary of State must have regard to the local development scheme.

[F73(11)The local planning authority must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under this section that is specified in a notice given to the authority by the Secretary of State.]

[F74(12)In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities who have prepared the document.]

Textual Amendments

F69Words in s. 21(5)(c) substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(2)(c), 216(3); S.I. 2016/733, reg. 4(1)(c)

F72S. 21(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(5), 240(1)(h) (with s. 144)

F74S. 21(12) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(3), 46(3); S.I. 2018/38, reg. 2(b)

Commencement Information

I36S. 21 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I37S. 21 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F7521ATemporary direction pending possible use of intervention powersE+W

(1)If the Secretary of State is considering whether to give a direction to a local planning authority under section 21 in relation to a development plan document or other local development document, he may direct the authority not to take any step in connection with the adoption of the document—

(a)until the time (if any) specified in the direction, or

(b)until the direction is withdrawn.

(2)A document to which a direction under this section relates has no effect while the direction is in force.

(3)A direction given under this section in relation to a document ceases to have effect if a direction is given under section 21 in relation to that document.]

Textual Amendments

22Withdrawal of local development documentsE+W

(1)A local planning authority may at any time before a local development document is adopted under section 23 withdraw the document.

F76(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76S. 22(2) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(4), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

Commencement Information

I38S. 22 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I39S. 22 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

23Adoption of local development documentsE+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.

[F77(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

F77S. 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

I40S. 23 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

24Conformity with regional strategyE+W

(1)The local development documents must be in general conformity with—

(a)[F78the regional strategy] (if the area of the local planning authority is in a region other than London);

(b)the spatial development strategy (if the local planning authority are a London borough [F79or a Mayoral development corporation]).

F80(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A local planning authority which are a London borough [F79or a Mayoral development corporation]

(a)must request the opinion in writing of the Mayor of London as to the general conformity of a development plan document with the spatial development strategy;

(b)may request the opinion in writing of the Mayor as to the general conformity of any other local development document with the spatial development strategy.

(5)Whether or not the local planning authority make a request mentioned in [F82subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy]

F83(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)If in the opinion of the Mayor a document is not in general conformity with the spatial development strategy the Mayor must be taken to have made representations seeking a change to the document.

F84(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79Words in s. 24(1)(b)(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 55

Modifications etc. (not altering text)

Commencement Information

I41S. 24 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I42S. 24 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

25Revocation of local development documentsE+W

The Secretary of State —

(a)may at any time revoke a local development document at the request of the local planning authority;

(b)may prescribe descriptions of local development document which may be revoked by the authority themselves.

Commencement Information

I43S. 25 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I44S. 25 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

26Revision of local development documentsE+W

(1)The local planning authority may at any time prepare a revision of a local development document.

(2)The authority must prepare a revision of a local development document—

(a)if the Secretary of State directs them to do so, and

(b)in accordance with such timetable as he directs.

(3)This Part applies to the revision of a local development document as it applies to the preparation of the document.

(4)Subsection (5) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.

(5)As soon as practicable after the occurrence of a relevant event—

(a)the authority must review every local development document in the light of the enterprise zone scheme;

(b)if they think that any modifications of the document are required in consequence of the scheme they must prepare a revised document containing the modifications.

(6)The following are relevant events—

(a)the making of an order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65) (designation of enterprise zone);

(b)the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).

(7)References to an enterprise zone and an enterprise zone scheme must be construed in accordance with that Act.

Commencement Information

I45S. 26 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I46S. 26 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F8627Secretary of State’s default powersE+W

(1)This section applies if the Secretary of State thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document.

(2)The Secretary of State may—

(a)prepare or revise (as the case may be) the document, or

(b)give directions to the authority in relation to the preparation or revision of the document.

(3)The Secretary of State must either—

(a)hold an independent examination, or

(b)direct the authority to submit the document for independent examination.

(4)The Secretary of State must either—

(a)publish the recommendations and reasons of the person appointed to hold the examination, or

(b)give directions to the authority in relation to publication of those recommendations and reasons.

(5)The Secretary of State may—

(a)approve the document, or approve it subject to specified modifications, as a local development document,

(b)direct the authority to consider adopting the document by resolution of the authority as a local development document, or

(c)(except where it was prepared or revised by the Secretary of State under subsection (2)(a)) reject the document.

(6)Subsections (4) to (7C) of section 20 apply (subject to subsection (7) below) to an examination held under subsection (3)(a), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.

(7)Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an independent examination held—

(a)under subsection (3)(a), or

(b)in response to a direction under subsection (3)(b),

in respect of a document prepared or revised by the Secretary of State under subsection (2)(a).

(8)The Secretary of State must give reasons for anything he does in pursuance of subsection (2) or (5).

(9)The authority must reimburse the Secretary of State for any expenditure he incurs in connection with anything—

(a)which is done by him under subsection (2)(a), and

(b)which the authority failed or omitted to do as mentioned in subsection (1).]

[F87(10)In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities for whom the document has been prepared.]

Textual Amendments

F87S. 27(10) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(4), 46(3); S.I. 2018/38, reg. 2(b)

Commencement Information

I47S. 27 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

[F8827ADefault powers exercisable by Mayor of London[F89, combined authority or county council] E+W

Schedule A1 (default powers exercisable by Mayor of London[F89, combined authority or county council]) has effect.]

28Joint local development documentsE+W

(1)Two or more local planning authorities may agree to prepare one or more joint local development documents.

(2)This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint local development document as it applies for the purposes of any step which may be or is required to be taken in relation to a local development document.

(3)For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local development document must be done by or in relation to each of the authorities mentioned in subsection (1) in connection with a joint local development document.

(4)Any requirement of this Part in relation to [F90regional strategy] is a requirement in relation to [F90regional strategy] for the region in which each authority mentioned in subsection (1) is situated.

(5)If the authorities mentioned in subsection (1) include one or more London boroughs the requirements of this Part in relation to the spatial development strategy also apply.

(6)Subsections (7) to (9) apply if a local planning authority withdraw from an agreement mentioned in subsection (1).

(7)Any step taken in relation to the document must be treated as a step taken by—

(a)an authority which were a party to the agreement for the purposes of any corresponding document prepared by them;

(b)two or more other authorities who were parties to the agreement for the purposes of any corresponding joint local development document.

(8)Any independent examination of a local development document to which the agreement relates must be suspended.

(9)If before the end of the period prescribed for the purposes of this subsection an authority which were a party to the agreement request the Secretary of State to do so he may direct that—

[F91(a)the examination is resumed in relation to—

(i)any corresponding document prepared by an authority which were a party to the agreement, or

(ii)any corresponding joint local development document prepared by two or more other authorities which were parties to the agreement;]

(b)any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

(10)A joint local development document is a local development document prepared jointly by two or more local planning authorities.

(11)The Secretary of State may by regulations make provision as to what is a corresponding document [F92or a corresponding joint local development document for the purposes of this section.]

Textual Amendments

F91S. 28(9)(a) substituted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(6), 46(3); S.I. 2018/38, reg. 2(b)

F92Words in s. 28(11) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(7), 46(3); S.I. 2018/38, reg. 2(b)

Commencement Information

I48S. 28 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I49S. 28 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F9328APower to direct preparation of joint development plan documentsE+W

(1)The Secretary of State may direct two or more local planning authorities to prepare a joint development plan document.

(2)The Secretary of State may give a direction under this section in relation to a document whether or not it is specified in the local development schemes of the local planning authorities in question as a document which is to be prepared jointly with one or more other local planning authorities.

(3)The Secretary of State may give a direction under this section only if the Secretary of State considers that to do so will facilitate the more effective planning of the development and use of land in the area of one or more of the local planning authorities in question.

(4)A direction under this section may specify—

(a)the area to be covered by the joint development plan document to which the direction relates;

(b)the matters to be covered by that document;

(c)the timetable for preparation of that document.

(5)The Secretary of State must, when giving a direction under this section, notify the local planning authorities to which it applies of the reasons for giving it.

(6)If the Secretary of State gives a direction under this section, the Secretary of State may direct the local planning authorities to which it is given to amend their local development schemes so that they cover the joint development plan document to which it relates.

(7)A joint development plan document is a development plan document which is, or is required to be, prepared jointly by two or more local planning authorities pursuant to a direction under this section.

Textual Amendments

F93Ss. 28A-28C inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(2), 46(3); S.I. 2018/38, reg. 2(b)

28BApplication of Part to joint development plan documentsE+W

(1)This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint development plan document as it applies for the purposes of any step which may be or is required to be taken in relation to a development plan document.

(2)For the purposes of subsection (1) anything which must be done by or in relation to a local planning authority in connection with a development plan document must be done by or in relation to each of the authorities mentioned in section 28A(1) in connection with a joint development plan document.

(3)If the authorities mentioned in section 28A(1) include a London borough council or a Mayoral development corporation, the requirements of this Part in relation to the spatial development strategy also apply.

(4)Those requirements also apply if—

(a)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the combined authority's area, and

(b)the authorities mentioned in section 28A(1) include a local planning authority whose area is within, or is the same as, the area of the combined authority.

Textual Amendments

F93Ss. 28A-28C inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(2), 46(3); S.I. 2018/38, reg. 2(b)

28CModification or withdrawal of direction under section 28AE+W

(1)The Secretary of State may modify or withdraw a direction under section 28A by notice in writing to the authorities to which it was given.

(2)The Secretary of State must, when modifying or withdrawing a direction under section 28A, notify the local planning authorities to which it was given of the reasons for the modification or withdrawal.

(3)The following provisions of this section apply if—

(a)the Secretary of State withdraws a direction under section 28A, or

(b)the Secretary of State modifies a direction under that section so that it ceases to apply to one or more of the local planning authorities to which it was given.

(4)Any step taken in relation to the joint development plan document to which the direction related is to be treated as a step taken by—

(a)a local planning authority to which the direction applied for the purposes of any corresponding document prepared by them, or

(b)two or more local planning authorities to which the direction applied for the purposes of any corresponding joint development plan document prepared by them.

(5)Any independent examination of a joint development plan document to which the direction related must be suspended.

(6)If before the end of the period prescribed for the purposes of this subsection a local planning authority to which the direction applied request the Secretary of State to do so, the Secretary of State may direct that—

(a)the examination is resumed in relation to—

(i)any corresponding document prepared by a local planning authority to which the direction applied, or

(ii)any corresponding joint development plan document prepared by two or more local planning authorities to which the direction applied, and

(b)any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

(7)The Secretary of State may by regulations make provision as to what is a corresponding document or a corresponding joint development plan document for the purposes of this section.]

Textual Amendments

F93Ss. 28A-28C inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(2), 46(3); S.I. 2018/38, reg. 2(b)

Joint committeesE+W

29Joint committeesE+W

(1)This section applies if one or more local planning authorities agree with one or more county councils in relation to any area of such a council for which there is also a district council to establish a joint committee to be, for the purposes of this Part, the local planning authority—

(a)for the area specified in the agreement;

(b)in respect of such matters as are so specified.

(2)The Secretary of State may by order constitute a joint committee to be the local planning authority—

(a)for the area;

(b)in respect of those matters.

(3)Such an order—

(a)must specify the authority or authorities and county council or councils (the constituent authorities) which are to constitute the joint committee;

(b)may make provision as to such other matters as the Secretary of State thinks are necessary or expedient to facilitate the exercise by the joint committee of its functions.

(4)Provision under subsection (3)(b)—

(a)may include provision corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972 (c. 70);

(b)may apply (with or without modifications) such enactments relating to local authorities as the Secretary of State thinks appropriate.

(5)If an order under this section is annulled in pursuance of a resolution of either House of Parliament—

(a)with effect from the date of the resolution the joint committee ceases to be the local planning authority as mentioned in subsection (2);

(b)anything which the joint committee (as the local planning authority) was required to do for the purposes of this Part must be done for their area by each local planning authority which were a constituent authority of the joint committee;

(c)each of those local planning authorities must revise their local development scheme accordingly.

