Planning and Compulsory Purchase Act 2004
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For each region there is to be a regional spatial strategy (in this Part referred to as the “RSS”).
The RSS must set out the Secretary of State’s policies (however expressed) in relation to the development and use of land within the region.
In subsection (2) the references to a region include references to any area within a region which includes the area or part of the area of more than one local planning authority.
If to any extent a policy set out in the RSS conflicts with any other statement or information in the RSS the conflict must be resolved in favour of the policy.
With effect from the appointed day the RSS for a region is so much of the regional planning guidance relating to the region as the Secretary of State prescribes.
The appointed day is the day appointed for the commencement of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may give a direction recognising a body to which subsection (2) applies as the regional planning body for a region (in this Part referred to as the “RPB”).
This subsection applies to a body (whether or not incorporated) which satisfies such criteria as are prescribed.
The Secretary of State must not give a direction under subsection (1) in relation to a body unless not less than 60% of the persons who are members of the body fall within subsection (4).
A person falls within this subsection if he is a member of any of the following councils or authorities and any part of the area of the council or authority (as the case may be) falls within the region to which the direction (if given) will relate—
a district council;
a county council;
a metropolitan district council;
a National Park authority;
the Broads authority.
The Secretary of State may give a direction withdrawing recognition of a body.
Subsection (7) applies if the Secretary of State—
does not give a direction under subsection (1) recognising a body, or
gives a direction under subsection (5) withdrawing recognition of a body and does not give a direction under subsection (1) recognising any other body.
In such a case the Secretary of State may exercise such of the functions of the RPB as he thinks appropriate.
A change in the membership of a body which is not incorporated does not (by itself) affect the validity of the recognition of the body.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The RPB must keep under review the RSS.
The RPB must keep under review the matters which may be expected to affect—
development in its region or any part of the region;
the planning of that development.
The RPB must—
monitor the implementation of the RSS throughout the region;
consider whether the implementation is achieving the purposes of the RSS.
The RPB must for each year prepare a report on the implementation of the RSS in the region.
The report—
must be in respect of such period of 12 months as is prescribed;
must be in such form and contain such information as is prescribed;
must be submitted to the Secretary of State on such date as is prescribed.
The RPB must give advice to any other body or person if it thinks that to do so will help to achieve implementation of the RSS.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purpose of the exercise of its functions under sections 3(1) and (3)(a) and 5(1) the RPB must seek the advice of each authority in its region which is an authority falling within subsection (4).
The authority must give the RPB advice as to the exercise of the function to the extent that the exercise of the function is capable of affecting (directly or indirectly) the exercise by the authority of any function it has.
The advice mentioned in subsection (1) includes advice relating to the inclusion in the RSS of specific policies relating to any part of the region.
Each of the following authorities fall within this subsection if their area or any part of their area is in the RPB’s region—
a county council;
a metropolitan district council;
a district council for an area for which there is no county council;
a National Park authority.
The RPB may make arrangements with an authority falling within subsection (4) or with any district council the whole or part of whose area is in the region for the discharge by the authority or council of a function of the RPB.
The RPB may reimburse an authority or council which exercises functions by virtue of such arrangements for any expenditure incurred by the authority or council in doing so.
Subsection (5) does not apply to a function of the RPB under section 5(8).
Any arrangements made for the purposes of subsection (5) must be taken to be arrangements between local authorities for the purposes of section 101 of the Local Government Act 1972 (c. 70).
Nothing in this section affects any power which a body which is recognised as an RPB has apart from this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The RPB must prepare a draft revision of the RSS—
when it appears to it necessary or expedient to do so;
at such time as is prescribed;
if it is directed to do so under section 10(1).
But the RPB must give notice to the Secretary of State of its intention to prepare a draft revision under subsection (1)(a).
In preparing a draft revision the RPB must have regard to—
national policies and advice contained in guidance issued by the Secretary of State;
the RSS for each adjoining region;
the spatial development strategy if any part of its region adjoins Greater London;
the Wales Spatial Plan if any part of its region adjoins Wales;
the resources likely to be available for implementation of the RSS;
the desirability of making different provision in relation to different parts of the region;
such other matters as are prescribed.
In preparing a draft revision the RPB must also—
carry out an appraisal of the sustainability of the proposals in the draft, and
prepare a report of the findings of the appraisal.
If the RPB decides to make different provision for different parts of the region the detailed proposals for such different provision must first be made by an authority which falls within section 4(4).
But if the RPB and the authority agree, the detailed proposals may first be made—
by a district council which is not such an authority, or
by the RPB.
The Secretary of State may by regulations make provision as to—
the subject matter of a draft revision prepared in pursuance of subsection (1)(b);
any further documents which must be prepared by the RPB in connection with the preparation of a draft revision;
the form and content of any draft, report or other document prepared under this section.
When the RPB has prepared a draft revision, the report to be prepared under subsection (4)(b) and any other document to be prepared in pursuance of subsection (7)(b) it must—
publish the draft revision, report and other document;
submit them to the Secretary of State.
But the RPB may withdraw a draft revision at any time before it submits the draft to the Secretary of State under subsection (8)(b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of the exercise of its functions under section 5, the RPB must prepare and publish a statement of its policies as to the involvement of persons who appear to the RPB to have an interest in the exercise of those functions.
The RPB must keep the policies under review and from time to time must—
revise the statement;
publish the revised statement.
The RPB must comply with the statement or revised statement (as the case may be) in the exercise of its functions under section 5.
The documents mentioned in section 5(7)(b) and (c) include the statement and revised statement.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies when the Secretary of State receives a draft revision of the RSS.
Any person may make representations on the draft.
The Secretary of State may arrange for an examination in public to be held into the draft.
In deciding whether an examination in public is held the Secretary of State must have regard to—
the extent of the revisions proposed by the draft;
the extent and nature of the consultation on the draft before it was published;
the level of interest shown in the draft;
such other matters as he thinks appropriate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies if the Secretary of State decides that an examination in public is to be held of a draft revision of the RSS.
The examination must be held before a person appointed by the Secretary of State.
No person has a right to be heard at an examination in public.
The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.
The person appointed under subsection (2) must make a report of the examination to the Secretary of State.
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the recommendations of the person appointed under subsection (2).
An examination in public—
is a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1992 (c. 53) (report on administrative procedures);
is not a statutory inquiry for any other purpose of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If no examination in public is held the Secretary of State must consider any representations made on the draft revision of the RSS under section 7(2).
If an examination in public is held the Secretary of State must consider—
the report of the person appointed to hold the examination;
any representations which are not considered by the person appointed to hold the examination.
If after proceeding under subsection (1) or (2) the Secretary of State proposes to make any changes to the draft he must publish—
the changes he proposes to make;
his reasons for doing so.
Any person may make representations on the proposed changes.
The Secretary of State must consider any such representations.
The Secretary of State must then publish—
the revision of the RSS incorporating such changes as he thinks fit;
his reasons for making the changes.
But the Secretary of State may withdraw a draft revision of an RSS at any time before he publishes the revision of the RSS under subsection (6).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the Secretary of State thinks it is necessary or expedient to do so he may direct an RPB to prepare a draft revision of the RSS.
Such a direction may require the RPB to prepare the draft revision—
in relation to such aspects of the RSS as are specified;
in accordance with such timetable as is specified.
The Secretary of State may prepare a draft revision of the RSS if the RPB fails to comply with—
a direction under subsection (1),
section 5(1)(b), or
regulations under section 5(7) or 11.
If the Secretary of State prepares a draft revision under subsection (3)—
section 7 applies as it does if the Secretary of State receives a draft revision from the RPB, and
sections 8 and 9 apply.
If the Secretary of State thinks it necessary or expedient to do so he may at any time revoke—
an RSS;
such parts of an RSS as he thinks appropriate.
The Secretary of State may by regulations make provision as to the procedure to be followed for the purposes of subsection (3).
Subsection (8) applies if—
any step has been taken in connection with the preparation of any part of regional planning guidance, and
the Secretary of State thinks that the step corresponds to a step which must be taken under this Part in connection with the preparation and publication of a revision of the RSS.
The Secretary of State may by order provide for the part of the regional planning guidance to have effect as a revision of the RSS.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.
The regulations may in particular make provision as to—
the procedure to be followed for the purposes of section 5;
the procedure to be followed by the RPB in connection with its functions under section 6;
requirements about the giving of notice and publicity;
requirements about inspection by the public of a draft revision or any other document;
the nature and extent of consultation with and participation by the public in anything done under this Part;
the making of representations about any matter to be included in an RSS;
consideration of any such representations;
the remuneration and allowances payable to a person appointed to carry out an examination in public under section 8;
the determination of the time at which anything must be done for the purposes of this Part;
the manner of publication of any draft, report or other document published under this Part;
monitoring the exercise by RPBs of their functions under this Part;
the making of reasonable charges for the provision of copies of documents required by or under this Part.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A region is a region (except London) specified in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).
But the Secretary of State may by order direct that if the area of a National Park falls within more than one region it is treated as falling wholly within such region as is specified in the order.
Regional planning guidance for a region is a document issued by the Secretary of State setting out his policies (however expressed) in relation to the development and use of land within the region.
The Secretary of State is the Secretary of State for the time being having general responsibility for policy in relation to the development and use of land.
Subsection (4) does not apply for the purposes of section 5(3)(a).
References to a revision or draft revision of an RSS include references to a revision or draft revision—
of any part of an RSS;
of the RSS as it relates to any part of a region.
This section has effect for the purposes of this Part.
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.
These matters include—
the principal physical, economic, social and environmental characteristics of the area of the authority;
the principal purposes for which land is used in the area;
the size, composition and distribution of the population of the area;
the communications, transport system and traffic of the area;
any other considerations which may be expected to affect those matters;
such other matters as may be prescribed or as the Secretary of State (in a particular case) may direct.
The matters also include—
any changes which the authority think may occur in relation to any other matter;
the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.
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.
In exercising a function under subsection (4) a local planning authority must consult with the local planning authority for the neighbouring area in question.
If a neighbouring area is in Wales references to the local planning authority for that area must be construed in accordance with Part 6.
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.
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.
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).
For the purposes of subsection (3)—
it is immaterial whether any development relates to a county matter;
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.
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).
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)).
The local planning authority must prepare and maintain a scheme to be known as their local development scheme.
The scheme must specify—
the documents which are to be local development documents;
the subject matter and geographical area to which each document is to relate;
which documents are to be development plan documents;
which documents (if any) are to be prepared jointly with one or more other local planning authorities;
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;
the timetable for the preparation and revision of the documents;
such other matters as are prescribed.
The local planning authority must —
prepare the scheme in accordance with such other requirements as are prescribed;
submit the scheme to the Secretary of State at such time as is prescribed or as the Secretary of State (in a particular case) directs;
at that time send a copy of the scheme to the RPB or (if the authority are a London borough) to the Mayor of London.
