Part 3Development

Development plan

38Development plan

(1)

A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections F1(2A) to (5).

F2(2A)

For the purposes of any area in England the development plan is—

(a)

each spatial development strategy that is operative in relation to that area,

(b)

each local plan which has effect in relation to that area,

(c)

each minerals and waste plan which has effect in relation to that area,

(d)

each supplementary plan which has effect in relation to that area,

(e)

each neighbourhood development plan which has been made in relation to that area, and

(f)

each policies map for that area.

F3(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 F4—.

(a)

the National Development Framework for Wales,

F5(b)

any strategic development plan for an 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 F6to 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 F7mentioned in subsection (1) 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.

F8(9A)

In subsection (2A)—

(a)

“spatial development strategy”, “local plan”, “minerals and waste plan” and “supplementary plan” have the same meaning as in Part 2 (see, in particular, section 15LH), and

(b)

policies map must be construed in accordance with section 15LD.

F9(10)

Neighbourhood development plan must be construed in accordance with section 38A.