(6)Nothing in this section or section 30 confers on a local planning authority constituted by virtue of an order under this section any function in relation to section 13 or 14.

(7)The policies adopted by the joint committee in the exercise of its functions under this Part must be taken for the purposes of the planning Acts to be the policies of each of the constituent authorities which are a local planning authority.

(8)Subsection (9) applies to any function—

(a)which is conferred on a local planning authority (within the meaning of the principal Act) under or by virtue of the planning Acts, and

(b)which relates to the authority’s local development scheme or local development documents.

(9)If the authority is a constituent authority of a joint committee references to the authority’s local development scheme or local development documents must be construed as including references to the scheme or documents of the joint committee.

(10)For the purposes of subsection (4) a local authority is any of the following—

(a)a county council;

(b)a district council;

(c)a London borough council.

Modifications etc. (not altering text)

Commencement Information

I50S. 29 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I51S. 29 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

30Joint committees: additional functionsE+W

(1)This section applies if the constituent authorities to a joint committee agree that the joint committee is to be, for the purposes of this Part, the local planning authority for any area or matter which is not the subject of—

(a)an order under section 29, or

(b)an earlier agreement under this section.

(2)Each of the constituent authorities and the joint committee must revise their local development scheme in accordance with the agreement.

(3)With effect from the date when the last such revision takes effect the joint committee is, for the purposes of this Part, the local planning authority for the area or matter mentioned in subsection (1).

Commencement Information

I52S. 30 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

31Dissolution of joint committeeE+W

(1)This section applies if a constituent authority requests the Secretary of State to revoke an order constituting a joint committee as the local planning authority for any area or in respect of any matter.

(2)The Secretary of State may revoke the order.

(3)Any step taken by the joint committee in relation to a local development scheme or a local development document must be treated for the purposes of any corresponding scheme or document as a step taken by a successor authority.

(4)A successor authority is—

(a)a local planning authority which were a constituent authority of the joint committee;

(b)a joint committee constituted by order under section 29 for an area which does not include an area which was not part of the area of the joint committee mentioned in subsection (1).

(5)If the revocation takes effect at any time when an independent examination is being carried out in relation to a local development document the examination must be suspended.

(6)But if before the end of the period prescribed for the purposes of this subsection a successor authority falling within subsection (4)(a) requests the Secretary of State to do so he may direct that—

(a)the examination is resumed in relation to the corresponding document;

(b)any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

(7)The Secretary of State may by regulations make provision as to what is a corresponding scheme or document.

Commencement Information

I53S. 31 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I54S. 31 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

MiscellaneousE+W

32Exclusion of certain representationsE+W

(1)This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—

(a)an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);

(b)an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act 1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which provisions were replaced by the provisions mentioned in paragraph (a));

(c)an order under section 1 of the New Towns Act 1981 (c. 64).

(2)If the Secretary of State or a local planning authority thinks that a representation made in relation to a local development document is in substance a representation or objection to which this section applies he or they (as the case may be) may disregard it.

Commencement Information

I55S. 32 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

33Urban development corporationsE+W

The Secretary of State may direct [F94that the provisions of—

(a)this Part, or

(b)any particular regulations made under section 14A,

do not apply] to the area of an urban development corporation.

Textual Amendments

F94Words in s. 33 substituted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 151(2), 216(1)(d)

Modifications etc. (not altering text)

C20S. 33 applied (with modifications) (E.) (30.3.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), s. 5(1)(b)(2)(3)(c)40(1)(b)

Commencement Information

I56S. 33 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

[F9533ADuty to co-operate in relation to planning of sustainable developmentE+W

(1)Each person who is—

(a)a local planning authority,

(b)a county council in England that is not a local planning authority, or

(c)a body, or other person, that is prescribed or of a prescribed description,

must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) in maximising the effectiveness with which activities within subsection (3) are undertaken.

(2)In particular, the duty imposed on a person by subsection (1) requires the person—

(a)to engage constructively, actively and on an ongoing basis in any process by means of which activities within subsection (3) are undertaken, and

(b)to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).

(3)The activities within this subsection are—

(a)the preparation of development plan documents,

(b)the preparation of other local development documents,

(c)the preparation of marine plans under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions,

(d)activities that can reasonably be considered to prepare the way for activities within any of paragraphs (a) to (c) that are, or could be, contemplated, and

(e)activities that support activities within any of paragraphs (a) to (c),

so far as relating to a strategic matter.

(4)For the purposes of subsection (3), each of the following is a “strategic matter”—

(a)sustainable development or use of land that has or would have a significant impact on at least two planning areas, including (in particular) sustainable development or use of land for or in connection with infrastructure that is strategic and has or would have a significant impact on at least two planning areas, and

(b)sustainable development or use of land in a two-tier area if the development or use—

(i)is a county matter, or

(ii)has or would have a significant impact on a county matter.

(5)In subsection (4)—

(6)The engagement required of a person by subsection (2)(a) includes, in particular—

(a)considering whether to consult on and prepare, and enter into and publish, agreements on joint approaches to the undertaking of activities within subsection (3), and

(b)if the person is a local planning authority, considering whether to agree under section 28 to prepare joint local development documents.

(7)A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.

(8)A person, or description of persons, may be prescribed for the purposes of subsection (1)(c) only if the person, or persons of that description, exercise functions for the purposes of an enactment.

(9)A person is within this subsection if the person is a body, or other person, that is prescribed or of a prescribed description.

(10)In this section—

Textual Amendments

F95S. 33A inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 110(1), 240(5)(i) (with s. 144)

34GuidanceE+W

[F96(1)]In the exercise of any function conferred under or by virtue of this Part the local planning authority must have regard to any guidance issued by the Secretary of State.

[F97(2)The Secretary of State must issue guidance for local planning authorities on how their local development documents (taken as a whole) should address housing needs that result from old age or disability.]

Textual Amendments

F96S. 34(1): s. 34 renumbered as s. 34(1) (4.7.2019) by Neighbourhood Planning Act 2017 (c. 20), ss. 8(2)(a), 46(1); S.I. 2019/1081, reg. 2

Commencement Information

I57S. 34 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

35[F98Authorities] monitoring [F98 reports ]E+W

F99(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F100 Every local planning authority must prepare reports containing ] such information as is prescribed as to—

(a)the implementation of the local development scheme;

(b)the extent to which the policies set out in the local development documents are being achieved.

(3)[F101A report under subsection (2) must—

(a)be in respect of a period—

(i)which the authority considers appropriate in the interests of transparency,

(ii)which begins with the end of the period covered by the authority's most recent report under subsection (2), and

(iii)which is not longer than 12 months or such shorter period as is prescribed;]

(c)be in such form as is prescribed;

(d)contain such other matter as is prescribed.

[F102(3A)Subsection (3B) applies if a London borough council or a Mayoral development corporation have determined in accordance with section 19(1D) that—

(a)policies to address the strategic priorities for the development and use of land in their area are set out in the spatial development strategy, and

(b)accordingly, such policies will not to that extent be set out in their development plan documents.

(3B)Each report by the council or corporation under subsection (2) must—

(a)indicate that such policies are set out in the spatial development strategy, and

(b)specify where in the strategy those policies are set out.

(3C)If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority’s area, subsections (3A) and (3B) also apply in relation to—

(a)a local planning authority whose area is within, or the same as, the area of the combined authority, and

(b)the spatial development strategy published by the combined authority.]

[F103(4)The authority must make the authority's reports under this section available to the public.]

Textual Amendments

F98Words in s. 35 heading substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(6), 240(1)(h) (with s. 144)

F99S. 35(1) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(2), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

F100Words in s. 35(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(3), 240(1)(h) (with s. 144)

F101Words in s. 35(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(4), 240(1)(h) (with s. 144)

F103S. 35(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(5), 240(1)(h) (with s. 144)

Commencement Information

I58S. 35 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I59S. 35 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

GeneralE+W

36Regulations [F104and standards] E+W

(1)The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.

(2)The regulations may in particular make provision as to—

(a)the procedure to be followed by the local planning authority in carrying out the appraisal under section 19;

(b)the procedure to be followed in the preparation of local development documents;

(c)requirements about the giving of notice and publicity;

(d)requirements about inspection by the public of a local development document or any other document;

(e)the nature and extent of consultation with and participation by the public in anything done under this Part;

(f)the making of representations about any matter to be included in a local development document;

(g)consideration of any such representations;

(h)the remuneration and allowances payable to a person appointed to carry out an independent examination under section 20;

(i)the determination of the time at which anything must be done for the purposes of this Part;

(j)the manner of publication of any draft, report or other document published under this Part;

(k)monitoring the exercise by local planning authorities of their functions under this Part;

(l)the making of reasonable charges for the provision of copies of documents required by or under this Part.

[F105(3)The Secretary of State may from time to time publish data standards for—

(a)local development schemes,

(b)local development documents, or

(c)local development documents of a particular kind.

(4)For this purpose a “data standard” is a written standard which contains technical specifications for a scheme or document or the data contained in a scheme or document.

(5)A local planning authority must comply with the data standards published under subsection (3) in preparing, publishing, maintaining or revising a scheme or document to which the standards apply.]

Textual Amendments

F104Words in s. 36 heading inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(2), 46(1); S.I. 2017/767, reg. 2(c)

Commencement Information

I60S. 36 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I61S. 36 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

37InterpretationE+W

(1)Local development scheme must be construed in accordance with section 15.

(2)Local development document must be construed in accordance with [F106sections 17 and 18(3)].

[F107(3)A development plan document is a local development document which is specified as a development plan document in the local development scheme.]

(4)Local planning authorities are—

(a)district councils;

(b)London borough councils;

(c)metropolitan district councils;

(d)county councils in relation to any area in England for which there is no district council;

(e)the Broads Authority.

(5)A National Park authority is the local planning authority for the whole of its area and subsection (4) must be construed subject to that.

[F108(5ZA)Subsection (4) must also be construed subject to any order under section 198(2) of the Localism Act 2011 so far as providing that a Mayoral development corporation is, as regards an area, to be the local planning authority for some or all of the purposes of this Part in relation to some or all kinds of development.

(5ZB)Where such an order makes such provision, that MDC is, in relation to the kinds of development concerned, the local planning authority for the area and purposes concerned in place of any authority who, in relation to those kinds of development, would otherwise be the local planning authority for that area and those purposes.]

[F109(5A)Subsection (4) must [F110additionally be construed, and subsection (5ZB) must be construed,] subject to any designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) providing that the Homes and Communities Agency is to be the local planning authority—

(a)for an area specified in the order, and

(b)for all purposes of this Part or any such purposes so specified.

(5B)Where such an order makes such provision, the Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.]

[F111(5C)Joint local development document must be construed in accordance with section 28(10).

(5D)Joint development plan document must be construed in accordance with section 28A(7).]

[F112(6)Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.

(6A)Responsible regional authorities ” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.]

(7)This section applies for the purposes of this Part.

Textual Amendments

F106Words in s. 37(2) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(6)(a), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F107S. 37(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(6)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F108S. 37(5ZA)(5ZB) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 56(2)

F110Words in s. 37(5A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 56(3)

F111S. 37(5C)(5D) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(8), 46(3); S.I. 2018/38, reg. 2(b)

Modifications etc. (not altering text)

Commencement Information

I62S. 37 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

Part 3E+WDevelopment

Development planE+W

38Development planE+W

(1)A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2) to (5).

(2)For the purposes of any area in Greater London the development plan is—

(a)the spatial development strategy, F113...

(b)the development plan documents (taken as a whole) which have been adopted or approved in relation to that area [F114, and.

(c)the neighbourhood development plans which have been made in relation to that area.]

(3)For the purposes of any other area in England the development plan is—

(a)the [F115 regional strategy ] for the region in which the area is situated [F116 (if there is a regional strategy for that region) ], and

(b)the development plan documents (taken as a whole) which have been adopted or approved in relation to that area [F117, and.

(c)the neighbourhood development plans which have been made in relation to that area.]