The Secretary of State may direct the local planning authority to make such amendments to the scheme as he thinks appropriate.
Such a direction must contain the Secretary of State’s reasons for giving it.
The local planning authority must comply with a direction given under subsection (4).
The Secretary of State may make regulations as to the following matters—
publicity about the scheme;
making the scheme available for inspection by the public;
requirements to be met for the purpose of bringing the scheme into effect.
The local planning authority must revise their local development scheme—
at such time as they consider appropriate;
when directed to do so by the Secretary of State.
Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.
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.
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.
This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose—
references to a local development scheme include references to a minerals and waste development scheme;
references to a local planning authority include references to a county council.
But subsection (3) does not apply to—
section 17(3);
section 24(1)(b), (4) and (7);
the references in section 24(5) to subsection (4) and the Mayor;
sections 29 to 31.
Documents which must be specified in the local development scheme as local development documents are—
documents of such descriptions as are prescribed;
the local planning authority’s statement of community involvement.
The local planning authority may also specify in the scheme such other documents as they think are appropriate.
The 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.
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) in relation to development which is a county matter within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).
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.
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.
Regulations under this section may prescribe—
which descriptions of local development documents are development plan documents;
the form and content of the local development documents;
the time at which any step in the preparation of any such document must be taken.
A document is a local development document only in so far as it or any part of it—
is adopted by resolution of the local planning authority as a local development document;
is approved by the Secretary of State under section 21 or 27.
The local planning authority must prepare a statement of community involvement.
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 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.
For the purposes of sections 19(2) and 24 the statement of community involvement is not a local development document.
Section 20 applies to the statement of community involvement as if it were a development plan document.
But in section 20(5)(a)—
the reference to section 19 must be construed as if it does not include a reference to subsection (2) of that section;
the reference to section 24(1) must be ignored.
In the following provisions of this Part references to a development plan document include references to the statement of community involvement—
section 22;
section 23(2) to (5).
Local development documents must be prepared in accordance with the local development scheme.
In preparing a local development document the local planning authority must have regard to—
national policies and advice contained in guidance issued by the Secretary of State;
the RSS for the region in which the area of the authority is situated, if the area is outside Greater London;
the spatial development strategy if the authority are a London borough or if any part of the authority’s area adjoins Greater London;
the RSS for any region which adjoins the area of the authority;
the Wales Spatial Plan if any part of the authority’s area adjoins Wales;
the community strategy prepared by the authority;
the community strategy for any other authority whose area comprises any part of the area of the local planning authority;
any other local development document which has been adopted by the authority;
the resources likely to be available for implementing the proposals in the document;
such other matters as the Secretary of State prescribes.
In preparing the other local development documents the authority must also comply with their statement of community involvement.
But subsection (3) does not apply at any time before the authority have adopted their statement of community involvement.
The local planning authority must also—
carry out an appraisal of the sustainability of the proposals in each document;
prepare a report of the findings of the appraisal.
The Secretary of State may by regulations make provision—
as to any further documents which must be prepared by the authority in connection with the preparation of a local development document;
as to the form and content of such documents.
The community strategy is the strategy prepared by an authority under section 4 of the Local Government Act 2000 (c. 22).
The local planning authority must submit every development plan document to the Secretary of State for independent examination.
But the authority must not submit such a document unless—
they have complied with any relevant requirements contained in regulations under this Part, and
they think the document is ready for independent examination.
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.
The examination must be carried out by a person appointed by the Secretary of State.
The purpose of an independent examination is to determine in respect of the development plan document—
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;
whether it is sound.
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.
The person appointed to carry out the examination must—
make recommendations;
give reasons for the recommendations.
The local planning authority must publish the recommendations and the reasons.
If the Secretary of State thinks that a local development document is unsatisfactory—
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;
if he gives such a direction he must state his reasons for doing so.
The authority—
must comply with the direction;
must not adopt the document unless the Secretary of State gives notice that he is satisfied that they have complied with the direction.
But subsection (2) does not apply if the Secretary of State withdraws the direction.
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.
The following paragraphs apply if the Secretary of State gives a direction under subsection (4)—
the authority must not take any step in connection with the adoption of the document until the Secretary of State gives his decision;
if the direction is given before the authority have submitted the document under section 20(1) the Secretary of State must hold an independent examination and section 20(4) to (7) applies accordingly;
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 he must make his recommendations to the Secretary of State;
the document has no effect unless it or (if the direction relates to only part of a document) the part has been approved by the Secretary of State.
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.
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.
It is immaterial whether any such matter was taken account of by the authority.
In relation to a document or part of a document submitted to him under subsection (4) the Secretary of State—
may approve, approve subject to specified modifications or reject the document or part;
must give reasons for his decision under paragraph (a).
In the exercise of any function under this section the Secretary of State must have regard to the local development scheme.
A local planning authority may at any time before a local development document is adopted under section 23 withdraw the document.
But subsection (1) does not apply to a development plan document at any time after the document has been submitted for independent examination under section 20 unless—
the person carrying out the examination recommends that the document is withdrawn and that recommendation is not overruled by a direction given by the Secretary of State, or
the Secretary of State directs that the document must be withdrawn.
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—
any representations made in relation to the document;
any other matter they think is relevant.
The authority may adopt a development plan document as originally prepared if the person appointed to carry out the independent examination of the document recommends that the document as originally prepared is adopted.
The authority may adopt a development plan document with modifications if the person appointed to carry out the independent examination of the document recommends the modifications.
The authority must not adopt a development plan document unless they do so in accordance with subsection (2) or (3).
A document is adopted for the purposes of this section if it is adopted by resolution of the authority.
The local development documents must be in general conformity with—
the RSS (if the area of the local planning authority is in a region other than London);
the spatial development strategy (if the local planning authority are a London borough).
A local planning authority whose area is in a region other than London—
must request the opinion in writing of the RPB as to the general conformity of a development plan document with the RSS;
may request the opinion in writing of the RPB as to the general conformity of any other local development document with the RSS.
Not later than the end of the period prescribed for the purposes of this section the RPB must send its opinion to—
the Secretary of State;
the local planning authority.
A local planning authority which are a London borough—
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;
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.
Whether or not the local planning authority make a request mentioned in subsection (2) or (4) the RPB or the Mayor (as the case may be) may give an opinion as to the general conformity of a local development document with the RSS or the spatial development strategy (as the case may be).
If in the opinion of the RPB a document is not in general conformity with the RSS the RPB must be taken to have made representations seeking a change to the document.
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.
But the Secretary of State may in any case direct that subsection (6) must be ignored.
If at any time no body is recognised as the RPB under section 2 the functions of the RPB under this section must be exercised by the Secretary of State and subsections (3)(a), (6) and (8) of this section must be ignored.
The Secretary of State —
may at any time revoke a local development document at the request of the local planning authority;
may prescribe descriptions of local development document which may be revoked by the authority themselves.
The local planning authority may at any time prepare a revision of a local development document.
The authority must prepare a revision of a local development document—
if the Secretary of State directs them to do so, and
in accordance with such timetable as he directs.
This Part applies to the revision of a local development document as it applies to the preparation of the document.
Subsection (5) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.
As soon as practicable after the occurrence of a relevant event—
the authority must review every local development document in the light of the enterprise zone scheme;
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.
The following are relevant events—
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);
the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).
References to an enterprise zone and an enterprise zone scheme must be construed in accordance with that Act.
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.
The Secretary of State must hold an independent examination and section 20(4) to (7) applies accordingly.
The Secretary of State must publish the recommendations and reasons of the person appointed to hold the examination.
The Secretary of State may—
prepare or revise (as the case may be) the document, and
approve the document as a local development document.
The Secretary of State must give reasons for anything he does in pursuance of subsection (4).
The authority must reimburse the Secretary of State for any expenditure he incurs in connection with anything—
which is done by him under subsection (4), and
which the authority failed or omitted to do as mentioned in subsection (1).
Two or more local planning authorities may agree to prepare one or more joint local development documents.
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.
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.
Any requirement of this Part in relation to the RSS is a requirement in relation to the RSS for the region in which each authority mentioned in subsection (1) is situated.
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.
Subsections (7) to (9) apply if a local planning authority withdraw from an agreement mentioned in subsection (1).
Any step taken in relation to the document must be treated as a step taken by—
an authority which were a party to the agreement for the purposes of any corresponding document prepared by them;
two or more other authorities who were parties to the agreement for the purposes of any corresponding joint local development document.
Any independent examination of a local development document to which the agreement relates must be suspended.
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—
the examination is resumed in relation to the corresponding document;
any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
A joint local development document is a local development document prepared jointly by two or more local planning authorities.
The Secretary of State may by regulations make provision as to what is a corresponding document.
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—
for the area specified in the agreement;
in respect of such matters as are so specified.
The Secretary of State may by order constitute a joint committee to be the local planning authority—
for the area;
in respect of those matters.
Such an order—
must specify the authority or authorities and county council or councils (the constituent authorities) which are to constitute the joint committee;
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.
Provision under subsection (3)(b)—
may include provision corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972 (c. 70);
may apply (with or without modifications) such enactments relating to local authorities as the Secretary of State thinks appropriate.
If an order under this section is annulled in pursuance of a resolution of either House of Parliament—
with effect from the date of the resolution the joint committee ceases to be the local planning authority as mentioned in subsection (2);
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;
each of those local planning authorities must revise their local development scheme accordingly.
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.
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.
Subsection (9) applies to any function—
which is conferred on a local planning authority (within the meaning of the principal Act) under or by virtue of the planning Acts, and
which relates to the authority’s local development scheme or local development documents.
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.
For the purposes of subsection (4) a local authority is any of the following—
a county council;
a district council;
a London borough council.
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—
an order under section 29, or
an earlier agreement under this section.
Each of the constituent authorities and the joint committee must revise their local development scheme in accordance with the agreement.
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).
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.
The Secretary of State may revoke the order.
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.
A successor authority is—
a local planning authority which were a constituent authority of the joint committee;
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).
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.
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—
the examination is resumed in relation to the corresponding document;
any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
The Secretary of State may by regulations make provision as to what is a corresponding scheme or document.
This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—
an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);
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));
an order under section 1 of the New Towns Act 1981 (c. 64).
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.
The Secretary of State may direct that this Part does not apply to the area of an urban development corporation.
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.
Every local planning authority must make an annual report to the Secretary of State.
The annual report must contain such information as is prescribed as to—
the implementation of the local development scheme;
the extent to which the policies set out in the local development documents are being achieved.
The annual report must—
be in respect of such period of 12 months as is prescribed;
be made at such time as is prescribed;
be in such form as is prescribed;
contain such other matter as is prescribed.
The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.
