The Town and Country Planning (Local Development) (England) Regulations 2004 (revoked)

PART 1 E+W GENERAL

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Town and Country Planning (Local Development) (England) Regulations 2004 and shall come into force on 28th September 2004.

(2) These Regulations apply in relation to England only.

Interpretation E+W

2.—(1) In these Regulations–

“the Act” means the Planning and Compulsory Purchase Act 2004;

“DPD” means development plan document;

“LDD” means local development document;

“SPD” means supplementary planning document;

“address” in relation to electronic communications means any number or address used for the purposes of such communications;

“adopted proposals map” means a document of the description referred to in regulation 6(6);

[F1 “area action plan” means a document of the description referred to in regulation 6(4);]

“by local advertisement” means by publication on at least one occasion in a local newspaper circulating in the whole of the area of the local planning authority;

“core strategy” means a document of the description referred to in regulation 6(3);

“disabled person” has the same meaning as in section 1(2) of the Disability Discrimination Act 1995 M1 ;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 M2 ;

“electronic communications apparatus” has the same meaning as in paragraph 1(1) of the electronic communications code M3 ;

“electronic communications code” has the same meaning as in section 106(1) of the Communications Act 2003 M4 ;

“general consultation bodies” means the following bodies—

(a)

voluntary bodies some or all of whose activities benefit any part of the authority’s area,

(b)

bodies which represent the interests of different racial, ethnic or national groups in the authority’s area,

(c)

bodies which represent the interests of different religious groups in the authority’s area,

(d)

bodies which represent the interests of disabled persons in the authority’s area,

(e)

bodies which represent the interests of persons carrying on business in the authority’s area;

“inspection” means inspection by the public;

[F2 “national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;]

“Ordnance Survey map” means a map produced by Ordnance Survey or a map on a similar base at a registered scale;

“person appointed” means a person appointed by the Secretary of State under section 20(4) to carry out an independent examination;

[F3 “police authority” means—

(a)

any police authority established under section 3 of the Police Act 1996;

(b)

the Metropolitan Police Authority;]

[F4 “regional strategy” has the same meaning as in section 70 (regional strategy) of the Local Democracy, Economic Development and Construction Act 2009;]

“relevant authority” means—

(a)

a local planning authority,

(b)

a county council referred to in section 16(1),

(c)

a parish council;

(d)

[F5 a police authority;]

[F6 “responsible regional authority” has the same meaning as in section 72 (responsible regional authorities) of the Local Democracy, Economic Development and Construction Act 2009;]

“site allocation policy” means a policy which allocates a site for a particular use or development;

“specific consultation bodies”—

(a)

in relation to a local planning authority whose area is in a region other than London, means the [F7 responsible regional authority] and the bodies specified or described in [F8 (i) to (xi)];

(i)

[F9 the Coal Authority],

(ii)

the Environment Agency M5 ,

(iii)

the Historic Buildings and Monuments Commission for England M6 ,

(iv)

[F10 Natural England],

(v)

[F11 the Secretary of State for Transport] [F12 in relation to the Secretary of State’s functions concerning railways by virtue of section 1 of the Railways Act 2005 and the Secretary of State’s functions as highway authority by virtue of section 1 of the Highways Act 1980,]

(vi)

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)

a relevant authority any part of whose area is in or adjoins the area of the local planning authority,

(viii)

a Regional Development Agency M7 whose area F14 ... adjoins the area of the local planning authority,

(ix)

any person–

(aa)

to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003, and

(bb)

who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority,

(x)

if it exercises functions in any part of the local planning authority’s area

(aa)

[F15 a Primary Care Trust],

(bb)

a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989 M8 ,

(cc)

a person to whom a licence has been granted under section 7(2) of the Gas Act 1986 M9 ,

(dd)

a sewerage undertaker,

(ee)

a water undertaker;

(xi)

[F16 the Homes and Communities Agency;]

(b)

if the authority are a London borough council, means the Mayor of London and the bodies specified or described in [F17 (a)(i) to (xi)];

“submission proposals map” means a document of the description referred to in regulation 6(5);

“sustainability appraisal report” means the report prepared pursuant to section 19(5)(b) M10 ; and

“supplementary planning document” means an LDD which is not a DPD, but does not include the local planning authority’s statement of community involvement.