[F118(3A)For the purposes of any area in England (but subject to subsection (3B)) a neighbourhood development plan which relates to that area also forms part of the development plan for that area if—

(a)section 38A(4)(a) (approval by referendum) applies in relation to the neighbourhood development plan, but

(b)the local planning authority to whom the proposal for the making of the plan has been made have not made the plan.

(3B)The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.]

(4)For the purposes of any area in Wales the development plan is [F119the local development plan adopted or approved in relation to that area][F119—.

(a)the National Development Framework for Wales,

(b)the strategic development plan for any strategic planning area that includes all or part of that area, and

(c)the local development plan for that area]

(5)If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document [F120to become part of the development plan].

(6)If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.

(7)The enactments are—

(a)this Act;

(b)the planning Acts;

(c)any other enactment relating to town and country planning;

(d)the Land Compensation Act 1961 (c. 33);

(e)the Highways Act 1980 (c. 66).

(8)In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.

[F121(9)Development plan document must be construed in accordance with section 37(3).]

[F122(10)Neighbourhood development plan must be construed in accordance with section 38A.]

Textual Amendments

F113Word in s. 38(2)(a) repealed (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(a), Sch. 25 Pt. 16; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F114S. 38(2)(c) and word inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(a); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F116Words in s. 38(3)(a) inserted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 13(1)

F117S. 38(3)(c) and word inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(b); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F119S. 38(4)(a)-(c) substituted for words in s. 38(4) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 9, 58(2)(b)(4)(b)

F120Words in s. 38(5) substituted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(c); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F122S. 38(10) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(d); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Modifications etc. (not altering text)

Commencement Information

I63S. 38 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(c)

I64S. 38 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(a)

[F12338AMeaning of “neighbourhood development plan”E+W

(1)Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan.

(2)A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.

(3)Schedule 4B to the principal Act, which makes provision about the process for the making of neighbourhood development orders, including—

(a)provision for independent examination of orders proposed by qualifying bodies, and

(b)provision for the holding of referendums on orders proposed by those bodies,

is to apply in relation to neighbourhood development plans (subject to the modifications set out in section 38C(5) of this Act).

(4)A local planning authority to whom a proposal for the making of a neighbourhood development plan has been made—

(a)must make a neighbourhood development plan to which the proposal relates if in each applicable referendum under that Schedule (as so applied) more than half of those voting have voted in favour of the plan, and

(b)if paragraph (a) applies, must make the plan as soon as reasonably practicable after the referendum is held [F124and, in any event, by such date as may be prescribed].

(5)If—

(a)there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61H of the principal Act), and

(b)in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,

the authority may (but need not) make a neighbourhood development plan to which the proposal relates.

(6)The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).

(7)Regulations made by the Secretary of State may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (6).

(8)The regulations may in particular make provision—

(a)for the holding of an examination,

(b)as to the payment by a local planning authority of remuneration and expenses of the examiner,

(c)as to the award of costs by the examiner,

(d)as to the giving of notice and publicity,

(e)as to the information and documents that are to be made available to the public,

(f)as to the making of reasonable charges for anything provided as a result of the regulations,

(g)as to consultation with and participation by the public, and

(h)as to the making and consideration of representations (including the time by which representations must be made).

(9)The authority must publish in such manner as may be prescribed—

(a)their decision to act under subsection (4) or (6),

(b)their reasons for making that decision, and

(c)such other matters relating to that decision as may be prescribed.

(10)The authority must send a copy of the matters required to be published to—

(a)the qualifying body that initiated the process for the making of the plan, and

(b)such other persons as may be prescribed.

(11)If a neighbourhood development plan is in force in relation to a neighbourhood area—

(a)a qualifying body may make a proposal for the existing plan to be replaced by a new one, and

(b)the process for the making of the replacement plan is the same as the process for the making of the existing plan.

[F125(11A)Subsection (11) is subject to Schedule A2, which makes provision for the modification of a neighbourhood development plan.]

[F126(11B)Subsection (11C) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood development plan relates to more than one neighbourhood area.

(11C)The replacement of the plan by a new plan in relation to one or some of those areas does not affect the continuation in force of the plan in relation to the other area or areas.]

(12)For the purposes of this section—

Textual Amendments

F123Ss. 38A-38C inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F124Words in s. 38A(4)(b) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 140(3), 216(1)(d)

F125S. 38A(11A) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(5), 46(3); S.I. 2018/38, reg. 3(b)

38BProvision that may be made by neighbourhood development plansE+W

(1)A neighbourhood development plan—

(a)must specify the period for which it is to have effect,

(b)may not include provision about development that is excluded development, and

(c)may not relate to more than one neighbourhood area.

(2)Only one neighbourhood development plan may be made for each neighbourhood area.

[F127(2A)Subsections (1)(c) and (2) are subject to section 61G(6D) of the principal Act (as applied by section 38C(5A) of this Act).]

(3)If to any extent a policy set out in a neighbourhood development plan conflicts with any other statement or information in the plan, the conflict must be resolved in favour of the policy.

(4)Regulations made by the Secretary of State may make provision—

(a)restricting the provision that may be included in neighbourhood development plans about the use of land,

(b)requiring neighbourhood development plans to include such matters as are prescribed in the regulations, and

(c)prescribing the form of neighbourhood development plans.

(5)A local planning authority must publish each neighbourhood development plan that they make in such manner as may be prescribed by regulations made by the Secretary of State.

(6)Section 61K of the principal Act (meaning of “excluded development”) is to apply for the purposes of subsection (1)(b).

Textual Amendments

F123Ss. 38A-38C inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

38CSupplementary provisionsE+W

(1)The following provisions of the principal Act are to apply in relation to neighbourhood development plans.

(2)The provisions to be applied are—

(a)section 61F (authorisation to act in relation to neighbourhood areas),

(b)section 61I(2) and (3) (neighbourhood areas in areas of two or more local planning authorities),

(c)section 61M (revocation or modification of neighbourhood development orders),

(d)section 61N (legal challenges),

(e)section 61O (guidance), and

(f)section 61P (provision as to the making of certain decisions by local planning authorities).

[F128(2A)Section 61F of the principal Act is to apply in accordance with subsection (2) of this section as if—

(a)subsections (8)(a) and (8B) also referred to a proposal for the modification of a neighbourhood development plan,

(b)subsection (13)(b) also referred to a proposal for the modification of a neighbourhood development plan made by a neighbourhood forum, and

(c)subsection (13)(c) also referred to any duty of a local planning authority under paragraph 7, 8 or 9 of Schedule A2 to this Act.]

(3)Section 61M of the principal Act is to apply in accordance with subsection (2) of this section as if

[F129(a)]the words “by order” (wherever occurring) were omitted[F130, and

(b)the reference in subsection (4A) to a modification materially affecting any planning permission granted by the order were to a modification materially affecting the policies in the plan.]

(4)Section 61N(1) of the principal Act is to apply in accordance with subsection (2) of this section as if the reference to section 61E(4) or (8) of that Act were a reference to section 38A(4) or (6) of this Act.

(5)Schedule 4B to the principal Act is to apply in accordance with 38A(3) of this Act with the following modifications—

(a)the reference to section 61E(8) of the principal Act is to be read as a reference to section 38A(6) of this Act,

(b)references to the provision made by or under sections 61E(2), 61J and 61L of the principal Act are to be read as references to the provision made by or under sections 38A and 38B of this Act,

(c)references to section 61L(2)(b) or (5) of the principal Act are to be disregarded, and

(d)paragraph 8 is to have effect as if sub-paragraphs (2)(b) and (c) and (3) to (5) were omitted.

[F131(5A)Section 61G(6D) of the principal Act is to apply in relation to neighbourhood development plans as if it also provided that a modification under section 61G(6) of that Act of a designation of a neighbourhood area does not affect the continuation in force of a neighbourhood development plan even though, as a result of the modification, more than one plan has effect for the same area.]

(6)Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations

[F132(a)]on proposals for neighbourhood development plans, or on neighbourhood development plans, that have already been made[F133, or

(b)on proposals for the modification of neighbourhood development plans, or on modifications of neighbourhood development plans, that have already been made.]

(7)The fact that the list of applied provisions includes section 61N(2) and (3) of the principal Act is not to affect the operation of section 20(2) of the Interpretation Act 1978 in relation to other references to enactments applied in accordance with this section.]

Textual Amendments

F123Ss. 38A-38C inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F128S. 38C(2A) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(7), 46(3); S.I. 2018/38, reg. 3(b)

F129Words in s. 38C(3) renumbered as s. 38C(3)(a) (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(8)(a), 46(3); S.I. 2018/38, reg. 3(b)

F130S. 38C(3)(b) and word inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(8)(b), 46(3); S.I. 2018/38, reg. 3(b)

F132Words in s. 38C(6) renumbered as s. 38C(6)(a) (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(9)(a), 46(3); S.I. 2018/38, reg. 3(b)

F133S. 38C(6)(b) and word inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(9)(b), 46(3); S.I. 2018/38, reg. 3(b)

Sustainable developmentE+W

39Sustainable developmentE+W

(1)This section applies to any person who or body which exercises any function—

F134(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)under Part 2 [F135of this Act] in relation to local development documents;

F136(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.

[F137(2A)For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.]

(3)For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by—

(a)the Secretary of State for the purposes of [F138 subsection (1)(b)];

F139(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4E+WDevelopment control

Local development ordersE+W

40Local development ordersE+W

(1)In the principal Act after section 61 (supplementary provision about development orders) there are inserted the following sections—

Local development ordersE+W
61ALocal development orders

(1)A local planning authority may by order (a local development order) make provision to implement policies—

(a)in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);

(b)in a local development plan (within the meaning of Part 6 of that Act).

(2)A local development order may grant planning permission—

(a)for development specified in the order;

(b)for development of any class so specified.

(3)A local development order may relate to—

(a)all land in the area of the relevant authority;

(b)any part of that land;

(c)a site specified in the order.

(4)A local development order may make different provision for different descriptions of land.

(5)But a development order may specify any area or class of development in respect of which a local development order must not be made.

(6)A local planning authority may revoke a local development order at any time.

(7)Schedule 4A makes provision in connection with local development orders.

61BIntervention by Secretary of State or National Assembly

(1)At any time before a local development order is adopted by a local planning authority the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.

(2)If the appropriate authority gives a direction under subsection (1)—

(a)the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;

(b)the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.

(3)In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.

(4)It is immaterial whether any such matter was taken account of by the local planning authority.

(5)The appropriate authority—

(a)may approve or reject an order or part of an order submitted to it under subsection (1);

(b)must give reasons for its decision under paragraph (a).

(6)If the appropriate authority thinks that a local development order is unsatisfactory—

(a)it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;

(b)if it gives such a direction it must state its reasons for doing so.

(7)The local planning authority—

(a)must comply with the direction;

(b)must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.

(8)The appropriate authority—

(a)may at any time by order revoke a local development order if it thinks it is expedient to do so;

(b)must, if it revokes a local development order, state its reasons for doing so.

(9)Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.

(10)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales.

61CPermission granted by local development order

(1)Planning permission granted by a local development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)If the permission is granted for development of a specified description the order may enable the local planning authority to direct that the permission does not apply in relation to—

(a)development in a particular area, or

(b)any particular development.

(2)In each of the following provisions of the principal Act in each place where it occurs after “development order” there is inserted “ or a local development order ”

(a)section 56(5)(a) (definition of material development);

F140(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)section 279(1)(a)(i) (compensation for certain decisions and orders).

(3)Section 333 of the principal Act (regulations and orders) is amended as follows—

(a)in subsection (4) after “55(2)(f),” there is inserted “ 61A(5) ”;

(b)in subsection (5)(b) after “28,” there is inserted “ 61A(5) (unless it is made by the National Assembly for Wales), ”.

(4)Schedule 1 further amends the principal Act.