The regulations may in particular make provision as to—
the procedure to be followed by the local planning authority in carrying out the appraisal under section 19;
the procedure to be followed in the preparation of local development documents;
requirements about the giving of notice and publicity;
requirements about inspection by the public of a local development document or any other document;
the nature and extent of consultation with and participation by the public in anything done under this Part;
the making of representations about any matter to be included in a local development document;
consideration of any such representations;
the remuneration and allowances payable to a person appointed to carry out an independent examination under section 20;
the determination of the time at which anything must be done for the purposes of this Part;
the manner of publication of any draft, report or other document published under this Part;
monitoring the exercise by local planning authorities of their functions under this Part;
the making of reasonable charges for the provision of copies of documents required by or under this Part.
Local development scheme must be construed in accordance with section 15.
Local development document must be construed in accordance with section 17.
A development plan document is a document which—
is a local development document, and
forms part of the development plan.
Local planning authorities are—
district councils;
London borough councils;
metropolitan district councils;
county councils in relation to any area in England for which there is no district council;
the Broads Authority.
A National Park authority is the local planning authority for the whole of its area and subsection (4) must be construed subject to that.
RSS and RPB must be construed in accordance with Part 1.
This section applies for the purposes of this Part.
This Part requires strategic planning authorities to prepare a document, conforming to section 12D, known as a “spatial development strategy”.
In this Part “strategic planning authority” means—
a strategic planning board (see section 12B);
a combined authority;
a combined county authority;
an upper-tier county council for an area no part of which forms part of the area of a combined authority or a combined county authority;
a unitary authority for an area—
that is in England, and
no part of which forms part of the area of a combined authority or a combined county authority.
But a principal authority that is a constituent authority of a strategic planning board is not a strategic planning authority for the purposes of this Part.
Where there is a mayor for the area of a combined authority or combined county authority, the functions of the authority under this Part as a strategic planning authority are functions of the authority exercisable only by the mayor on behalf of the authority.
In this Part “strategy area”, in relation to a spatial development strategy, means—
in the case of a strategic planning board, the area consisting of the areas of the constituent authorities of the board;
in the case of a combined authority, the area of the combined authority;
in the case of a combined county authority, the area of the combined county authority;
in the case of an upper-tier county council, the area of the upper-tier county council;
in the case of a unitary authority, the area of the unitary authority.
Any function of a strategic planning authority exercisable by or under this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies—
section 101(1)(b);
section 101(5).
For provision about the spatial development strategy for London, see (in particular) sections 334 to 343 of the Greater London Authority Act 1999.
In this Part “principal authority” means a body specified in any of paragraphs (b) to (e) of subsection (2).
This section applies where the Secretary of State considers that it is desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities.
Subject to subsection (4), the Secretary of State may by regulations establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”).
Such a committee is to be known as a “strategic planning board”.
The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations—
the principal authorities that are to be the constituent authorities of the board,
any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and
the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.
Where the Secretary of State is considering whether to, or has decided to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies.
Strategic planning board regulations that establish a strategic planning board must specify—
the constituent authorities of the board, and
the area in relation to which the board exercises functions under this Part.
Strategic planning board regulations may make provision about—
the composition of a strategic planning board (including about the appointment of members to the board or any sub-committee of the board);
the proceedings of a strategic planning board and of any sub-committee of the board (including provision about voting rights);
such other matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions under this Part.
Provision of the kind mentioned in subsection (2)(c) may include provision—
corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972;
applying (with or without modifications) such enactments relating to local authorities as the Secretary of State considers appropriate;
requiring the making by a constituent authority of payments towards the costs of the strategic planning board;
modifying the application of this Part in relation to a strategic planning board.
For the purposes of subsection (3)(b) a local authority is any of the following—
a county council;
a district council;
a London borough council.
If strategic planning board regulations establishing a strategic planning board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution.
The Secretary of State’s power to make strategic planning board regulations that amend or revoke other strategic planning board regulations—
is exercisable whether or not the constituent authorities of the strategic planning board in question request an amendment or revocation;
is exercisable only after the Secretary of State has consulted the following on a draft of the proposed regulations—
the strategic planning board in question,
the constituent authorities of that board,
any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and
the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.
The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations.
In this section “strategic planning board regulations” means regulations under section 12B(2).
A spatial development strategy must include a statement of the strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area.
A spatial development strategy must include a reasoned justification for the policies referred to in subsection (1).
A spatial development strategy must specify the period for which it is to have effect.
A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of—
supporting or facilitating development in that area,
mitigating, or adapting to, climate change, or
promoting or improving the economic, social or environmental well-being of that area.
A spatial development strategy may specify or describe—
an amount or distribution of housing (of any kind), the provision of which the strategic planning authority considers to be of strategic importance to the strategy area;
an amount or distribution of affordable housing or any other kind of housing, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area.
For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area.
The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with.
A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed.
A spatial development strategy may make different provision for different cases or for different parts of the strategy area.
A spatial development strategy must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change.
A spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular—
the areas identified in the strategy as areas which—
are, or could become, of particular importance for biodiversity, or
are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,
the priorities set out in the strategy for recovering or enhancing biodiversity, and
the proposals set out in the strategy as to potential measures relating to those priorities.
A spatial development strategy must not—
include anything that is not permitted or required by or under the preceding provisions of this section,
specify particular sites where development should take place, or
be inconsistent with or (in substance) repeat any national development management policy.
The Secretary of State may prescribe—
the form of a spatial development strategy;
documents that must accompany a spatial development strategy.
In subsection (5) “affordable housing” means—
social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and
any other description of housing that may be prescribed.
A strategic planning authority must prepare and maintain a document relating to its spatial development strategy, known as a “spatial development strategy timetable”.
A spatial development strategy timetable must specify—
the strategy area, and
a timetable for the preparation of the strategy that is consistent with this Part and any regulations made under it.
The Secretary of State may prescribe—
the form and content of a spatial development strategy timetable;
further matters the timetable must deal with.
A strategic planning authority must submit its draft spatial development strategy timetable to the Secretary of State within such period as may be prescribed.
The Secretary of State may direct the strategic planning authority to make specified amendments to the draft timetable.
If the Secretary of State has not given such a direction to the strategic planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect.
A strategic planning authority to which a direction under subsection (2) is given—
must submit a revised draft spatial development strategy timetable to the Secretary of State within the period specified in the direction, and
may bring the timetable into effect only when the Secretary of State approves the timetable as revised in accordance with that direction or any further direction under subsection (2).
If a strategic planning authority— the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect.
does not comply with subsection (1), or
does not comply with subsection (4)(a),
A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it.
To bring a spatial development strategy timetable into effect, a strategic planning authority must publish it, together with a statement that the timetable has effect.
A strategic planning authority must comply with a spatial development strategy timetable that has effect.
The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect.
Regulations under subsection (9)—
may provide that revisions of a spatial development strategy timetable must be approved by the Secretary of State;
may confer a power to direct that a timetable is to be revised or that revisions require the approval of the Secretary of State.
A strategic planning authority must prepare a draft of its spatial development strategy.
In doing so, a strategic planning authority must have regard to—
any strategy, plan or policy published by the strategic planning authority that the strategic planning authority considers to be relevant,
the effect which the proposed spatial development strategy would have on each of the following—
the health of persons in the strategy area;
health inequalities between persons living in the strategy area;
the achievement of sustainable development;
the need to ensure that the strategy is consistent with current national policies;
any other prescribed matters.
The Secretary of State must make regulations under subsection (2)(d) which prescribe the desirability of prioritising development on land that has been previously developed.
In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board.
A strategic planning authority that has prepared a draft spatial development strategy must—
publish the draft strategy on the authority’s website,
notify the persons specified in subsection (2) that the draft strategy has been published on the authority’s website, and
make copies of the draft strategy available for inspection at the authority’s principal office and at any other place that the authority considers appropriate.
The persons referred to in subsection (1)(b) are—
the Secretary of State,
any county council for an area that is within, or any part of which is within, the strategy area,
any district council for an area that is within the strategy area,
any county council or district council for an area that adjoins the strategy area and is affected by the strategy,
any local planning authority for an area that is wholly or partly within, or adjoins, the strategy area and is affected by the strategy,
the person responsible for preparing a spatial development strategy for an area that adjoins the strategy area and is affected by the strategy,
such other persons as may be prescribed, and
such other persons as the strategic planning authority considers appropriate.
In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—
voluntary bodies some or all of whose activities benefit the whole or part of the strategy area,
bodies which represent the interests of different racial, ethnic or national groups in the strategy area,
bodies which represent the interests of different religious groups in the strategy area, and
bodies which represent the interests of different persons carrying on business in the strategy area.
Where a strategic planning authority— the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.
publishes a draft spatial development strategy as required by subsection (1)(a), or
makes such a strategy available for inspection as required by subsection (1)(c),
A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy.
An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7).
Representations must be made—
in the prescribed form and manner;
within the prescribed period.
In subsection (1)—
references to a strategic planning authority’s website include references to the website of a constituent authority of a strategic planning board;
the reference to a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board.
A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public.
Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”).
The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate.
The following may take part in an examination—
the strategic planning authority that prepared the strategy, and
any person invited to do so by the examiner.
No person is to have a right to be heard at an examination.
On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy.
The report may recommend that specified modifications are made to the draft strategy before it is adopted.
The report may recommend that the draft strategy is withdrawn.
The strategic planning authority must publish the report.
A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination.
Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted).
The strategic planning authority that prepared the draft strategy may withdraw it only if—
the Secretary of State so directs, or
the examiner recommends that it is withdrawn, and the Secretary of State has not directed that it is not to be withdrawn.
The steps taken by a strategic planning authority to withdraw a draft strategy must include—
deleting the strategy from the website on which it was published;
removing copies of the strategy that were made available for inspection;
notifying the following that the strategy has been withdrawn—
each person to whom a notification under section 12H(1)(b) was required to be given;
any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7).
This section applies where—
a draft spatial development strategy has been published under section 12H,
the prescribed period for the making of representations (see section 12H(7)) has elapsed,
either—
the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or
no examination of the draft strategy is needed because of a direction under section 12I(1), and
the draft strategy has not been withdrawn (see section 12J).
The strategic planning authority must—
consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result,
if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and
consider whether to make any other modifications to take account of—
any national development management policies so far as material, or
any other material considerations.
After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.
The strategic planning authority must inform the Secretary of State of—
any modifications made to the published draft strategy, and the reasons for making them;
any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them.
If the Secretary of State considers that a submitted spatial development strategy is— the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.
inconsistent with current national policies, or
detrimental to the interests of an area outside the strategy area,
In this section “the relevant period”, in relation to a spatial development strategy, means—
the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or
such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy.
A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section.
A spatial development strategy must not be adopted by a strategic planning authority unless—
the relevant period (as defined in section 12K(6)) has elapsed,
the authority has complied with any requirement of regulations under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and
if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy.
