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Planning and Compulsory Purchase Act 2004

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19Preparation of local development documentsE+W

This section has no associated Explanatory Notes

(1)[F1Development plan documents] must be prepared in accordance with the local development scheme.

[F2(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.]

[F3(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;

[F4(aa)the local development documents which are to be development plan documents;]

(b)[F5the 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)[F6the regional strategy] for any region which adjoins the area of the authority;

(e)the [F7Wales Spatial Plan] [F7National Development Framework for Wales,] if any part of the authority’s area adjoins Wales;

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(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 [F10local 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 [F11development 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.

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words 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)

F2S. 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)

F4Words 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)

F7Words 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

F8S. 19(2)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F9S. 19(2)(g) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F10Words 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)

F11Words 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)

F12S. 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

I1S. 19 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2S. 19 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

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