Textual Amendments

F140S. 40(2)(b)-(k) repealed (15.11.2011 for specified purposes, 6.4.2012 in force in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j) Sch. 12 para. 29, Sch. 25 Pt. 18; S.I. 2012/628, art. 8(a)(e) (with arts. 9 12 13 16 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Commencement Information

I67S. 40 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I68S. 40 in force at 10.5.2006 for E. so far as not already in force by S.I. 2006/1061, art. 2(a)

I69S. 40 in force at 30.4.2012 for W. so far as not already in force by S.I. 2012/1100, art. 2

Revision of development ordersE+W

41Effect of revision or revocation of development order on incomplete developmentE+W

In the principal Act after section 61C (planning permission granted by local development orders) (inserted by section 40 of this Act) there is inserted the following section—

61DEffect of revision or revocation of development order on incomplete development

(1)A development order or local development order may include provision permitting the completion of development if —

(a)planning permission is granted by the order in respect of the development, and

(b)the planning permission is withdrawn at a time after the development is started but before it is completed.

(2)Planning permission granted by a development order is withdrawn—

(a)if the order is revoked;

(b)if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c)by the issue of a direction under powers conferred by the order.

(3)Planning permission granted by a local development order is withdrawn—

(a)if the order is revoked under section 61A(6) or 61B(8);

(b)if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c)by the issue of a direction under powers conferred by the order.

(4)The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.

Commencement Information

I70S. 41 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I71S. 41 in force at 10.5.2006 for E. so far as not already in force by S.I. 2006/1061, art. 2(a)

I72S. 41 in force at 30.4.2012 for W. so far as not already in force by S.I. 2012/1100, art. 2

ApplicationsE+W

42Applications for planning permission and certain consentsE+W

(1)In the principal Act for section 62 (form and content of applications for planning permission) there is substituted the following section—

62Applications for planning permission

(1)A development order may make provision as to applications for planning permission made to a local planning authority.

(2)Provision referred to in subsection (1) includes provision as to—

(a)the form and manner in which the application must be made;

(b)particulars of such matters as are to be included in the application;

(c)documents or other materials as are to accompany the application.

(3)The local planning authority may require that an application for planning permission must include—

(a)such particulars as they think necessary;

(b)such evidence in support of anything in or relating to the application as they think necessary.

(4)But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1).

(5)A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified—

(a)a statement about the design principles and concepts that have been applied to the development;

(b)a statement about how issues relating to access to the development have been dealt with.

(6)The form and content of a statement mentioned in subsection (5) is such as is required by the development order.

(2)In section 73 of the principal Act (determination of applications to develop land without compliance with conditions previously attached) subsection (3) is omitted.

(3)[F141In section 198 of that Act (tree preservation orders) after subsection (7) there is inserted—

(8)In relation to an application for consent under a tree preservation order the appropriate authority may by regulations make provision as to—

(a)the form and manner in which the application must be made;

(b)particulars of such matters as are to be included in the application;

(c)the documents or other materials as are to accompany the application.

(9)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.]

(4)In section 220 of that Act (regulations controlling display of advertisements) after subsection (2) there is inserted the following subsection—

(2A)The regulations may also make provision as to—

(a)the form and manner in which an application for consent must be made;

(b)particulars of such matters as are to be included in the application;

(c)any documents or other materials which must accompany the application.

(5)In the principal Act before section 328 (settled land and land of universities and colleges) there is inserted the following section—

327AApplications: compliance with requirements

(1)This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—

(a)the form or manner in which the application must be made;

(b)the form or content of any document or other matter which accompanies the application.

(2)The local planning authority must not entertain such an application if it fails to comply with the requirement.

(6)In section 10(2) of the listed buildings Act (applications for listed buildings consent) the words from “shall be made” to “require and” are omitted.

(7)In section 10(3) of that Act for paragraph (a) there are substituted the following paragraphs—

(a)the form and manner in which such applications are to be made;

(aa)particulars of such matters as are to be included in such applications;

(ab)the documents or other materials as are to accompany such applications;.

(8)In section 10 of that Act after subsection (3) there are inserted the following subsections—

(4)The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by such of the following as is prescribed—

(a)a statement about the design principles and concepts that have been applied to the works;

(b)a statement about how issues relating to access to the building have been dealt with.

(5)The form and content of a statement mentioned in subsection (4) is such as is prescribed.

(9)In section 89(1) of that Act (application of certain provisions of the principal Act) after the entry relating to section 323 there is inserted— “ section 327A (compliance with requirements relating to applications), ”.

Textual Amendments

F141S. 42(3) repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(c), Sch.

Commencement Information

I73S. 42 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I74S. 42(1)(5)-(9) in force at 10.8.2006 for E. by S.I. 2006/1061, art. 3(a) (with art. 4) (which saving in art. 4 is revoked (11.2.2010) by S.I. 2010/321, art. 4)

I75S. 42(1)(5)-(9) in force at 30.6.2007 for W. so far as not already in force by S.I. 2007/1369, art. 2(a) (with art. 3) (as amended (11.2.2010) by S.I. 2010/321, art. 4)

43Power to decline to determine applicationsE+W

(1)For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections—

70APower to decline to determine subsequent application

(1)A local planning authority may decline to determine a relevant application if—

(a)any of the conditions in subsections (2) to (4) is satisfied, and

(b)the authority think there has been no significant change in the relevant considerations since the relevant event.

(2)The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 76A or 77.

(3)The condition is that in that period the Secretary of State has dismissed an appeal—

(a)against the refusal of a similar application, or

(b)under section 78(2) in respect of a similar application.

(4)The condition is that—

(a)in that period the local planning authority have refused more than one similar application, and

(b)there has been no appeal to the Secretary of State against any such refusal.

(5)A relevant application is—

(a)an application for planning permission for the development of any land;

(b)an application for approval in pursuance of section 60(2).

(6)The relevant considerations are—

(a)the development plan so far as material to the application;

(b)any other material considerations.

(7)The relevant event is—

(a)for the purposes of subsections (2) and (4) the refusal of the similar application;

(b)for the purposes of subsection (3) the dismissal of the appeal.

(8)An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.

70BPower to decline to determine overlapping application

(1)A local planning authority may decline to determine an application for planning permission for the development of any land which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2)The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

(3)The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.

(4)The condition is that a similar application—

(a)has been granted by the local planning authority,

(b)has been refused by them, or

(c)has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.

(5)An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.

(6)The determination period is—

(a)the period prescribed by the development order for the determination of the application, or

(b)such longer period as the applicant and the authority have agreed for the determination of the application.

(2)In section 78(2)(aa) of that Act after “70A” there is inserted “ or 70B ”.

(3)After section 81 of the listed buildings Act (authorities with functions under the Act) there are inserted the following sections—

Power to decline to determine applicationE+W
81APower to decline to determine subsequent application

(1)A local planning authority may decline to determine an application for a relevant consent if—

(a)one or more of the conditions in subsections (2) to (4) is satisfied, and

(b)the authority think there has been no significant change in any material considerations since the relevant event.

(2)The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 12.

(3)The condition is that in that period the Secretary of State has dismissed an appeal—

(a)against the refusal of a similar application, or

(b)under section 20(2) in respect of a similar application.

(4)The condition is that—

(a)in that period the local planning authority have refused more than one similar application, and

(b)there has been no appeal to the Secretary of State against any such refusal.

(5)Relevant consent is—

(a)listed building consent, or

(b)conservation area consent.

(6)The relevant event is—

(a)for the purposes of subsections (2) and (4) the refusal of the similar application;

(b)for the purposes of subsection (3) the dismissal of the appeal.

(7)An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

(8)For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

81BPower to decline to determine overlapping application

(1)A local planning authority may decline to determine an application for a relevant consent which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2)The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

(3)The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.

(4)The condition is that a similar application—

(a)has been granted by the local planning authority,

(b)has been refused by them, or

(c)has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.

(5)Relevant consent is—

(a)listed building consent, or

(b)conservation area consent.

(6)An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

(7)The determination period is—

(a)the period prescribed for the determination of the application, or

(b)such longer period as the applicant and the authority have agreed for the determination of the application.

(8)For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

(4)Section 20(2) of that Act (appeals) is amended as follows—

(a)for “neither” there is substituted “ done none of the following ”;

(b)after paragraph (a) for “nor” there is substituted—

(aa)given notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application;.

(5)This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after this section comes into force.

Commencement Information

I76S. 43(1)(3)(4)(b) in force at 24.8.2005 for specified purposes for E. by S.I. 2005/2081, art. 2(a)

I77S. 43(1) in force at 6.4.2009 for E. so far as not already in force by S.I. 2009/384, art. 2(a)

I78S. 43(2) in force at 6.4.2009 for E. by S.I. 2009/384, art. 2(b)

I79S. 43(3)(4)(b) in force at 6.4.2009 for E. so far as not already in force by S.I. 2009/384, art. 2(c)

I80S. 43(4)(a)(5) in force at 24.8.2005 for E. by S.I. 2005/2081, art. 2(a)

Major infrastructure projectsE+W

44Major infrastructure projectsE+W

In the principal Act the following sections are inserted before section 77 (Reference of applications to the Secretary of State)—

76AMajor infrastructure projects

(1)This section applies to—

(a)an application for planning permission;

(b)an application for the approval of a local planning authority required under a development order,

if the Secretary of State thinks that the development to which the application relates is of national or regional importance.

(2)The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.

(3)If the Secretary of State gives a direction under subsection (2) he may also direct that any application—

(a)under or for the purposes of the planning Acts, and

(b)which he thinks is connected with the application mentioned in subsection (1),

must also be referred to him instead of being dealt with by the local planning authority.

(4)If the Secretary of State gives a direction under this section—

(a)the application must be referred to him;

(b)he must appoint an inspector to consider the application.

(5)If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—

(a)be in such form and contain such matter as is prescribed by development order;

(b)be submitted to the Secretary of State in accordance with such provision as is so prescribed.

(6)For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.

(7)A direction under this section or section 76B may be varied or revoked by a subsequent direction.

(8)The decision of the Secretary of State on any application referred to him under this section is final.

(9)Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).

(10)The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—

(a)section 70;

(b)section 72(1) and (5);

(c)section 73;

(d)section 73A.

(11)A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.

(12)This section does not apply to an application which relates to the development of land in Wales.

76BMajor infrastructure projects: inspectors

(1)This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).

(2)The Secretary of State may direct the lead inspector—

(a)to consider such matters relating to the application as are prescribed;

(b)to make recommendations to the Secretary of State on those matters.

(3)After considering any recommendations of the lead inspector the Secretary of State may—

(a)appoint such number of additional inspectors as he thinks appropriate;

(b)direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.

(4)An additional inspector must—

(a)comply with such directions as to procedural matters as the lead inspector gives;

(b)report to the lead inspector on the matters he is appointed to consider.

(5)A copy of directions given as mentioned in subsection (4)(a) must be given to—

(a)the person who made the application;

(b)the local planning authority;

(c)any other person who requests it.

(6)If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.

(7)In every case the lead inspector must report to the Secretary of State on—

(a)his consideration of the application;

(b)the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).

(8)The function of the lead inspector in pursuance of subsection (2)—

(a)may be exercised from time to time;

(b)includes making recommendations as to the number of additional inspectors required from time to time.

(9)The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.

Commencement Information

I81S. 44 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I82S. 44 in force at 24.8.2005 for E. so far as not already in force by S.I. 2005/2081, art. 2(b) (with art. 4(1))

Prospective

Simplified planning zonesE+W

45Simplified planning zonesE+W

(1)In section 83 of the principal Act (making simplified planning zone schemes) subsection (1) is omitted.

(2)Before section 83(2) of that Act there are inserted the following subsections—

(1A)This section applies if—

(a)the regional spatial strategy for the region in which the area of a local planning authority in England is situated identifies the need for a simplified planning zone in that area (or any part of it);

(b)the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area (or any part of the area) of a local planning authority in Wales.

(1B)The local planning authority must consider the question for which part or parts of their area a simplified planning zone scheme is desirable.

(1C)The local planning authority must keep under review the question mentioned in subsection (1B).