A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied.
Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by—
a combined authority, or
a combined county authority.
In the case of a non-mayoral combined authority or non-mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority.
In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.
But if— the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority.
the office of mayor is vacant, and
there is no deputy mayor,
In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority—
each constituent member has one vote;
in the case of a tied vote—
no person has a casting vote; and
the authority must be regarded as having disagreed to the question that the decision should be made.
In the case of a resolution of a mayoral combined authority or mayoral combined county authority—
each relevant member has one vote;
in the event of a tied vote then (unless it is a case where subsection (4C) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have).
In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have).
A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted.
A spatial development strategy becomes operative when it is published.
In this section—
“constituent member”, in relation to a combined authority or combined county authority— and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority);
This section applies in relation to an operative spatial development strategy.
A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy.
In exercising functions under subsection (2), a strategic planning authority must—
if the authority identifies matters to be kept under review that relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters;
if the authority identifies matters to be kept under review that relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters.
A strategic planning authority must carry out a review of its spatial development strategy from time to time.
The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy.
A strategic planning authority must—
monitor the implementation of its spatial development strategy, and
monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the strategy.
The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy—
a duty to make prescribed information relating to the implementation of the authority’s strategy available to the public in such form and manner as may be prescribed;
a duty to provide prescribed information relating to the implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed.
This section applies in relation to an operative spatial development strategy.
A strategic planning authority may at any time prepare alterations of its strategy.
The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction.
The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy.
A spatial development strategy as altered must still conform to section 12D.
Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy.
This section applies in relation to an operative spatial development strategy.
A strategic planning authority may at any time prepare a new spatial development strategy as a replacement.
The Secretary of State may direct a strategic planning authority to replace its spatial development strategy.
The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy.
A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part.
A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2) to (5).
For the purposes of any area in Greater London the development plan is—
the spatial development strategy, and
the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.
For the purposes of any other area in England the development plan is—
the regional spatial strategy for the region in which the area is situated, and
the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.
For the purposes of any area in Wales the development plan is the local development plan adopted or approved in relation to that area.
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 to be adopted, approved or published (as the case may be).
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.
The enactments are—
this Act;
the planning Acts;
any other enactment relating to town and country planning;
the Land Compensation Act 1961 (c. 33);
the Highways Act 1980 (c. 66).
In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.
This section applies to any person who or body which exercises any function—
under Part 1 in relation to a regional spatial strategy;
under Part 2 in relation to local development documents;
under Part 6 in relation to the Wales Spatial Plan or a local development plan.
The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.
For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by—
the Secretary of State for the purposes of subsection (1)(a) and (b);
the National Assembly for Wales for the purposes of subsection (1)(c).
In the principal Act after section 61 (supplementary provision about development orders) there are inserted the following sections—
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”—
section 56(5)(a) (definition of material development);
section 57(3) (extent of permission granted by development order);
section 58(1)(a) (grant of planning permission by development order);
section 77(1) (certain applications to be referred to the Secretary of State);
section 78(1)(c) (right of appeal in relation to certain planning decisions);
section 88(9) (grant of planning permission in enterprise zone);
section 91(4)(a) (no limit to duration of planning permission granted by development order);
section 108 (compensation for refusal of planning permission formerly granted by development order);
section 109(6) (apportionment of compensation for depreciation);
section 253(2)(c) (cases in which certain procedures may be carried out in anticipation of planning permission);
section 264(5)(b) (land treated not as operational land);
section 279(1)(a)(i) (compensation for certain decisions and orders).
Section 333 of the principal Act (regulations and orders) is amended as follows—
in subsection (4) after “55(2)(f),” there is inserted “61A(5)”;
in subsection (5)(b) after “28,” there is inserted “61A(5) (unless it is made by the National Assembly for Wales),”.
Schedule 1 further amends the principal Act.
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—
In the principal Act for section 62 (form and content of applications for planning permission) there is substituted the following section—
In section 73 of the principal Act (determination of applications to develop land without compliance with conditions previously attached) subsection (3) is omitted.
In section 198 of that Act (tree preservation orders) after subsection (7) there is inserted—
In section 220 of that Act (regulations controlling display of advertisements) after subsection (2) there is inserted the following subsection—
In the principal Act before section 328 (settled land and land of universities and colleges) there is inserted the following section—
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.
In section 10(3) of that Act for paragraph (a) there are substituted the following paragraphs—.
In section 10 of that Act after subsection (3) there are inserted the following subsections—
section 327A (compliance with requirements relating to applications),
For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections—
In section 78(2)(aa) of that Act after “70A” there is inserted “or 70B”.
After section 81 of the listed buildings Act (authorities with functions under the Act) there are inserted the following sections—
Section 20(2) of that Act (appeals) is amended as follows—
for “neither” there is substituted “done none of the following”;
after paragraph (a) for “nor” there is substituted—.
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.
In the principal Act the following sections are inserted before section 77 (Reference of applications to the Secretary of State)—
In section 83 of the principal Act (making simplified planning zone schemes) subsection (1) is omitted.
Before section 83(2) of that Act there are inserted the following subsections—
For section 83(2) of that Act there are substituted the following subsections—
In section 83 of that Act after subsection (3) there is inserted the following subsection—
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”.
After section 85(1) of that Act there is inserted the following subsection—
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”.
In Schedule 7 of that Act paragraphs 3 and 4 are omitted.
This paragraph applies if each of the following conditions is satisfied. The first condition is that— 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. The Secretary of State or the National Assembly for Wales (as the case may be) may make or alter the scheme.
The Secretary of State may, by regulations, make provision for the making of a planning contribution in relation to the development or use of land in the area of a local planning authority.
The contribution may be made—
by the prescribed means,
by compliance with the relevant requirements, or
by a combination of such means and compliance.
The regulations may require the local planning authority to include in a development plan document (or in such other document as is prescribed)—
a statement of the developments or uses or descriptions of development or use in relation to which they will consider accepting a planning contribution;
a statement of the matters relating to development or use in relation to which they will not consider accepting a contribution by the prescribed means;
the purposes to which receipts from payments made in respect of contributions are (in whole or in part) to be put;
the criteria by reference to which the value of a contribution made by the prescribed means is to be determined.
The regulations may make provision as to circumstances in which—
except in the case of a contribution to which subsection (3)(b) applies, the person making the contribution (the contributor) must state the form in which he will make the contribution;
the contribution may not be made by compliance with the relevant requirements if it is made by the prescribed means;
the contribution may not be made by the prescribed means if it is made by compliance with the relevant requirements;
a contribution must not be made.
The prescribed means are—
the payment of a sum the amount and terms of payment of which are determined in accordance with criteria published by the local planning authority for the purposes of subsection (3)(d),
the provision of a benefit in kind the value of which is so determined, or
a combination of such payment and provision.
The relevant requirements are such requirements relating to the development or use as are— and may include a requirement to make a payment of a sum.
prescribed for the purposes of this section, and
included as part of the terms of the contribution,
Development plan document must be construed in accordance with section 37(3).
This section applies for the purpose of regulations made under section 46.
Maximum and minimum amounts may be prescribed in relation to a payment falling within section 46(5)(a).
Provision may be made to enable periodic adjustment of the criteria mentioned in section 46(3)(d).
The local planning authority may be required to publish an annual report containing such information in relation to the planning contribution as is prescribed.
If a document is prescribed for the purposes of section 46(3) the regulations may prescribe—
the procedure for its preparation and the time at which it must be published;
the circumstances in which and the procedure by which the Secretary of State may take steps in relation to the preparation of the document.
Provision may be made for the enforcement by the local planning authority of the terms of a planning contribution including provision—
for a person obstructing the taking of such steps as are prescribed to be guilty of an offence punishable by a fine not exceeding level 3 on the standard scale;
for a person deriving title to the land from the contributor to be bound by the terms of the contribution;
for a condition to be attached to any planning permission relating to the land requiring the contribution to be made before any development is started;
for the enforcement of a planning contribution in respect of land which is Crown land within the meaning of section 293(1) of the principal Act.
The regulations may—
require the local planning authority to apply receipts from planning contributions made by the prescribed means only to purposes mentioned in section 46(3)(c);
make provision for setting out in writing the terms of the planning contribution;
make provision in relation to the modification or discharge of a planning contribution.
The regulations may—
make different provision in relation to the areas of different local planning authorities or different descriptions of local planning authority;
exclude their application (in whole or in part) in relation to the area of one or more local planning authorities or descriptions of local planning authority.
In relation to land in Wales, sections 46 and 47 apply subject to the following modifications—
references to the Secretary of State must be construed as references to the National Assembly for Wales;
the reference to a development plan document must be construed as a reference to a local development plan (within the meaning of section 62).
In the principal Act in section 55 (meaning of development) after subsection (2) there are inserted the following subsections—
This subsection applies if—
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,
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
before that date no such operations have been begun.
If subsection (2) applies the certificate under section 192 of the principal Act is of no effect.
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.
In the principal Act after section 78 (right to appeal) there is inserted the following section—
In the listed buildings Act after section 20 (right to appeal) there is inserted the following section—
This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.
The following are relevant applications—
an application mentioned in section 78(1)(a) of the principal Act;
an application mentioned in section 20(1)(a) of the listed buildings Act;
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).
Section 91 of the principal Act (limit on duration of planning permission) is amended as follows—
in subsections (1)(a) and (3) for the words “five years” there is substituted “three years”;
after subsection (3) there are inserted the following subsections—
In section 92 of that Act (outline planning permission)—
in subsection (2)(b) sub-paragraph (i) is omitted;
in subsection (2)(b) in sub-paragraph (ii) the words “if later” are omitted;
in subsection (4) “five years” is omitted.
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—
Section 18 of the listed buildings Act (limit of duration of listed buildings consent) is amended as follows—
in subsections (1)(a) and (2) for the words “five years” there is substituted “three years”;
after subsection (2) there are inserted the following subsections—
In section 19 of that Act (variation or discharge of conditions) after subsection (4) there is inserted the following subsection—
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.
After section 171D of the principal Act (penalties for non-compliance with planning contravention notice) there are inserted the following sections—
Section 303 (fees for planning applications, etc) of the principal Act is amended as follows.
The following subsections are substituted for subsections (1) and (2)—
In subsection (4) after the first “prescribed” there is inserted “charge or”.
After subsection (5) there are inserted the following subsections—
Subsection (6) is omitted.
This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any enactment.
A prescribed requirement to consult is a requirement—
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;
which is prescribed for the purposes of this subsection.
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.
The consultee must give a substantive response to any consultation mentioned in subsection (2) or by virtue of subsection (3) before the end of—
the period prescribed for the purposes of this subsection, or
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).
