Part 3

Planning
Chapter 2

Development plans etc

Requirement to assist with plan making

Requirement to assist with certain plan making
100
In Part 3 of PCPA 2004 (development), after section 39 (sustainable development) insert—

Assistance with certain parts of development plan etc

Power to require assistance with certain plan making
39A
1
Subsection (2) applies if a plan-making authority notifies a prescribed public body in writing that the authority requires the body, under this section, to assist the authority in relation to the preparation or revision of a relevant plan by the authority.
2
The prescribed public body must do everything that the plan-making authority reasonably requires of the body to assist the authority in relation to the preparation or revision of the relevant plan.
3
The Secretary of State may by regulations make provision as to—
a
what a plan-making authority must, may or may not require a prescribed public body to do under subsection (2);
b
the procedure to be followed in doing anything under this section;
c
the determination of the time by or at which anything must be done under this section;
d
the form and content of a notification under subsection (1) or of any other document or information provided under this section.
4
A “plan-making authority” is a body which, or other person who, is to prepare or revise (whether acting alone or jointly) a relevant plan.
5
Each of the following is a “relevant plan”—
a
a local plan, a minerals and waste plan, a supplementary plan or policies map under Part 2;
b
a spatial development strategy under Part 8 of the Greater London Authority Act 1999 or Part 2 of this Act;
c
an infrastructure delivery strategy under Part 10A of the Planning Act 2008;
d
a marine plan 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.
6
A “prescribed public body” is a body which, or other person who, is prescribed or of a prescribed description and certain of whose functions are of a public nature.
7
References in this section to the preparation or revision of a relevant plan include any activities that could reasonably be considered to prepare the way for the preparation or revision of the plan.
8
In this section—
- “the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009;
- “revision”, in relation to a relevant plan, includes any alteration, amendment, replacement or other modification (and related expressions are to be read accordingly).
S. 100 not in force at Royal Assent, see s. 255(3)(b)