(3)For section 83(2) of that Act there are substituted the following subsections—

(2)A local planning authority must make a simplified planning zone scheme for all or any part of their area—

(a)if as a result of the consideration mentioned in subsection (1B) or the review mentioned in subsection (1C) they decide that it is desirable to do so;

(b)if they are directed to do so by the Secretary of State or the National Assembly for Wales (as the case may be).

(2A)A local planning authority may at any time—

(a)alter a scheme adopted by them;

(b)with the consent of the Secretary of State alter a scheme made or altered by him under paragraph 12 of Schedule 7 or approved by him under paragraph 11 of that Schedule;

(c)with the consent of the National Assembly for Wales alter a scheme made or altered by it under paragraph 12 of Schedule 7 or approved by it under paragraph 11 of that Schedule.

(2B)A simplified planning zone scheme for an area in England must be in conformity with the regional spatial strategy.

(4)In section 83 of that Act after subsection (3) there is inserted the following subsection—

(4)In this section and in Schedule 7—

(a)a reference to the regional spatial strategy must be construed in relation to any area in Greater London as a reference to the spatial development strategy;

(b)a reference to a region must be construed in relation to such an area as a reference to Greater London.

(5)In section 85(1) of that Act (duration of simplified planning zone scheme) for the words from “period” to the end there is substituted “ specified period ”.

(6)After section 85(1) of that Act there is inserted the following subsection—

(1A)The specified period is the period not exceeding 10 years—

(a)beginning with the date when the scheme is adopted or approved, and

(b)which is specified in the scheme.

(7)In Schedule 7 of that Act in paragraph 2 (notification of proposal to make scheme) for “decide under section 83(2) to make or” there is substituted “ are required under section 83(2) to make or decide under section 83(2A) to ”.

(8)In Schedule 7 of that Act paragraphs 3 and 4 are omitted.

(9)In Schedule 7 of that Act in paragraph 12 (default powers of Secretary of State) for sub-paragraph (1) there are substituted the following sub-paragraphs—

(1)This paragraph applies if each of the following conditions is satisfied.

(1A)The first condition is that—

(a)the regional spatial strategy for the region in which the area of a local planning authority is situated identifies the need for a simplified planning zone in any part of their area, or

(b)the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area of a local planning authority in Wales.

(1B)The second condition is that the Secretary of State or the National Assembly for Wales (as the case may be) is satisfied after holding a local inquiry or other hearing that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or alteration of a scheme.

(1C)The Secretary of State or the National Assembly for Wales (as the case may be) may make or alter the scheme.

Planning contributionE+W

F14246Planning contributionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142Ss. 46-48 repealed (26.1.2009) by Planning Act 2008 (c. 29), ss. 225(1)(a), 241(6), Sch. 13 (with s. 226)

F14247Planning contribution: regulationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142Ss. 46-48 repealed (26.1.2009) by Planning Act 2008 (c. 29), ss. 225(1)(a), 241(6), Sch. 13 (with s. 226)

F14248Planning contribution: WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142Ss. 46-48 repealed (26.1.2009) by Planning Act 2008 (c. 29), ss. 225(1)(a), 241(6), Sch. 13 (with s. 226)

MiscellaneousE+W

49Development to include certain internal operationsE+W

(1)In the principal Act in section 55 (meaning of development) after subsection (2) there are inserted the following subsections—

(2A)The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.

(2B)The development order may make different provision for different purposes.

(2)This subsection applies if—

(a)section 55(2) of the principal Act is disapplied in respect of any operations by virtue of a development order under section 55(2A) of that Act,

(b)at the date the development order comes into force a certificate under section 192 of the principal Act (certificate of lawfulness of proposed use or development) is in force in respect of the operations, and

(c)before that date no such operations have been begun.

(3)If subsection (2) applies the certificate under section 192 of the principal Act is of no effect.

(4)A development order made for the purposes of section 55(2A) of the principal Act does not affect any operations begun before it is made.

Commencement Information

I83S. 49 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I84S. 49 in force at 10.5.2006 for E. so far as not already in force by S.I. 2006/1061, art. 2(b)

I85S. 49 in force at 22.6.2015 for W. so far as not already in force by S.I. 2015/340, art. 2(a)

50Appeal made: functions of local planning authorityE+W

(1)In the principal Act after section 78 (right to appeal) there is inserted the following section—

78AAppeal made: functions of local planning authorities

(1)This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2).

(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).

(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—

(a)the appeal must be treated as an appeal under section 78(1) against the refusal;

(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;

(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—

(a)to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;

(b)to revise the grounds of the appeal;

(c)to change any option the person has chosen relating to the procedure for the appeal.

(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.

(6)The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).

(2)In the listed buildings Act after section 20 (right to appeal) there is inserted the following section—

20AAppeal made: functions of local planning authorities

(1)This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2).

(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2).

(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—

(a)the appeal must be treated as an appeal under section 20(1) against the refusal;

(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;

(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—

(a)to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions;

(b)to revise the grounds of the appeal;

(c)to change any option the person has chosen relating to the procedure for the appeal.

(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.

(6)The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2).

(3)This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.

(4)The following are relevant applications—

(a)an application mentioned in section 78(1)(a) of the principal Act;

(b)an application mentioned in section 20(1)(a) of the listed buildings Act;

(c)an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).

Commencement Information

I86S. 50 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I87S. 50 in force at 22.6.2015 for W. so far as not already in force by S.I. 2015/340, art. 2(b)

51Duration of permission and consentE+W

(1)Section 91 of the principal Act (limit on duration of planning permission) is amended as follows—

(a)[F143in subsections (1)(a) and (3) for the words “five years” there is substituted “ three years ”;]

(b)after subsection (3) there are inserted the following subsections—

(3A)Subsection (3B) applies if any proceedings are begun to challenge the validity of a grant of planning permission or of a deemed grant of planning permission.

(3B)The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year.

(3C)Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.

(2)[F144In section 92 of that Act (outline planning permission)—

(a)in subsection (2)(b) sub-paragraph (i) is omitted;

(b)in subsection (2)(b) in sub-paragraph (ii) the words “if later” are omitted;

(c)in subsection (4) “five years” is omitted.]

(3)In section 73 of the principal Act (applications to develop land without compliance with existing conditions) after subsection (4) there is inserted the following subsection—

(5)Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—

(a)a development must be started;

(b)an application for approval of reserved matters (within the meaning of section 92) must be made.

(4)Section 18 of the listed buildings Act (limit of duration of listed buildings consent) is amended as follows—

(a)in subsections (1)(a) and (2) for the words “five years” there is substituted “ three years ”;

(b)after subsection (2) there are inserted the following subsections—

(2A)Subsection (2B) applies if any proceedings are begun to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent.

(2B)The period before the end of which the works to which the consent relates are required to be begun in pursuance of subsection (1) or (2) must be taken to be extended by one year.

(2C)Nothing in this section prevents the works being begun from the time the consent is granted.

(5)In section 19 of that Act (variation or discharge of conditions) after subsection (4) there is inserted the following subsection—

(5)But a variation or discharge of conditions under this section must not—

(a)vary a condition subject to which a consent was granted by extending the time within which the works must be started;

(b)discharge such a condition.

(6)This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after the commencement of the section.

Textual Amendments

F143S. 51(1)(a) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 35(8), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

F144S. 51(2) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 36(7), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

Commencement Information

I88S. 51 in force at 24.8.2005 for E. by S.I. 2005/2081, art. 2(c) (with art. 4(2))

I89S. 51(1)(b) in force at 22.6.2015 for specified purposes for W. by S.I. 2015/340, art. 3

52Temporary stop noticeE+W

After section 171D of the principal Act (penalties for non-compliance with planning contravention notice) there are inserted the following sections—

Temporary stop noticesE+W
171ETemporary stop notice

(1)This section applies if the local planning authority think—

(a)that there has been a breach of planning control in relation to any land, and

(b)that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.

(2)The authority may issue a temporary stop notice.

(3)The notice must be in writing and must—

(a)specify the activity which the authority think amounts to the breach;

(b)prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice);

(c)set out the authority’s reasons for issuing the notice.

(4)A temporary stop notice may be served on any of the following—

(a)the person who the authority think is carrying on the activity;

(b)a person who the authority think is an occupier of the land;

(c)a person who the authority think has an interest in the land.

(5)The authority must display on the land—

(a)a copy of the notice;

(b)a statement of the effect of the notice and of section 171G.

(6)A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5).

(7)A temporary stop notice ceases to have effect—

(a)at the end of the period of 28 days starting on the day the copy notice is so displayed,

(b)at the end of such shorter period starting on that day as is specified in the notice, or

(c)if it is withdrawn by the local planning authority.

171FTemporary stop notice: restrictions

(1)A temporary stop notice does not prohibit—

(a)the use of a building as a dwelling house;

(b)the carrying out of an activity of such description or in such circumstances as is prescribed.

(2)A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether or not continuously) for a period of four years ending with the day on which the copy of the notice is first displayed as mentioned in section 171E(6).

(3)Subsection (2) does not prevent a temporary stop notice prohibiting—

(a)activity consisting of or incidental to building, engineering, mining or other operations, or

(b)the deposit of refuse or waste materials.

(4)For the purposes of subsection (2) any period during which the activity is authorised by planning permission must be ignored.

(5)A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the local planning authority has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.

(6)In subsection (5) enforcement action includes obtaining the grant of an injunction under section 187B.

171GTemporary stop notice: offences

(1)A person commits an offence if he contravenes a temporary stop notice—

(a)which has been served on him, or

(b)a copy of which has been displayed in accordance with section 171E(5).

(2)Contravention of a temporary stop notice includes causing or permitting the contravention of the notice.

(3)An offence under this section may be charged by reference to a day or a longer period of time.

(4)A person may be convicted of more than one such offence in relation to the same temporary stop notice by reference to different days or periods of time.

(5)A person does not commit an offence under this section if he proves—

(a)that the temporary stop notice was not served on him, and

(b)that he did not know, and could not reasonably have been expected to know, of its existence.

(6)A person convicted of an offence under this section is liable—

(a)on summary conviction, to a fine not exceeding £20,000;

(b)on conviction on indictment, to a fine.

(7)In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.

171HTemporary stop notice: compensation

(1)This section applies if and only if a temporary stop notice is issued and at least one of the following paragraphs applies—

(a)the activity which is specified in the notice is authorised by planning permission or a development order or local development order;

(b)a certificate in respect of the activity is issued under section 191 or granted under that section by virtue of section 195;

(c)the authority withdraws the notice.

(2)Subsection (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in section 171E(6).

(3)Subsection (1)(c) does not apply if the notice is withdrawn following the grant of planning permission as mentioned in subsection (2).

(4)A person who at the time the notice is served has an interest in the land to which the notice relates is entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition effected by the notice.

(5)Subsections (3) to (7) of section 186 apply to compensation payable under this section as they apply to compensation payable under that section; and for that purpose references in those subsections to a stop notice must be taken to be references to a temporary stop notice.

Commencement Information

I90S. 52 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I91S. 52 in force at 7.3.2005 for E. so far as not already in force by S.I. 2005/204, art. 2

I92S. 52 in force at 22.6.2015 for W. so far as not already in force by S.I. 2015/340, art. 2(c)

53Fees and chargesE+W

[F145(1)Section 303 (fees for planning applications, etc) of the principal Act is amended as follows.

(2)The following subsections are substituted for subsections (1) and (2)—

(1)The appropriate authority may by regulations make provision for the payment of a charge or fee to a local planning authority in respect of—

(a)the performance by the local planning authority of any function they have;

(b)anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function.

(2)The regulations may prescribe—

(a)the person by whom the charge or fee is payable;

(b)provision as to the calculation of the charge or fee (including the person by whom it is to be calculated);

(c)circumstances in which no charge or fee is to be paid;

(d)circumstances in which a charge or fee is to be transferred from one local planning authority to another.

(2A)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.

(3)In subsection (4) after the first “prescribed” there is inserted “ charge or ”.

(4)After subsection (5) there are inserted the following subsections—

(5A)If the local planning authority calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of the performance of the function or doing of the thing (as the case may be).