The appropriate authority may also prescribe—
the procedure to be followed for the purposes of this section;
the information to be provided to the consultee for the purposes of the consultation;
the requirements of a substantive response.
Anything prescribed for the purposes of subsections (1) to (5) must be prescribed by development order.
A development order may—
require consultees to give the appropriate authority a report as to their compliance with subsection (4);
prescribe the form and content of the report;
prescribe the times at which the report is to be made.
The appropriate authority is—
the Secretary of State in relation to England;
the National Assembly for Wales in relation to Wales.
Schedule 2 contains provisions about the time in which the Secretary of State must take certain decisions.
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).
This section applies if the Secretary of State or an inspector issues a decision document which contains a correctable error.
The Secretary of State or the inspector (as the case may be) may correct the error—
if he is requested to do so in writing by any person;
if he sends a statement in writing to the applicant which explains the error and states that he is considering making the correction.
But the Secretary of State or inspector must not correct the error unless—
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),
he informs the local planning authority of that fact, and
he obtains the appropriate consent.
The relevant period—
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;
does not include any time by which such a period may be extended by the High Court.
It is immaterial whether any such application or appeal is made.
The appropriate consent is—
the consent in writing of the applicant;
if the applicant is not the owner of the land in respect of which the decision was made, the consent in writing of both the applicant and the owner.
But consent is not appropriate consent if it is given subject to a condition.
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—
specifies the correction of the error, or
gives notice of his decision not to correct such an error.
The Secretary of State or the inspector (as the case may be) must give the correction notice to—
the applicant;
if the applicant is not the owner of the land in respect of which the original decision was made, the owner;
the local planning authority for the area in which the land in respect of which the decision was made is situated;
if the correction was requested by any other person, that person.
The Secretary of State may by order specify any other person or description of persons to whom the correction notice must be given.
If a correction is made in pursuance of section 56—
the original decision is taken not to have been made;
the decision is taken for all purposes to have been made on the date the correction notice is issued.
If a correction is not made—
the original decision continues to have full force and effect;
nothing in this Part affects anything done in pursuance of or in respect of the decision.
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—
paragraph (a) of section 59(4) below, or
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).
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—
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
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.
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.
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.
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.
Except to the extent provided for by virtue of this section a correction notice must not be questioned in any legal proceedings.
This section applies for the purposes of this Part.
An inspector is a person appointed under any of the planning Acts to determine appeals instead of the Secretary of State.
In the case of a decision document issued by an inspector any other inspector may act under this Part.
A decision document is a document which records any of the following decisions—
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);
a decision in proceedings on an appeal under Part 7 of that Act (enforcement notices);
a decision in proceedings on an appeal under section 208 of that Act (appeals against enforcement notices relating to trees);
a decision mentioned in section 62(2) of the listed buildings Act (decisions which are not to be questioned in legal proceedings);
a decision on an appeal under section 39 of that Act (appeals against listed building enforcement notices);
a decision relating to conservation area consent within the meaning of section 74(1) of that Act (consent required for demolition of certain buildings);
a decision under section 20 or 21 of the hazardous substances Act (certain applications referred to and appeals determined by the Secretary of State);
a decision under any of the planning Acts which is of a description specified by the Secretary of State by order.
A correctable error is an error—
which is contained in any part of the decision document which records the decision, but
which is not part of any reasons given for the decision.
The applicant is—
in the case of a decision made on an application under any of the planning Acts, the person who made the application;
in the case of a decision made on an appeal under any of those Acts, the appellant.
The owner in relation to land is a person who—
is the estate owner in respect of the fee simple;
is entitled to a tenancy granted or extended for a term of years simple of which not less than seven years remain unexpired;
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.
Error includes omission.
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.
There must be a spatial plan for Wales to be known as the “Wales Spatial Plan”.
The Wales Spatial Plan must set out such of the policies (however expressed) of the National Assembly for Wales as it thinks appropriate in relation to the development and use of land in Wales.
The Assembly must—
prepare and publish the Plan;
keep under review the Plan;
consider from time to time whether it should be revised.
If the Assembly revises the Plan, it must publish (as it considers appropriate)—
the whole Plan as revised, or
the revised parts.
The Assembly must consult such persons or bodies as it considers appropriate in preparing or revising the Plan.
The Plan and any revision of it must be approved by the Assembly.
The Assembly must not delegate its function under subsection (6).
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.
These matters include—
the principal physical, economic, social and environmental characteristics of the area of the authority;
the principal purposes for which land is used in the area;
the size, composition and distribution of the population of the area;
the communications, transport system and traffic of the area;
any other considerations which may be expected to affect those matters;
such other matters as may be prescribed or as the Assembly in a particular case may direct.
These matters also include—
any changes which the authority think may occur in relation to any other matter;
the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.
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.
In exercising a function under subsection (4) a local planning authority must consult the local planning authority for the neighbouring area in question.
If a neighbouring area is in England references to the local planning authority for that area must be construed in accordance with Part 2.
The local planning authority must prepare a plan for their area to be known as a local development plan.
The plan must set out—
the authority’s objectives in relation to the development and use of land in their area;
their general policies for the implementation of those objectives.
The plan may also set out specific policies in relation to any part of the area of the authority.
Regulations under this section may prescribe the form and content of the plan.
In preparing a local development plan the authority must have regard to—
current national policies;
the Wales Spatial Plan;
the RSS for any region which adjoins the area of the authority;
the community strategy prepared by the authority;
the community strategy for any other authority whose area comprises any part of the area of the local planning authority;
the resources likely to be available for implementing the plan;
such other matters as the Assembly prescribes.
The authority must also—
carry out an appraisal of the sustainability of the plan;
prepare a report of the findings of the appraisal.
The community strategy is the strategy prepared by an authority under section 4 of the Local Government Act 2000 (c. 22).
A plan is a local development plan only in so far as it—
is adopted by resolution of the local planning authority as a local development plan;
is approved by the Assembly under section 65 or 71.
A local development plan must be prepared in accordance with—
the local planning authority’s community involvement scheme;
the timetable for the preparation and adoption of the authority’s local development plan.
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.
The persons mentioned in subsection (2)—
must include such persons as the Assembly prescribes;
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.
The authority and the Assembly must attempt to agree the terms of the documents mentioned in paragraphs (a) and (b) of subsection (1).
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.
The authority must comply with the direction.
The Assembly may prescribe—
the procedure in respect of the preparation of the documents mentioned in paragraphs (a) and (b) of subsection (1);
the form and content of the documents;
the time at which any step in the preparation of the documents must be taken;
publicity about the documents;
making the documents available for inspection by the public;
circumstances in which the requirements of the documents need not be complied with.
The local planning authority must submit their local development plan to the Assembly for independent examination.
But the authority must not submit a plan unless—
they have complied with any relevant requirements contained in regulations under this Part, and
they think the plan is ready for independent examination.
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.
The examination must be carried out by a person appointed by the Assembly.
The purpose of the independent examination is to determine in respect of a local development plan—
whether it satisfies the requirements of sections 62 and 63 and of regulations under section 77;
whether it is sound.
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.
The person appointed to carry out the examination must—
make recommendations;
give reasons for the recommendations.
The local planning authority must publish the recommendations and the reasons.
If the Assembly thinks that a local development plan is unsatisfactory—
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;
if it gives such a direction it must state its reasons for doing so.
The authority—
must comply with the direction;
must not adopt the plan unless the Assembly gives notice that it is satisfied that they have complied with the direction.
But subsection (2) does not apply if the Assembly withdraws the direction.
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.
The following paragraphs apply if the Assembly gives a direction under subsection (4)—
the authority must not take any step in connection with the adoption of the plan until the Assembly gives its decision;
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;
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;
the plan has no effect unless it has been approved by the Assembly.
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.
In considering a plan submitted under subsection (4) the Assembly may take account of any matter which it thinks is relevant.
It is immaterial whether any such matter was taken account of by the authority.
The Assembly—
may approve, approve subject to specified modifications or reject a plan submitted to it under subsection (4);
must give reasons for its decision under paragraph (a).
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).
A local planning authority may at any time before a local development plan is adopted under section 67 withdraw the plan.
But subsection (1) does not apply to a local development plan at any time after the plan has been submitted for independent examination under section 64 unless—
the person carrying out the examination recommends that the plan is withdrawn and that recommendation is not overruled by a direction given by the Assembly, or
the Assembly directs that the plan must be withdrawn.
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.
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.
A plan is adopted for the purposes of this section if it is adopted by resolution of the authority.
But the authority must not adopt a local development plan if the Assembly directs them not to do so.
The Assembly may at any time revoke a local development plan at the request of the local planning authority.
A local planning authority must carry out a review of their local development plan at such times as the Assembly prescribes.
The authority must report to the Assembly on the findings of their review.
A review must—
be in such form as is prescribed;
be published in accordance with such requirements as are prescribed.
The local planning authority may at any time prepare a revision of a local development plan.
The authority must prepare a revision of a local development plan—
if the Assembly directs them to do so;
if, following a review under section 69, they think that the plan should be revised.
This Part applies to the revision of a local development plan as it applies to the preparation of the plan.
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.
The Assembly must hold an independent examination and section 64(4) to (7) applies accordingly.
The Assembly must publish the recommendations and reasons of the person appointed to hold the examination.
The Assembly may—
prepare or revise (as the case may be) the plan, and
approve the plan as a local development plan.
The Assembly must give reasons for anything it does in pursuance of subsection (4).
The authority must reimburse the Assembly for any expenditure it incurs in connection with anything—
which is done by it under subsection (4), and
which the authority failed or omitted to do as mentioned in subsection (1).
Two or more local planning authorities may agree to prepare a joint local development plan.
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.
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 (1) in connection with a joint local development plan.
Subsections (5) to (7) apply if a local planning authority withdraw from an agreement mentioned in subsection (1).
Any step taken in relation to the plan must be treated as a step taken by—
an authority which was a party to the agreement for the purposes of any corresponding plan prepared by them;
two or more other authorities who were parties to the agreement for the purposes of any corresponding joint local development plan.
Any independent examination of a local development plan to which the agreement relates must be suspended.
If before the end of the period prescribed for the purposes of this subsection an authority which was a party to the agreement requests the Assembly to do so it may direct that—
the examination is resumed in relation to the corresponding plan;
any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
A joint local development plan is a local development plan prepared jointly by two or more local planning authorities.
This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—
an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);
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));
an order under section 1 of the New Towns Act 1981 (c. 64).
If the Assembly or a local planning authority thinks that a representation made in relation to a local development plan is in substance a representation or objection to which this section applies it or they (as the case may be) may disregard it.
The Assembly may direct that this Part (except section 60) does not apply to the area of an urban development corporation.
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 Assembly.
Every local planning authority must make an annual report to the Assembly.
The annual report must contain such information as is prescribed as to the extent to which the objectives set out in the local development plan are being achieved.