(2) In these Regulations any reference to a section is a reference to a section of the Act unless otherwise stated.

Textual Amendments

F1 Words in reg. 2(1) inserted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(a) (with reg. 3)

F2 Words in reg. 2(1) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 17(2) (with regs. 2, 47(2))

F3 Words in reg. 2(1) inserted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(b) (with reg. 3)

F4 Words in reg. 2(1) substituted (1.4.2010) by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(2)(a)

F5 Words in reg. 2(1) inserted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(c) (with reg. 3)

F6 Words in reg. 2(1) inserted (1.4.2010) by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(2)(b)

F7 Words in reg. 2(1) substituted (1.4.2010) by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(2)(c)(i)

F8 Words in reg. 2(1) substituted (6.4.2010) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(2), 2(2)(a)

F9 Words in reg. 2(1) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(d)(i) (with reg. 3)

F10 Words in reg. 2(1) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(d)(ii) (with reg. 3)

F11 Words in reg. 2(1) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(d)(iii) (with reg. 3)

F12 Words in reg. 2(1) inserted (6.4.2009) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(2)(b)

F13 Words in reg. 2(1) omitted (27.6.2008) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(d)(iv) (with reg. 3)

F14 Words in reg. 2(1) omitted (1.4.2010) by virtue of The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(2)(c)(ii)

F15 Words in reg. 2(1) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(2)(d)(v) (with reg. 3)

F16 Words in reg. 2(1) inserted (6.4.2010) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(2), 2(2)(c)

F17 Words in reg. 2(1) substituted (6.4.2010) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(2), 2(2)(d)

Marginal Citations

M1 1995 c. 50.

M2 2000 c. 7.

M3 The definition of “electronic communications apparatus” has been inserted into paragraph 1(1) of the electronic communications code by paragraph 2(2) of Schedule 3 to the Communications Act 2003 (c. 21).

M4 2003 c. 21.

M5 See section 1(1) of the Environment Act 1995 (c. 25).

M6 See section 32 of the National Heritage Act 1983 (c. 47).

M7 See section 1 of the Regional Development Agencies Act 1998 (c. 45).

M8 1989 (c. 29); section 6 was substituted by the Utilities Act 2000 (c. 27), section 30.

M9 1986 (c. 44); section 7 was substituted by the Gas Act 1995 (c. 45), and section 7(2) was amended by the Utilities Act 2000 (c. 27), sections 3(2), 76(1) and (3), and Schedule 6, paragraphs 1 and 4.

M10 See section 18 of the Planning and Compulsory Purchase Act 2004 (c. 5). A sustainability appraisal report is not required in respect of the local planning authority’s statement of community involvement.

Scope of Regulations E+W

3.—(1) Subject to paragraph (2), these Regulations have effect in relation to–

(a) the revision of an LDD as they apply to the preparation of an LDD;

(b) a minerals and waste development scheme as they have effect in relation to a local development scheme and for that purpose–

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

(ii) references to a local planning authority include references to a county council within the meaning of section 16(1).

(2) Regulations 5, 12(3) and 47 have no effect in relation to minerals and waste development schemes.

Electronic communications E+W

4.—(1) Where within these Regulations–

(a) a person is required to–

(i) send a document, a copy of a document or any notice to another person,

(ii) notify another person of any matter; and

(b) that other person has an address for the purposes of electronic communications;

the document, copy, notice or notification may be sent or made by way of electronic communications.

(2) Where within these Regulations a person may make representations on any matter or document, those representations may be made–

(a) in writing, or

(b) by way of electronic communications.

(3) Where–

(a) an electronic communication is used as mentioned in paragraphs (1) and (2), and

(b) the communication is received by the recipient outside his office hours, it shall be taken to have been received on the next working day, and in this regulation “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.