(5B)A financial year is the period of 12 months beginning with 1 April.

(5)Subsection (6) is omitted.]

Textual Amendments

Commencement Information

I93S. 53 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I94S. 53 in force at 7.3.2005 for E. so far as not already in force by S.I. 2005/204, art. 2

I95S. 53 in force at 1.4.2006 for W. so far as not already in force by S.I. 2006/931, art. 2

54Duty to respond to consultationE+W

(1)This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any enactment.

(2)A prescribed requirement to consult is a requirement—

(a)with which the appropriate authority or a local planning authority must comply before granting any permission, approval or consent under or by virtue of the planning Acts;

(b)which is prescribed for the purposes of this subsection.

(3)At any time before an application is made for any permission, approval or consent mentioned in subsection (2) any person may in relation to a proposed development consult the consultee on any matter in respect of which the appropriate authority is or the local planning authority are required to consult the consultee.

(4)The consultee must give a substantive response to any consultation mentioned in subsection (2) or by virtue of subsection (3) before the end of—

(a)the period prescribed for the purposes of this subsection, or

(b)such other period as is agreed in writing between the consultee and the appropriate authority or the local planning authority (as the case may be).

(5)The appropriate authority may also prescribe—

(a)the procedure to be followed for the purposes of this section;

(b)the information to be provided to the consultee for the purposes of the consultation;

(c)the requirements of a substantive response.

(6)Anything prescribed for the purposes of subsections (1) to (5) must be prescribed by development order.

(7)A development order may—

(a)require consultees to give the appropriate authority a report as to their compliance with subsection (4);

(b)prescribe the form and content of the report;

(c)prescribe the times at which the report is to be made.

(8)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales.

Commencement Information

I96S. 54 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I97S. 54 in force at 24.8.2005 for E. so far as not already in force by S.I. 2005/2081, art. 2(d)(i) (with art. 4(3))

I98S. 54 in force at 22.6.2015 for W. so far as not already in force by S.I. 2015/340, art. 2(d) (with art. 4)

55Time in which Secretary of State to take decisionsE+W

(1)Schedule 2 contains provisions about the time in which the Secretary of State must take certain decisions.

(2)But Schedule 2 does not apply in relation to any decision taken in the exercise of a function in relation to Wales if the function is exercisable in relation to Wales by the National Assembly for Wales by virtue of an order under section 22 of the Government of Wales Act 1998 (c. 38).

Commencement Information

I99S. 55 in force at 1.4.2005 for E. so far as not already in force by S.I. 2005/204, art. 3

Part 5E+WCorrection of errors

56Correction of errors in decisionsE+W

(1)This section applies if the Secretary of State or an inspector issues a decision document which contains a correctable error.

(2)The Secretary of State or the inspector (as the case may be) may correct the error—

(a)if he is requested to do so in writing by any person;

(b)if he sends a statement in writing to the applicant which explains the error and states that he is considering making the correction.

(3)But the Secretary of State or inspector must not correct the error unless—

(a)not later than the end of the relevant period he receives a request mentioned in subsection (2)(a) or sends a statement mentioned in subsection (2)(b), [F146and]

(b)he informs the local planning authority of that fact, F147...

F147(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The relevant period—

(a)is the period within which an application or appeal may be made to the High Court in respect of the decision recorded in the decision document;

(b)does not include any time by which such a period may be extended by the High Court.

(5)It is immaterial whether any such application or appeal is made.

F148(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F148(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57Correction noticeE+W

(1)If paragraph (a) or (b) of section 56(2) applies the Secretary of State or the inspector must as soon as practicable after making any correction or deciding not to make any correction issue a notice in writing (a correction notice) which—

(a)specifies the correction of the error, or

(b)gives notice of his decision not to correct such an error.

(2)The Secretary of State or the inspector (as the case may be) must give the correction notice to—

(a)the applicant;

(b)if the applicant is not the owner of the land in respect of which the original decision was made, the owner;

(c)the local planning authority for the area in which the land in respect of which the decision was made is situated;

(d)if the correction was requested by any other person, that person.

(3)The Secretary of State may by order specify any other person or description of persons to whom the correction notice must be given.

Commencement Information

I101S. 57 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I102S. 57 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(a)

58Effect of correctionE+W

(1)If a correction is made in pursuance of section 56—

(a)the original decision is taken not to have been made;

(b)the decision is taken for all purposes to have been made on the date the correction notice is issued.

(2)If a correction is not made—

(a)the original decision continues to have full force and effect;

(b)nothing in this Part affects anything done in pursuance of or in respect of the decision.

(3)Section 288 of the principal Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were an action on the part of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in—

(a)paragraph (a) of section 59(4) below, or

(b)paragraph (b) of that section, if it is a decision mentioned in section 177 of the principal Act (grant or modification of planning permission on appeal against enforcement notice).

(4)Section 289 of the principal Act (appeals to the High Court relating to enforcement notices and notices under section 207 of that Act) applies to the correction notice as if it were a decision of the Secretary of State mentioned in—

(a)subsection (1) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (b) of section 59(4) below (not being a decision mentioned in section 177 of the principal Act), or

(b)subsection (2) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (c) of section 59(4) below.

(5)Section 63 of the listed buildings Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in any of paragraphs (d) to (f) of section 59(4) below.

(6)Section 22 of the hazardous substances Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State under section 20 or 21 of that Act, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (g) of section 59(4) below.

(7)If the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (h) of section 59(4) the Secretary of State must by order make provision for questioning the validity of the notice which corresponds to the provisions of the planning Acts mentioned in subsections (3) to (6) above.

(8)Except to the extent provided for by virtue of this section a correction notice must not be questioned in any legal proceedings.

Commencement Information

I103S. 58 in force at 28.9.2004 by S.I. 2004/2202, art. 3(a)

59SupplementaryE+W

(1)This section applies for the purposes of this Part.

(2)An inspector is a person appointed under any of the planning Acts to determine appeals instead of the Secretary of State [F149or appointed under section 76D of the principal Act to determine applications instead of the Secretary of State] .

[F150(2A)An inspector is also a person appointed under Schedule 4D of the principal Act to determine an application instead of the Welsh Ministers.]

(3)In the case of a decision document issued by an inspector any other inspector may act under this Part.

(4)A decision document is a document which records any of the following decisions—

(a)a decision of any description which constitutes action on the part of the Secretary of State under section 284(3) of the principal Act (decisions which are not to be questioned in legal proceedings);

(b)a decision in proceedings on an appeal under Part 7 of that Act (enforcement notices);

(c)a decision in proceedings on an appeal under section 208 of that Act (appeals against enforcement notices relating to trees);

(d)a decision mentioned in section 62(2) of the listed buildings Act (decisions which are not to be questioned in legal proceedings);

(e)a decision on an appeal under section 39 of that Act (appeals against listed building enforcement notices);

(f)a decision relating to conservation area consent within the meaning of section 74(1) of that Act (consent required for demolition of certain buildings);

(g)a decision under section 20 or 21 of the hazardous substances Act (certain applications referred to and appeals determined by the Secretary of State);

(h)a decision under any of the planning Acts which is of a description specified by the Secretary of State by order.

(5)A correctable error is an error—

(a)which is contained in any part of the decision document which records the decision, but

(b)which is not part of any reasons given for the decision.

(6)The applicant is—

(a)in the case of a decision made on an application under any of the planning Acts, the person who made the application;

(b)in the case of a decision made on an appeal under any of those Acts, the appellant.

(7)The owner in relation to land is a person who—

(a)is the estate owner in respect of the fee simple;

(b)is entitled to a tenancy granted or extended for a term of years simple of which not less than seven years remain unexpired;

(c)is entitled to an interest in any mineral prescribed by a development order, in the case of such applications under the principal Act as are so prescribed.

(8)Error includes omission.

(9)For the purposes of the exercise of any function under this Part in relation to Wales references to the Secretary of State must be construed as references to the National Assembly for Wales.

Textual Amendments

F149Words in s. 59(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 12; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F150S. 59(2A) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 3 para. 2; S.I. 2016/52, art. 3(d)

Commencement Information

I104S. 59 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I105S. 59 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(a)

Part 6E+WWales

[F151National Development Framework]E+W

Textual Amendments

F151Ss. 60-60C and cross-heading substituted for s. 60 (6.9.2015 for specified purposes, 4.1.2016 for the substitution of ss. 60, 60A, 60B so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 3, 58(2)(b)(4)(b); S.I. 2015/1987, art. 2 (with art. 7)

[F15160 National Development Framework for WalesE+W

(1)There must be a plan, prepared and published by the Welsh Ministers, to be known as the National Development Framework for Wales.

(2)The Framework must set out such of the policies of the Welsh Ministers in relation to the development and use of land in Wales as the Welsh Ministers consider appropriate.

(3)The Framework may specify that development of a particular description, in a particular area or location, is to constitute development of national significance for the purposes of section 62D of the principal Act (development of national significance: applications to be made to Welsh Ministers).

(4)The Framework must give reasons for—

(a)the policies that it sets out, and

(b)any provision that it makes as mentioned in subsection (3).

(5)The Framework must explain how, in preparing the Framework, the Welsh Ministers have taken into account relevant policies set out in—

[F152(za)the national natural resources policy published under section 9 of the Environment (Wales) Act 2016,]

(a)any marine plan adopted and published by them under Part 3 of the Marine and Coastal Access Act 2009, and

(b)the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006.

(6)The Framework must specify the period for which it is to have effect.

(7)A plan ceases to be the National Development Framework for Wales on the expiry of the period specified under subsection (6).]

Textual Amendments

[F15160APreparation of Framework: statement of public participationE+W

(1)The Welsh Ministers must prepare and publish a statement of public participation setting out their policies relating to the consultation to be carried out in preparing the National Development Framework for Wales.

(2)In particular, the statement must include provision about—

(a)the form that the consultation will take,

(b)when the consultation will take place, and

(c)the steps that will be taken to involve members of the public in the preparation of the Framework.

(3)The statement must provide that, as part of the consultation, the Welsh Ministers will—

(a)publish a draft of the Framework, and

(b)allow a period of 12 weeks beginning with the publication of the draft Framework during which any person may make representations with regard to the draft.

(4)The Welsh Ministers may revise the statement, and must publish the statement as revised.

60BProcedure for preparation and publication of FrameworkE+W

(1)Before publishing the National Development Framework for Wales, the Welsh Ministers must—

(a)prepare a draft of the Framework,

(b)carry out an appraisal of the sustainability of the policies set out in the draft, and

(c)carry out consultation in accordance with the statement of public participation.

(2)The appraisal under subsection (1)(b) must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language.

(3)If, after complying with subsection (1), the Welsh Ministers wish to proceed with the draft of the Framework (with or without changes), they must lay before the National Assembly for Wales—

(a)the draft, and

(b)a report which—

(i)summarises the representations they received during the consultation carried out under subsection (1)(c), and

(ii)explains how they have taken the representations into account.

(4)The Welsh Ministers must have regard to—

(a)any resolution passed by the National Assembly for Wales with regard to the draft Framework during the Assembly consideration period, and

(b)any recommendation made by a committee of the National Assembly with regard to the draft during that period.

(5)After the expiry of the Assembly consideration period, the Welsh Ministers—

(a)may publish the National Development Framework for Wales in the terms of the draft laid under subsection (3), or

(b)if they propose to make changes to that draft, may—

(i)lay before the National Assembly for Wales an amended draft of the Framework, and

(ii)publish the National Development Framework for Wales in the terms of the amended draft.

(6)If any resolution was passed or any recommendation was made as mentioned in subsection (4), the Welsh Ministers must also, not later than the day on which the Framework is published, lay before the National Assembly for Wales a statement explaining how they have had regard to the resolution or recommendation.

(7)In this section, “the Assembly consideration period” means the period of 60 days beginning with the day on which a draft of the Framework is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

60CReview and revision of FrameworkE+W

(1)The Welsh Ministers must keep the National Development Framework for Wales under review.

(2)The Welsh Ministers may revise the Framework at any time, and must publish the Framework as revised.