The annual report must—
be made at such time as is prescribed;
be in such form as is prescribed;
contain such other matter as is prescribed.
The Assembly may by regulations make provision in connection with the exercise of functions conferred by this Part on any person.
The regulations may in particular make provision as to—
the procedure to be followed by the local planning authority in carrying out the appraisal under section 62(6);
the procedure to be followed in the preparation of local development plans;
requirements about the giving of notice and publicity;
requirements about inspection by the public of a plan or any other document;
the nature and extent of consultation with and participation by the public in anything done under this Part;
the making of representations about any matter to be included in a local development plan;
consideration of any such representations;
the remuneration and allowances payable to the person appointed to carry out an independent examination under section 64;
the time at which anything must be done for the purposes of this Part;
the manner of publication of any draft, report or other document published under this Part;
monitoring the exercise by local planning authorities of their functions under this Part.
Local development plan must be construed in accordance with section 62.
Local planning authorities are—
county councils in Wales;
county borough councils.
A National Park authority is the local planning authority for the whole of its area and subsection (2) must be construed subject to that.
The Assembly is the National Assembly for Wales.
RSS must be construed in accordance with Part 1.
This section applies for the purposes of this Part.
In Part 13 of the principal Act before section 293 (preliminary definitions for Part 13) there is inserted the following section—
In the listed buildings Act after section 82 there is inserted the following section—
In the hazardous substances Act after section 30 there are inserted the following sections—
Schedule 3 amends the planning Acts in relation to the application of those Acts to the Crown.
In section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) after subsection (4) there are inserted the following subsections—
After section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) there is inserted the following section—
In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—
In the Schedule to the hazardous substances Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—
After section 321A of the principal Act (inserted by section 80 above) there is inserted the following section—
In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State), after paragraph 7 there is inserted the following paragraph—
In the Schedule to the hazardous substances Act, after paragraph 7 there is inserted the following paragraph—
Before section 294 of the principal Act (special enforcement notices in relation to development on Crown land) there is inserted the following section—
In section 284 of the principal Act (validity of certain matters) in subsection (3) at the end there is inserted the following paragraph—
After section 82A of the listed buildings Act (inserted by section 79(2)) there is inserted the following section—
In section 62 of the listed buildings Act (validity of certain matters) in subsection (2) at the end there is inserted the following paragraph—
Section 296 of the principal Act (exercise of powers in relation to Crown land) is omitted.
After section 296 there are inserted the following sections—
After section 82C of the listed buildings Act (inserted by Schedule 3) there are inserted the following sections—
After section 30B of the hazardous substances Act (inserted by section 79(3)) there are inserted the following sections—
For section 200 of the principal Act (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—
After section 211(4) of the principal Act (preservation of trees in conservation areas) there are inserted the following subsections—
Subsection (2) applies if—
an old mining permission relates to land which is Crown land, and
the permission has not been registered in pursuance of Schedule 2 to the Planning and Compensation Act 1991.
Section 22 of and Schedule 2 to that Act apply to the old mining permission subject to the following modifications—
in section 22(3) for “May 1, 1991” there is substituted “the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004”;
in paragraph 1(3) of Schedule 2 for “the day on which this Schedule comes into force” there is substituted “the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004”.
Old mining permission must be construed in accordance with section 22 of the Planning and Compensation Act 1991.
Crown land must be construed in accordance with Part 13 of the principal Act.
The Secretary of State may by order provide that relevant subordinate legislation applies to the Crown.
The order may modify such subordinate legislation to the extent that the Secretary of State thinks appropriate for the purposes of its application to the Crown.
Relevant subordinate legislation is an instrument which—
is made under or (wholly or in part) for the purposes of any of the planning Acts,
is made before the commencement of section 79 of this Act, and
is specified in the order.
Schedule 4 (which makes transitional provisions in consequence of the application to the Crown of the planning Acts) has effect.
In Part 12 of the Town and Country Planning (Scotland) Act 1997, before section 242 (preliminary definitions for Part 12) there is inserted the following section—
In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, after section 73 (application of Act to land and works of planning authorities) there is inserted the following section —
In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30 (application of Act to planning authorities) there is inserted the following section—
Schedule 5 amends the Scottish planning Acts in relation to the application of those Acts to the Crown.
In the Town and Country Planning (Scotland) Act 1997 (c. 8), there is inserted after section 265 (local inquiries) the following section—
Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.
Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.
In the Town and Country Planning (Scotland) Act 1997 (c. 8), before section 243 (control of development on Crown land: special enforcement notices) there is inserted the following section—
In section 237 of that Act, (validity of certain matters) in subsection (3) at the end there is added the following paragraph—
In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9), after section 73A (inserted by section 90(2)) there is inserted the following section—
In section 57 of that Act (validity of certain matters), in subsection (2) at the end there is added the following paragraph—
In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 245 (exercise of powers in relation to Crown land) is omitted.
After section 245 there is inserted the following section—
In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 245A (inserted by subsection (2) above) there is inserted the following section—
In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) after section 73C (inserted by Schedule 5) there are inserted the following sections—
In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A (inserted by section 90(3)) there are inserted the following sections—
For section 162 of the Town and Country Planning (Scotland) Act 1997 (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—
In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 172(4) (preservation of trees in conservation areas) there are inserted the following subsections—
Subsection (2) applies if—
an old mining permission relates to land which is Crown land, and
the permission has not been registered in pursuance of Part 2 of Schedule 8 to the Town and Country Planning (Scotland) Act 1997.
Paragraph 10 of that Schedule and that Part apply to the old mining permission subject to the following modifications—
in sub-paragraph (3) of that paragraph, for “16th May 1991” there is substituted “the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004”,
in paragraph 13(3) of that Part, for “24 January 1992” there is substituted “the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004”.
“Old mining permission” must be construed in accordance with paragraph 10 and Part 2 of that Schedule.
“Crown land” must be construed in accordance with Part 12 of the Town and Country Planning (Scotland) Act 1997.
The Scottish Ministers may by order provide that relevant subordinate legislation applies to the Crown.
The order may modify such subordinate legislation to the extent that the Scottish Ministers think appropriate for the purposes of its application to the Crown.
Relevant subordinate legislation is an instrument which—
is made under or (wholly or in part) for the purposes of any of the Scottish planning Acts,
is made before the commencement of section 90 of this Act, and
is specified in the order.
In subsection (3), “instrument” includes an instrument made under an Act of the Scottish Parliament.
Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows.
In subsection (1)—
the first “which” is omitted;
for paragraph (a) there is substituted the following paragraph—;
in paragraph (b) at the beginning there is inserted “which”.
After subsection (1) there is inserted the following subsection—
Subsection (2) is omitted.
Nothing in this section affects a compulsory purchase order made before the commencement of this section.
The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
In section 6 (service of documents), in subsection (4)—
after “lessee” in each place there is inserted “, tenant”;
after ““lessee” there is inserted “, “tenant””.
In section 7 (interpretation), after subsection (2) there is added—
In section 11 (notices in newspapers), after subsection (2) there is added—
In section 12 (notices to owners, lessees and occupiers)—
in subsection (1), for the words from “owner” to “order” (where it first appears) there is substituted “qualifying person”;
for subsection (2) there is substituted—
For section 13 (confirmation of compulsory purchase order) there are substituted the following sections—
For section 15 there is substituted—
The amendments made by this section do not apply to orders of which notice under section 11 of the 1981 Act has been published before commencement of this section.
Schedule 1 to the Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order. The notice under sub-paragraph (3) must—
In paragraph 3 (notices to owners, lessees and occupiers)—
in sub-paragraph (1), for the words from “owner” to “order” (where it first appears) there is substituted “qualifying person”;
A person is a qualifying person, in relation to land comprised in a draft order, if— A person falls within this sub-paragraph if he is— A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).
For paragraph 4 there are substituted the following paragraphs—
For paragraph 6 there is substituted—
The amendments made by this section do not apply to orders of which notice under paragraph 2 of Schedule 1 to the 1981 Act has been published before commencement of this section.
The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
After section 14 there is inserted—
The amendments made by this section do not apply to orders of which notice has been published under section 11 of the 1981 Act before commencement of this section.
The Land Compensation Act 1961 (c. 33) is amended as follows.
After section 5 there is inserted—
The Land Compensation Act 1973 is amended as follows.
In section 52 (right to advance payment of compensation)—
after subsection (1) there are inserted the following subsections—,
for subsection (6) there is substituted the following subsection—
After section 52 of that Act there are inserted the following sections—
In section 52A (right to interest where advance payment made) for subsection (2) there is substituted—
The Acquisition of Land Act 1981 (c. 67) is amended as follows.
After section 5 (local inquiries) there is inserted—
After section 33 of the Land Compensation Act 1973 (c. 26) (home loss payments for certain caravan dwellers) there is inserted the following section—
Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a pre-commencement acquisition of an interest in land.
A pre-commencement acquisition of an interest in land is any of the following—
acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;
acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;
acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;
acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.
After section 33A of the Land Compensation Act 1973 (inserted by section 106 of this Act) there are inserted the following sections—
Sections 33B and 33C of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) do not apply in relation to a pre-commencement acquisition of an interest in land.
A pre-commencement acquisition of an interest in land is any of the following—
acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;
acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;
acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;
acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.
After section 33C of the Land Compensation Act 1973 (inserted by section 107 of this Act) there is inserted the following section—
Section 33D of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a notice or order specified in subsection (4) or (5) of that section if the notice or copy of the order was served on a person to whom that section applies before the commencement of this section.
After section 33D of the Land Compensation Act 1973 (inserted by section 108 of this Act) there are inserted the following sections—
This section applies to any enactment passed or made before or in the same session as the passing of this Act (other than an enactment amended by this Part) which makes provision—
in connection with the compulsory acquisition of an interest in land,
creating a power which permits the interference with or affectation of any right in relation to land, or
for the payment of any sum in connection with the acquisition, interference or affectation.
The Secretary of State may by order amend an enactment to which this section applies for the purpose of making provision which—
corresponds to provision made by this Part, or
applies any such provision or corresponding provision.
This Act (except Part 8) binds the Crown.
The amendment of an enactment by or by virtue of Part 8 applies to the Crown to the extent that the enactment amended so applies.
The planning Acts and this Act have effect despite any rule of law relating to Parliament or the law and practice of Parliament.
This section applies to— and anything falling within paragraphs (a) to (g) is referred to in this section as a relevant document.
a revision of the regional spatial strategy;
the Wales Spatial Plan;
a development plan document;
a local development plan;
a revision of a document mentioned in paragraph (b), (c) or (d);
the Mayor of London’s spatial development strategy;
an alteration or replacement of the spatial development strategy,
A relevant document must not be questioned in any legal proceedings except in so far as is provided by the following provisions of this section.
A person aggrieved by a relevant document may make an application to the High Court on the ground that—
the document is not within the appropriate power;
a procedural requirement has not been complied with.
But the application must be made not later than the end of the period of six weeks starting with the relevant date.
The High Court may make an interim order suspending the operation of the relevant document—
wholly or in part;
generally or as it affects the property of the applicant.
Subsection (7) applies if the High Court is satisfied—
that a relevant document is to any extent outside the appropriate power;
that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.
The High Court may quash the relevant document—
wholly or in part;
generally or as it affects the property of the applicant.
An interim order has effect until the proceedings are finally determined.
The appropriate power is—
Part 1 of this Act in the case of a revision of the regional spatial strategy;
section 60 above in the case of the Wales Spatial Plan or any revision of it;
Part 2 of this Act in the case of a development plan document or any revision of it;
sections 62 to 78 above in the case of a local development plan or any revision of it;
sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in the case of the spatial development strategy or any alteration or replacement of it.
A procedural requirement is a requirement under the appropriate power or contained in regulations or an order made under that power which relates to the adoption, publication or approval of a relevant document.
References to the relevant date must be construed as follows—
for the purposes of a revision of the regional spatial strategy, the date when the Secretary of State publishes the revised strategy under section 9(6) above;
for the purposes of the Wales Spatial Plan (or a revision of it), the date when it is approved by the National Assembly for Wales;
for the purposes of a development plan document (or a revision of it), the date when it is adopted by the local planning authority or approved by the Secretary of State (as the case may be);
for the purposes of a local development plan (or a revision of it), the date when it is adopted by a local planning authority in Wales or approved by the National Assembly for Wales (as the case may be);
for the purposes of the spatial development strategy (or an alteration or replacement of it), the date when the Mayor of London publishes it.
An examination of any document or plan for the purposes of Part 2 or Part 6 of this Act is a statutory inquiry within the meaning of the Tribunals and Inquiries Act 1992 (c. 53).
In the principal Act after section 304 (grants for research and education) there is inserted the following section—
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
An order may in particular provide for—
the Council of the Isles of Scilly to enter into arrangements in pursuance of section 4;
the exercise by the Council of the Isles of Scilly of any function exercisable by a local planning authority under Part 2.
But an order must not be made under this section unless the Secretary of State has consulted the Council of the Isles of Scilly.
Expressions used in this Act and in the principal Act have the same meaning in this Act as in that Act.
Expressions used in this Act and in the listed buildings Act have the same meaning in this Act as in that Act.
Expressions used in this Act and in the hazardous substances Act have the same meaning in this Act as in that Act.
The planning Acts are—
the principal Act;
the listed buildings Act;
the hazardous substances Act;
the Planning (Consequential Provisions) Act 1990 (c. 11).
The principal Act is the Town and Country Planning Act 1990 (c. 8).
The listed buildings Act is the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).
The hazardous substances Act is the Planning (Hazardous Substances) Act 1990 (c. 10).
The Scottish planning Acts are—
the Town and Country Planning (Scotland) Act 1997 (c. 8);
the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9);
the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and
the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11).
Schedule 6 contains amendments of the planning Acts.
Schedule 7 contains amendments of other enactments.
A reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an enactment amended by this Act must be taken to be a reference to the enactment as so amended.
But subsection (3) does not affect such an enactment to the extent that the amendment makes express provision in connection with the exercise of a function in relation to Wales.
Schedule 8 contains transitional provisions relating to Parts 1 and 2.
The Scottish Ministers may by order make such transitional provision for Scotland, corresponding to the provisions of Schedule 4 and to section 30B of the hazardous substances Act (inserted by section 79(3)), as they consider necessary or expedient.
Schedule 9 contains repeals.
The preceding provisions of this Act (except section 115 and the provisions specified in subsections (4), (5) and (6)) come into force on such day as the Secretary of State may by order appoint.
But the Secretary of State must not make an order which relates to any of the following provisions unless he first consults the National Assembly for Wales—
Part 3;
Part 4, except sections 44 and 55;
Part 5;
in Part 7, Chapter 1;
Part 8;
in this Part sections 113, 114, 117, 118 and 120;
Schedules 3, 4, 6, 7 and 9.
And the Secretary of State must not make an order which relates to section 91 unless he first consults and has the agreement of the Scottish Ministers.
The following provisions come into force on such day as the Scottish Ministers may by order appoint—
sections 90 and 92 to 98;
Schedule 5;
section 117(8);
in so far as relating to the Town and Country Planning (Scotland) Act 1997, section 118(2) and Schedule 7;
section 119(2); and
in so far as relating to that Act, to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or to the Planning (Hazardous Substances) (Scotland) Act 1997, section 120 and Schedule 9.
Part 6 comes into force in accordance with provision made by the National Assembly for Wales by order.
In Schedule 7, paragraph 10(7) comes into force at the end of the period of two months starting on the day this Act is passed.
A power to prescribe is (unless express provision is made to the contrary) a power to prescribe by regulations exercisable—
by the Secretary of State in relation to England;
by the National Assembly for Wales in relation to Wales.
References in this section to subordinate legislation are to any order or regulations under this Act.
Subordinate legislation—
may make different provision for different purposes;
may include such supplementary, incidental, consequential, saving or transitional provisions (including provision amending, repealing or revoking enactments) as the person making the subordinate legislation thinks necessary or expedient.
A power to make subordinate legislation must be exercised by statutory instrument.
A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament unless it contains—
regulations made by the Secretary of State under section 46;
an order under section 98, 116(1) or 119(2);
an order under section 110(2);
an order under section 121(1) to which subsection (8) applies;
an order under section 121(4);
provision amending or repealing an enactment contained in an Act;
subordinate legislation made by the National Assembly for Wales.
A statutory instrument mentioned in subsection (5)(a), (c) or (f) must not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.
A statutory instrument containing an order under section 98 or 119(2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
This subsection applies to an order which does not contain provision amending or repealing an enactment contained in an Act.
A statutory instrument containing an order under section 121(4), if it includes provision amending or repealing an enactment contained in an Act, must not be made unless a draft of the instrument has been laid before and approved by resolution of the Scottish Parliament.
In subsection (3), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament and in subsections (8) and (9), “Act” includes such an Act and “enactment” includes an enactment comprised in such an Act.
There is to be paid out of money provided by Parliament—
any expenses of the Secretary of State in making grants in connection with the provision of advice and assistance in relation to the planning Acts;
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums so payable under any other enactment.
Except as otherwise provided in this section, this Act extends to England and Wales only.
Sections 111(1), 118(2), 120 to 122, this section and section 125 extend also to Scotland.
Sections 90 to 98, 117(8) and 119(2) extend to Scotland only.
The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.
This Act may be cited as the Planning and Compulsory Purchase Act 2004.
Section 40 In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—
Section 55
This Schedule applies to any decision which must be taken by the Secretary of State under—
section 77 of the principal Act (reference of applications to Secretary of State);
section 78 of the principal Act (right to appeal against planning decisions).
If the Secretary of State fails to take any step in accordance with the applicable timetable (or that timetable as varied under paragraph 6) he must give written reasons to the persons mentioned in paragraph 5(1).
Sections 294 and 295 of the principal Act (control of development on Crown land: special enforcement notices) are omitted. But the repeal of sections 294 and 295 does not affect their operation in relation to development carried out before the commencement of this paragraph.
This Part applies to works if—
they are works for which before the relevant date no listed building consent is required, and
before the relevant date proposed works notice had been given to the local planning authority.
This paragraph applies if before the relevant date— The listed buildings Act applies as if the proposal is an application for listed building consent duly made under that Act.
Sections 243 and 244 of the principal Scottish Act (control of development on Crown land: special enforcement notices) are omitted. But the repeal of sections 243 and 244 does not affect their operation in relation to development carried out before the commencement of this paragraph.
This Schedule also applies to a decision not mentioned in paragraph 1 if each of the following two conditions applies. The first condition is that the Secretary of State thinks the decision is connected with a decision mentioned in paragraph 1. The second condition is that—
In this Part—
the relevant date is the date of commencement of section 79(1);
proposed works notice is notice of a proposal for works given by the person proposing to carry out the works (the developer) in pursuance of arrangements made by the Secretary of State in relation to development by or on behalf of the Crown;
the developer is the Crown or a person acting on behalf of the Crown.
But the Secretary of State may by order specify decisions or descriptions of decisions to which a timetable is not to apply.
The Secretary of State must make one or more timetables for the purposes of decisions to which this Schedule applies. A timetable may make different provision for different decisions or different descriptions of decision. A timetable— A timetable made under this paragraph must be published in such form and manner as the Secretary of State thinks appropriate.
The Secretary of State must lay before Parliament a report in respect of each year which— The report must be published in such form and manner as the Secretary of State thinks appropriate.
In the Scottish hazardous substances Act, in section 15 (revocation of consent on change of control of land) after subsection (2) there is inserted the following subsection—
In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 after subsection (3) there is inserted the following subsection—
The Land Compensation Act 1973 is amended as follows. In section 29 (home loss payments) after subsection (3A) there is inserted the following subsection— Sections 34 to 36 are omitted. In section 87(1) (general interpretation) in the definition of “dwelling” “(except in section 29)” is omitted. But the amendments made by this paragraph do not have effect in relation to a compulsory purchase order made or made in draft before the commencement of this paragraph.
The Local Government, Planning and Land Act 1980 is amended as follows. In section 142 (acquisition by corporation), in subsection (2A), “(subject to section 144(2))” is omitted. In section 143 (acquisition by local highway authority), in subsection (3A), “(subject to section 144(2))” is omitted. In section 144, in subsection (2), “the 1981 Act and” is omitted. In Schedule 28, in paragraph 1, “The 1981 Act and” and the words from “and in paragraph 2” to the end are omitted. The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph. In Schedule 26 (Urban Development Corporations), after paragraph 14 there are inserted the following paragraphs—
In section 578A of the Housing Act 1985 (modification of compulsory purchase order in case of acquisition of land for clearance), in subsection (2), for “section 13” there is substituted “sections 13 to 13C”. The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 is published before commencement of this paragraph.
In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted.
The Environment Act 1995 is amended as follows. In section 67 (which makes provision for a National Park authority to be the local planning authority) subsections (2) to (4) are omitted. In Schedule 14 (periodic review of mineral planning permissions) in paragraph 2(1), in the definition of “first review date”, for “paragraph 5” there is substituted “paragraphs 3A and 5”. In Schedule 14 after paragraph 3 there is inserted the following paragraph—
The Greater London Authority Act 1999 is amended as follows. In section 337 (publication)— In section 342(1) (matters to which Mayor is to have regard) for paragraph (a) there is substituted the following—. In section 346(b) (Mayor to monitor plans) for “unitary development plan” there is substituted “local development documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)”.