(3)Sections 60A and 60B apply for the purposes of the revision of the Framework, as if references to the Framework (or a draft of the Framework) were references to the Framework as revised (or a draft of the Framework as revised).

(4)Subsection (5) applies if the Welsh Ministers, having published a draft of a revised Framework in accordance with the statement of public participation, decide not to proceed with the revision of the Framework.

(5)The Welsh Ministers must—

(a)publish notice of their decision and the reasons for it, and

(b)if a draft of a revised Framework has been laid before the National Assembly for Wales under section 60B(3), lay a copy of the notice before the National Assembly.

(6)Subsection (7) applies if—

(a)a review period ends, and

(b)the Welsh Ministers have not, within that period—

(i)published a revised Framework, or

(ii)laid a draft revised Framework before the National Assembly for Wales under section 60B(3).

(7)As soon as reasonably practicable after the end of the review period, the Welsh Ministers must publish and lay before the National Assembly for Wales a statement—

(a)setting out their assessment of whether the Framework should be revised and giving reasons for that assessment, and

(b)if they consider that the Framework should be revised, setting out a timetable for its revision.

(8)For the purposes of subsections (6) and (7)—

(a)the first review period—

(i)begins with the day on which the Framework is first published, and

(ii)ends with the fifth anniversary of the day on which the Framework is first published or, if earlier, with the day on which a revised Framework is published;

(b)each subsequent review period—

(i)begins with the day after the last day of the preceding review period, and

(ii)ends with the fifth anniversary of the last day of the preceding review period or, if earlier, with the day on which a revised Framework is published.]

[F153Strategic planningE+W

Textual Amendments

F153Ss. 60D-60G and cross-heading inserted (6.9.2015 for specified purposes, 5.10.2015 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 4(1), 58(2)(b)(4)(b); S.I. 2015/1736, art. 2(a)

60DPower to designate strategic planning area and establish strategic planning panelE+W

(1)The Welsh Ministers may by regulations—

(a)designate an area in Wales as a strategic planning area for the purposes of this Part, and

(b)establish a strategic planning panel for that area.

(2)A strategic planning area must comprise—

(a)all of the area of one local planning authority, and

(b)all or part of the area of at least one other local planning authority.

(3)The Welsh Ministers must not make regulations under this section unless—

(a)they have given a direction under section 60E(1) to a local planning authority all or part of whose area is included in the strategic planning area to be designated by the regulations,

(b)either—

(i)a proposal for an area to be designated has been submitted in accordance with section 60E(6), or

(ii)the period for complying with section 60E(6) has ended without a proposal being submitted, and

(c)they have carried out any consultation required by section 60F(1).

(4)Paragraphs (a) and (b) of subsection (3) do not apply in relation to regulations that revoke or amend previous regulations under this section.

(5)Schedule 2A contains provisions about strategic planning panels.

60EPreparation and submission of proposal for strategic planning areaE+W

(1)The Welsh Ministers may direct one or more local planning authorities to submit a proposal for an area to be designated as a strategic planning area under section 60D.

(2)If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so.

(3)In this section, the “responsible authority” means—

(a)where a direction under subsection (1) is given to a single local planning authority, that authority;

(b)where a direction under subsection (1) is given to two or more local planning authorities, those authorities acting jointly.

(4)The responsible authority must prepare a proposal for an area to be designated as a strategic planning area.

(5)Before submitting the proposal to the Welsh Ministers, the responsible authority must consult—

(a)each local planning authority, other than one to which the direction under subsection (1) was given, for an area all or part of which is included in the proposed strategic planning area, and

(b)any other persons specified in, or of a description specified in, the direction.

(6)The responsible authority must submit to the Welsh Ministers—

(a)the proposal, and

(b)a report about the consultation carried out under subsection (5).

(7)A proposal submitted under subsection (6)(a) must include—

(a)a map showing the boundaries of the area which the responsible authority propose should be designated as a strategic planning area,

(b)a statement of the reasons for proposing that area, and

(c)any other information specified by the Welsh Ministers in the direction given under subsection (1).

(8)The responsible authority must comply with subsection (6)—

(a)before the end of any period specified in the direction;

(b)if no period is specified in the direction, before the end of six months beginning with the day on which the direction is given.

(9)The Welsh Ministers may agree to extend the period for complying with subsection (6) in a particular case.

(10)The responsible authority must comply with any requirements set out in the direction as to—

(a)how the consultation required by subsection (5) must be carried out;

(b)the form and content of the report about the consultation;

(c)how the proposal and the report must be submitted under subsection (6).

(11)Subsection (12) applies if the Welsh Ministers, having given a direction under subsection (1), decide not to designate a strategic planning area.

(12)The Welsh Ministers must give notice of their decision and the reasons for it—

(a)to the responsible authority, and

(b)if a proposal has been submitted under subsection (6), to each authority within subsection (5)(a).

60FConsultation by Welsh Ministers before making certain regulations under section 60DE+W

(1)If the Welsh Ministers propose to make regulations under section 60D to which this section applies, they must consult—

(a)each relevant local planning authority, and

(b)any other persons they consider appropriate.

(2)This section applies to regulations under section 60D if the Welsh Ministers have given a direction under section 60E(1) and—

(a)the boundaries of the strategic planning area that would be designated by the regulations are different from the boundaries of the area proposed under section 60E(6) pursuant to the direction, or

(b)the period for complying with section 60E(6) has ended without a proposal being submitted.

(3)This section also applies to regulations under section 60D revoking or amending previous regulations under that section.

(4)A local planning authority is a relevant local planning authority in relation to regulations to which this section applies if all or part of the authority's area is included in—

(a)the strategic planning area that would be designated by the regulations, or

(b)a strategic planning area designated by previous regulations under section 60D that would be revoked or amended by the regulations.

60GProvision of information to Welsh MinistersE+W

A local planning authority must provide the Welsh Ministers with any information that the Welsh Ministers request for the purpose of exercising their functions under sections 60D to 60F.]

[F15460HStrategic planning area: surveyE+W

(1)A strategic planning panel must keep under review the matters which may be expected to affect the development of its strategic planning area or the planning of the development of that area.

(2)Subsections (2) to (5) of section 61 apply in relation to a strategic planning panel as they apply in relation to a local planning authority.

(3)In subsections (2) to (5) of section 61 as they apply by virtue of subsection (2)—

(a)references to a local planning authority are to be construed as references to a strategic planning panel;

(b)references to a neighbouring area are to be construed as references to a neighbouring strategic planning area.]

Textual Amendments

F154S. 60H inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 5, 58(2)(b)(4)(b)

[F15560IStrategic development planE+W

(1)A strategic planning panel must prepare a plan for its strategic planning area, to be known as a strategic development plan.

(2)The plan must set out—

(a)the panel's objectives in relation to the development and use of land in its area;

(b)the panel's policies for the implementation of those objectives.

(3)A strategic development plan must be in general conformity with the National Development Framework for Wales.

(4)The plan must specify the period for which it is to have effect.

(5)The Welsh Ministers may by regulations make provision about—

(a)the period that may be specified under subsection (4);

(b)the form and content of the plan.

(6)In preparing a strategic development plan, the strategic planning panel must have regard to—

(a)current national policies;

(b)the National Development Framework for Wales;

(c)the strategic development plan for any strategic planning area that adjoins the panel's area;

(d)the local development plan for each area all or part of which is included in the panel's area;

(e)the resources likely to be available for implementing the strategic development plan;

(f)any other matters prescribed by the Welsh Ministers in regulations.

(7)The panel must also—

(a)carry out an appraisal of the sustainability of the plan;

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

(8)The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the strategic planning area.

(9)A plan is a strategic development plan only in so far as it is—

(a)adopted by resolution of the strategic planning panel as a strategic development plan, or

(b)approved by the Welsh Ministers under section 65 or 71 (as they apply by virtue of section 60J).

(10)The plan ceases to be a strategic development plan on the expiry of the period specified under subsection (4).

Textual Amendments

F155Ss. 60I, 60J inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 6, 58(2)(b)(4)(b)

60JStrategic development plan: application of provisions of this PartE+W

(1)The provisions specified in subsection (3) apply in relation to a strategic development plan as they apply in relation to a local development plan.

(2)Accordingly, where a provision specified in subsection (3) confers power for the Welsh Ministers to make provision by regulations in respect of a local development plan, that power is also exercisable so as to make provision in respect of a strategic development plan.

(3)The provisions are sections 63 to 68, 68A(1), 69 to 71, 73 and 75 to 77.

(4)In those provisions as they apply by virtue of subsection (1)—

(a)references to a local planning authority are to be construed as references to a strategic planning panel;

(b)references to a local development plan are to be construed as references to a strategic development plan.

(5)In section 64(5)(a) as it applies by virtue of this section, the reference to section 62 is to be construed as a reference to section 60I.

(6)In section 77(2)(a) as it applies by virtue of this section, the reference to section 62(6) is to be construed as a reference to section 60I(7).]

Textual Amendments

F155Ss. 60I, 60J inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 6, 58(2)(b)(4)(b)

SurveyE+W

61SurveyE+W

(1)The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development.

(2)These matters include—

(a)the principal physical, economic, social and environmental characteristics of the area of the authority [F156(including the extent to which the Welsh language is used in the area)] ;

(b)the principal purposes for which land is used in the area;

(c)the size, composition and distribution of the population of the area;

(d)the communications, transport system and traffic of the area;

(e)any other considerations which may be expected to affect those matters;

(f)such other matters as may be prescribed or as the Assembly in a particular case may direct.

(3)These matters also include—

(a)any changes which the authority think may occur in relation to any other matter;

(b)the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.

(4)The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority.

(5)In exercising a function under subsection (4) a local planning authority must consult the local planning authority for the neighbouring area in question.

(6)If a neighbouring area is in England references to the local planning authority for that area must be construed in accordance with Part 2.

Textual Amendments

F156Words in s. 61(2)(a) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 11(2), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(a)

Commencement Information

I106S. 61 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(a)

PlansE+W

62Local development planE+W

(1)The local planning authority must prepare a plan for their area to be known as a local development plan.

(2)The plan must set out—

(a)the authority’s objectives in relation to the development and use of land in their area;

(b)their general policies for the implementation of those objectives.

(3)The plan may also set out specific policies in relation to any part of the area of the authority.

[F157(3A)The plan must be in general conformity with—

(a)the National Development Framework for Wales, and

(b)the strategic development plan for any strategic planning area that includes all or part of the area of the authority.]

[F158(3B)The plan must specify the period for which it is to have effect.]

(4)Regulations under this section may [F159

(a)make provision about the period that may be specified under subsection (3B);

(b)]prescribe the form and content of the plan.

(5)In preparing a local development plan the authority must have regard to—

(a)current national policies;

(b)[F160the Wales Spatial Plan;]

[F160the National Development Framework for Wales;

(ba)the strategic development plan for any strategic planning area that—

(i)includes all or part of the area of the authority, or

(ii)adjoins that area;]

[F161(bb)any area statement published under section 11 of the Environment (Wales) Act 2016 for an area that includes all or part of the area of the authority;]

(c)the RSS for any region which adjoins the area of the authority;

[F162(d)any relevant [F163local well-being plan];]

(f)the resources likely to be available for implementing the plan;

(g)such other matters as the Assembly prescribes.

(6)The authority must also—

(a)carry out an appraisal of the sustainability of the plan;

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

[F164(6A)The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area of the authority.]

[F165(7)A local well-being plan is relevant if it has been published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by—

(a)in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member;

(b)in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area.]

(8)A plan is a local development plan only in so far as it—

(a)is adopted by resolution of the local planning authority as a local development plan;

(b)is approved by the Assembly under section 65 or 71.

[F166(9)A plan ceases to be a local development plan on the expiry of the period specified under subsection (3B).]

Textual Amendments

F157S. 62(3A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 7(1), 58(2)(b)(4)(b)

F158S. 62(3B) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 12(2), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(b)

F159Words in s. 62(4) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 12(3), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(b)

F160S. 62(5)(b)(ba) substituted for s. 62(5)(b) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 25

F164S. 62(6A) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 11(3), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(a) (with art. 6)

F166S. 62(9) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 12(4), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(b)

Modifications etc. (not altering text)

Commencement Information

I107S. 62(1)-(3)(5)(a)-(f)(6)-(8) in force at 30.4.2005 by S.I. 2005/1229, art. 2(a) (with art. 4, Sch.) (which transitional provisions in art. 4 are revoked (15.10.2005) by S.I. 2005/2722, art. 4)

I108S. 62(4)(5)(g) in force at 1.8.2004 by S.I. 2004/1813, art. 2(a)

63Preparation requirementsE+W

(1)A local development plan must be prepared in accordance with—

(a)the local planning authority’s community involvement scheme;

(b)the timetable for the preparation and adoption of the authority’s local development plan.

(2)The authority’s community involvement scheme is a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under this Part of the persons to which subsection (3) applies.

(3)The persons mentioned in subsection (2)—

(a)must include such persons as the Assembly prescribes;

(b)may include such other persons as appear to the authority to have an interest in matters relating to development in the area of the authority.

(4)The authority and the Assembly must attempt to agree the terms of the documents mentioned in paragraphs (a) and (b) of subsection (1).

(5)But to the extent that the Assembly and the authority cannot agree the terms the Assembly may direct that the documents must be in the terms specified in the direction.

(6)The authority must comply with the direction.

(7)The Assembly may prescribe—

(a)the procedure in respect of the preparation of the documents mentioned in paragraphs (a) and (b) of subsection (1);

(b)the form and content of the documents;

(c)the time at which any step in the preparation of the documents must be taken;

(d)publicity about the documents;

(e)making the documents available for inspection by the public;

(f)circumstances in which the requirements of the documents need not be complied with.

Commencement Information

I109S. 63(1)(2)(3)(b)(4)-(6) in force at 30.4.2005 by S.I. 2005/1229, art. 2(b) (with art. 4, Sch.) (which transitional provisions in art. 4 are revoked (15.10.2005) by S.I. 2005/2722, art. 4)

I110S. 63(3)(a)(7) in force at 1.8.2004 by S.I. 2004/1813, art. 2(b)

64Independent examinationE+W

(1)The local planning authority must submit their local development plan to the Assembly for independent examination.

(2)But the authority must not submit a plan unless—

(a)they have complied with any relevant requirements contained in regulations under this Part, and

(b)they think the plan is ready for independent examination.

(3)The authority must also send to the Assembly (in addition to the local development plan) such other documents (or copies of documents) and such information as is prescribed.

(4)The examination must be carried out by a person appointed by the Assembly.

(5)The purpose of the independent examination is to determine in respect of a local development plan—

(a)whether it satisfies the requirements of sections 62 and 63 and of regulations under section 77;

(b)whether it is sound.

(6)Any person who makes representations seeking to change a local development plan must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

(7)The person appointed to carry out the examination must—

(a)make recommendations;

(b)give reasons for the recommendations.

(8)The local planning authority must publish the recommendations and the reasons.

Commencement Information

I111S. 64 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(b)

65Intervention by AssemblyE+W

(1)If the Assembly thinks that a local development plan is unsatisfactory—

(a)it may at any time before the plan is adopted by the local planning authority direct them to modify the plan in accordance with the direction;

(b)if it gives such a direction it must state its reasons for doing so.

(2)The authority—

(a)must comply with the direction;

(b)must not adopt the plan unless the Assembly gives notice that it is satisfied that they have complied with the direction.

(3)But subsection (2) does not apply if the Assembly withdraws the direction.

(4)At any time before a local development plan is adopted by a local planning authority the Assembly may direct that the plan is submitted to it for its approval.

(5)The following paragraphs apply if the Assembly gives a direction under subsection (4)—

(a)the authority must not take any step in connection with the adoption of the plan until the Assembly gives its decision;

(b)if the direction is given before the authority have submitted the plan under section 64(1) the Assembly must hold an independent examination and section 64(4) to (7) applies accordingly;

(c)if the direction is given after the authority have submitted the plan the person appointed to carry out the examination must make his recommendations to the Assembly;

(d)the plan has no effect unless it has been approved by the Assembly.

(6)The Assembly must publish the recommendations made to it by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.

(7)In considering a plan submitted under subsection (4) the Assembly may take account of any matter which it thinks is relevant.

(8)It is immaterial whether any such matter was taken account of by the authority.

(9)The Assembly—

(a)may approve, approve subject to specified modifications or reject a plan submitted to it under subsection (4);

(b)must give reasons for its decision under paragraph (a).

(10)In the exercise of any function under this section the Assembly must have regard to the documents mentioned in paragraphs (a) and (b) of section 63(1).

Commencement Information

I112S. 65 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(c)

[F16766Withdrawal of local development plan in accordance with directionE+W

(1)The Welsh Ministers may, at any time before a local development plan is adopted under section 67, direct the local planning authority to withdraw the plan.

(2)If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so.

(3)The authority must withdraw the plan in accordance with the direction.]

Textual Amendments

F167Ss. 66, 66A substituted for s. 66 (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 13, 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(c)

[F16766AWithdrawal of local development plan in absence of directionE+W

(1)This section applies where a local planning authority are not required to withdraw their local development plan under section 66.

(2)Subject to the provisions of this section, the authority may withdraw the plan at any time before adopting it under section 67.

(3)A local planning authority may not withdraw their local development plan when the Welsh Ministers have—

(a)directed the authority to submit the plan for approval under section 65(4), or

(b)taken any step under section 71 in connection with the plan.

(4)A local planning authority may withdraw a local development plan that has been submitted for independent examination under section 64 only if—

(a)the person carrying out the independent examination recommends that the plan is withdrawn, and

(b)the recommendation is not overruled by a direction given by the Welsh Ministers.

(5)A local planning authority may withdraw a local development plan to which subsection (6) applies only if—

(a)the authority have given notice to the Welsh Ministers of their intention to withdraw the plan, and

(b)the notice period has expired.

(6)This subsection applies to a local development plan if the local planning authority—

(a)have not yet submitted the plan for independent examination under section 64, but

(b)have taken steps in connection with the preparation of the plan that are specified in regulations made by the Welsh Ministers.

(7)Where a local planning authority have given notice under subsection (5)(a), the Welsh Ministers may, by direction to the authority, do either or both of the following—

(a)require the authority to provide further information;

(b)extend the notice period.

(8)The Welsh Ministers may by regulations make provision about the giving of notices and directions under this section (including provision about their form and content and how they are to be given).

(9)Subject to any direction given under subsection (7)(b) in a particular case, the “notice period” means whatever period, beginning with the giving of notice under subsection (5)(a), is specified in regulations made by the Welsh Ministers].

Textual Amendments

F167Ss. 66, 66A substituted for s. 66 (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 13, 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(c)

67Adoption of local development planE+W

(1)The local planning authority may adopt a local development plan as originally prepared if the person appointed to carry out the independent examination of the plan recommends that the plan as originally prepared is adopted.

(2)The authority may adopt a local development plan with modifications if the person appointed to carry out the independent examination of the plan recommends the modifications.

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

(4)But the authority must not adopt a local development plan if the Assembly directs them not to do so.

Commencement Information

I113S. 67 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(e)

68Revocation of local development planE+W

The Assembly may at any time revoke a local development plan at the request of the local planning authority.

Commencement Information

I114S. 68 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(f)

[F16868ADuty to consider whether to review local development planE+W

(1)Following the publication of the National Development Framework for Wales or a revised Framework, a local planning authority must consider whether to carry out a review of their local development plan.

(2)Following the adoption or approval of a strategic development plan or revised strategic development plan for a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area must consider whether to carry out a review of their local development plan.]

Textual Amendments

F168S. 68A inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 8(1), 58(2)(b)(4)(b)

69Review of local development planE+W

(1)A local planning authority must carry out a review of their local development plan [F169at such times as the Assembly prescribes][F169—.

(a)if, after consideration under section 68A, they think that the plan should be reviewed, and

(b)at such other times as the Welsh Ministers prescribe]

(2)The authority must report to the Assembly on the findings of their review.

(3)A review must—

(a)be in such form as is prescribed;

(b)be published in accordance with such requirements as are prescribed.

Textual Amendments

F169S. 69(1)(a)(b) substituted for words in s. 69(1) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 8(2), 58(2)(b)(4)(b)

Commencement Information

I115S. 69 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(g)

70Revision of local development planE+W

(1)The local planning authority may at any time prepare a revision of a local development plan.

(2)The authority must prepare a revision of a local development plan—

(a)if the Assembly directs them to do so;

(b)if, following a review under section 69, they think that the plan should be revised.

(3)This Part applies to the revision of a local development plan as it applies to the preparation of the plan.

Commencement Information

I116S. 70 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(h)

71Assembly’s default powerE+W

(1)This section applies if the Assembly thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a local development plan.

(2)The Assembly must hold an independent examination and section 64(4) to (7) applies accordingly.

(3)The Assembly must publish the recommendations and reasons of the person appointed to hold the examination.

(4)The Assembly may—

(a)prepare or revise (as the case may be) the plan, and

(b)approve the plan as a local development plan.

(5)The Assembly must give reasons for anything it does in pursuance of subsection (4).

(6)The authority must reimburse the Assembly for any expenditure it incurs in connection with anything—

(a)which is done by it under subsection (4), and

(b)which the authority failed or omitted to do as mentioned in subsection (1).

Commencement Information

I117S. 71 in force at 5.10.2005 for specified purposes and 15.10.2005 in so far as not already in force by S.I. 2005/2722, art. 2(i)

72Joint local development plansE+W

[F170(A1)The Welsh Ministers may direct two or more local planning authorities to prepare a joint local development plan.

(A2)But a direction under subsection (A1) may not be given to a National Park authority.]

(1)Two or more local planning authorities may [F171, in the absence of a direction to any of them under subsection (A1),] agree to prepare a joint local development plan.

[F172(1A)If the Welsh Ministers give a direction under subsection (A1), they must state their reasons for doing so.

(1B)The authorities to which a direction is given must, subject to any withdrawal or variation of the direction, act jointly in exercising their functions under this Part relating to local development plans.]

(2)This Part applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a joint local development plan as it applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a local development plan.

(3)For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local development plan must be done by or in relation to each of the authorities mentioned in subsection [F173(A1) or] (1) in connection with a joint local development plan.

(4)Subsections (5) to (7) apply if [F174

(a)the Welsh Ministers withdraw a direction under subsection (A1) or vary such a direction so that it ceases to apply to a local planning authority, or

(b)]a local planning authority withdraw from an agreement mentioned in s ubsection (1).

(5)Any step taken in relation to the plan must be treated as a step taken by—

(a)an authority [F175to which the direction was given or] which was a party to the agreement for the purposes of any corresponding plan prepared by them;

(b)two or more other authorities [F176to which the direction was given or which] were parties to the agreement for the purposes of any corresponding joint local development plan.

(6)Any independent examination of a local development plan to which the [F177direction or] agreement relates must be suspended.

(7)If before the end of the period prescribed for the purposes of this subsection an authority [F178to which the direction was given or] which was a party to the agreement requests the Assembly to do so it may direct that—

(a)the examination is resumed in relation to the corresponding plan;

(b)any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

[F179(7A)The Welsh Ministers may by regulations—

(a)specify circumstances in which subsections (5) and (7) are not to apply in relation to an authority;

(b)make provision as to what is a corresponding plan or corresponding joint local development plan.]

(8)A joint local development plan is a local development plan prepared jointly by two or more local planning authorities.

Textual Amendments

F170S. 72(A1)(A2) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(2), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F171Words in s. 72(1) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(3), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F172S. 72(1A)(1B) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(4), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F173Words in s. 72(3) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(5), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F174Words in s. 72(4) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 14(6), 58(2)(b)(4)(b); S.I. 2015/1987, art. 3(d)

F175Words in s. 72(5)(a) inser