This paragraph applies to proposals for the alteration or replacement of a structure plan for the area of a local planning authority. If before the commencement of Part 1 of this Act the authority have complied with section 33(2) of the principal Act (making copies of proposals and the explanatory memorandum available for inspection) the provisions of Chapter 2 of Part 2 of the principal Act continue to have effect in relation to the proposals. In any other case— If the proposals are adopted or approved by virtue of sub-paragraph (2) above, paragraph 1 of this Schedule applies to the policies contained in the proposals as if—
In the Scottish hazardous substances Act, section 36 (application of certain general provisions of the principal Scottish Act) is amended as follows— The existing provision as so amended becomes subsection (1), and after that subsection there is added—
The Secretary of State must notify the following persons as soon as practicable of the published timetable which applies to a decision— But the Secretary of State may direct that the timetable is subject to such variation as he specifies in the notice under sub-paragraph (1). If the Secretary of State acts under sub-paragraph (2) the notice under sub-paragraph (1) must also specify the reasons for the variation. The timetable notified under this paragraph is the applicable timetable.
The Town and Country Planning Act 1990 is amended as follows.
In section 55(2)(b) (meaning of development) the word “local” is omitted.
For section 69 there is substituted the following section—
Section 76 (Duty to draw attention to certain provisions for benefit of disabled) is omitted.
Sections 106 to 106B (planning obligations) are omitted.
In section 108 (compensation for refusal of planning permission formerly granted by development order) after subsection (3) there is inserted the following subsection—
In section 245 (modification of incorporated enactments), subsections (2) and (3) are omitted. The amendments made by sub-paragraph (1) do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.
In section 284(1) (restriction on challenge to validity of certain documents), paragraph (a) is omitted.
Section 287 (procedure for questioning the validity of certain matters) is amended as follows. For subsections (1) to (3) there are substituted the following subsections— In subsection (5)— Subsection (6) is omitted.
Section 296 (exercise of powers in relation to Crown land) is amended as follows. In subsection (1) for paragraph (a) there is substituted the following paragraph—. After subsection (1) there is inserted the following subsection—
Section 303A (recovery of costs of certain inquiries) is amended as follows. For subsection (1) there are substituted the following subsections— In each of subsections (2) to (6) and (10)(a) in each place where it occurs— In each of subsections (2), (4), (5) and (6) in each place where it occurs for “inquiry” there is substituted “procedure”. In subsection (5) each of the following is omitted— Subsections (7) to (9) are omitted. Before subsection (10) there is inserted the following subsection—
In section 306 (2) (local authorities and statutory undertakers may contribute to certain costs of local planning authorities) for paragraph (a) there are substituted the following paragraphs—
In section 324(1) (rights of entry) for paragraph (a) there is substituted the following paragraph—
Section 333 (provision about regulations and orders) is amended as follows. After subsection (2) there is inserted the following subsection—
“development plan” must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004;
Schedule 1 (distribution of functions of local planning authorities) is amended as follows. Paragraph 2 is omitted. In paragraph 3(7) the words “but paragraph 4 shall apply to such applications instead” are omitted. For paragraph 7 there is substituted the following paragraph—
In Schedule 2 (transitional provisions relating to development plans) Parts 1, 2 and 3 are omitted.
Schedule 13 (blighted land) is amended as follows. Paragraphs 1 to 4 are omitted. The following paragraph is inserted as paragraph 1A— In paragraph 5 for “any such functions as are mentioned in paragraph 1(a)(i) or (ii)” there is substituted “relevant public functions (within the meaning of paragraph 1A)”. In paragraph 6 for “any such functions as are mentioned in paragraph 5” there is substituted “relevant public functions (within the meaning of paragraph 1A)”. In paragraph 13, for “paragraphs 1, 2, 3 and 4” there is substituted “paragraph 1A”.
This paragraph applies if before the time at which any step must be taken in accordance with the applicable timetable the Secretary of State thinks that there are circumstances which are likely to prevent the taking of the step at that time. The Secretary of State may vary the applicable timetable accordingly. If the Secretary of State varies the applicable timetable under sub-paragraph (2) he must notify the persons mentioned in paragraph 5(1) of the variation and the reason for it.
After section 270 of the principal Scottish Act (supplementary provisions as to rights of entry) there is inserted the following section—
In the Scottish listed buildings Act, sections 74 and 75 (provisions relating to Crown land) are omitted. The repeal of section 75 does not affect any requirement made in pursuance of regulations made under subsection (4)(b) of that section.
In section 28(6)(a) of the Leasehold Reform Act 1967 (development for certain public purposes) for “Town and Country Planning Act 1990” there is substituted “Planning and Compulsory Purchase Act 2004”.
In section 13 of the Greater London Council (General Powers) Act 1969 (exercise of powers relating to walkways), in the proviso for the words from “any local plan” to “Schedule 1 to that Act)” there is substituted “a local development document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)”.
Schedule 4 to the Welsh Development Agency Act 1975 is amended as follows. Paragraph 2 is omitted. In paragraph 3, in sub-paragraph (1)(c), for “section 13 of that Act to objections made by an owner, lessee or occupier” there is substituted “sections 13 and 13A of that Act to relevant objections”. The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.
In section 29(5) of the Acquisition of Land Act 1981 for the words “any reference to any owner, lessee or occupier” there are substituted the words “the reference to a qualifying person for the purposes of section 12(2)”.
Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of Acquisition of Land Act 1981) is omitted. The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.
Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (modification of Acquisition of Land Act 1981) is amended as follows. In paragraph 1, for “modifications specified in paragraphs 2 and” there is substituted “modification specified in paragraph”. Paragraph 2 is omitted. The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.
Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998 (modifications of Acquisition of Land Act 1981) is omitted. The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice has been published under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) before commencement of this paragraph.
This paragraph applies to proposals for the alteration or replacement of a unitary development plan for the area of a local planning authority. If before the relevant date the authority have not complied with section 13(2) of the principal Act (making copies of the proposals available for inspection)— In any other case paragraph 4 or 5 below applies.
After section 78 of the Scottish listed buildings Act (rights of entry: supplementary provisions) there is inserted the following section—
In the Scottish listed buildings Act, section 79 (application of certain general provisions of the principal Scottish Act) is amended as follows. In subsection (1)— After subsection (2) there is inserted the following subsection—
This paragraph applies if— If this paragraph applies the provisions of Chapter 1 of Part 2 of the principal Act continue to have effect in relation to the proposals. The relevant date is whichever is the later of—
After section 35 of the Scottish hazardous substances Act (rights of entry: supplementary provisions) there is inserted the following section—
If paragraph 4 does not apply the provisions of Chapter 1 of Part 2 of the principal Act continue to have effect in relation to the proposals subject to the modifications in sub-paragraphs (2) to (5) below. If before the commencement of Part 2 of this Act the local planning authority have not published revised proposals in pursuance of regulations under section 26 of the principal Act— If before the commencement of Part 2 of this Act the local planning authority have published revised proposals in pursuance of regulations under section 26 of the principal Act the authority must comply again with section 13(2) of that Act. Any provision of regulations under section 26 of the principal Act which permits the local planning authority to modify proposals after an inquiry or other hearing has been held under section 16 of that Act must be ignored. If such an inquiry or other hearing is held the authority must adopt the proposals in accordance with the recommendations of the person appointed to hold the inquiry or other hearing.
If proposals are adopted or approved in pursuance of paragraph 4 or 5 above paragraph 1 of this Schedule applies to the policies contained in the proposals as if—
they were policies contained in a development plan for the purposes of section 27 of the principal Act;
the date of commencement of section 38 is the date when the proposals are adopted or approved.
This paragraph applies if at the date of commencement of Part 1 a local planning authority have not prepared a unitary development plan in pursuance of section 12 of the principal Act. References in paragraphs 3 to 6 to proposals for the alteration or replacement of a plan must be construed as references to the plan.
Section 79
After section 137 of the principal Act (circumstances in which a purchase notice may be served) there is inserted the following section—
After section 298 of the principal Act (supplementary provision as to Crown and Duchy interests) there is inserted the following section— Section 299 of the principal Act is omitted. The repeal of section 299 of the principal Act does not does not affect any requirement made in pursuance of regulations made under subsection (5)(b) of that section.
Sections 83 and 84 of the listed buildings Act (provisions relating to Crown land) are omitted. The repeal of section 84 of the listed buildings Act does not affect any requirement made in pursuance of regulations made under subsection (4)(b) of that section.
In paragraph 7(2) of Schedule 3 of the Gas Act 1965 after “development order” there is inserted “or local development order”.
After section 32 of the listed buildings Act (circumstances in which a purchase notice may be served) there is inserted the following section—
After section 82E of the listed buildings Act (inserted by section 84) there is inserted the following section—
Section 89(1) of the listed buildings Act (application of certain general provisions of principal Act) is amended as follows. section 329A(1) and (2) (service of notices on the Crown) section 330A(1) to (4) (information as to interests in Crown land)
After section 31 of the hazardous substances Act (exercise of powers in relation to Crown land) there is inserted the following section— Section 32 of the hazardous substances Act is omitted.
Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows. After subsection (2) there is inserted the following subsection— After subsection (8) there is inserted the following subsection—
After section 330 of the principal Act (power to require information as to interests in land) there is inserted the following section—
Section 228 of the principal Act (compulsory acquisition of land by the Secretary of State) is amended as follows. After subsection (1) there is inserted the following subsection— After subsection (7) there is inserted the following subsection—
Section 47 of the listed buildings Act (compulsory acquisition of listed building in need of repair) is amended as follows. After subsection (6) there is inserted the following subsection—
Section 293 of the principal Act (preliminary definitions) is amended as follows. In subsection (1) for the definition of “Crown interest” there is substituted the following definition—. In subsection (2) after paragraph (b) there is inserted the following paragraph—. In subsection (2) after paragraph (e) there are inserted the following paragraphs— After subsection (2) there is inserted the following subsection— After subsection (3) there are inserted the following subsections— After subsection (4) there are inserted the following subsections—
Section 293(4) of the principal Act (certain persons treated as having an interest in Crown land) is omitted.
In the listed buildings Act after section 82B (inserted by section 83(1)) there is inserted the following section—
Section 297 of the principal Act (agreements relating to Crown land) is omitted.
Section 31 of the hazardous substances Act (exercise of powers in relation to Crown land) is amended as follows. Subsections (1) and (2) are omitted. In subsection (3) for the definition of “Crown interest” there is substituted the following definition—. In subsection (5) after paragraph (a) there is inserted the following paragraph—. In subsection (5) after paragraph (d) there are inserted the following paragraphs— After subsection (6) there are inserted the following subsections—
Section 298 of the principal Act (supplementary provisions as to Crown and Duchy interests) is amended as follows. Subsections (1) and (2) are omitted. In subsection (3) after “in which there is” there is inserted “a Crown interest or”.
Section 299A of the principal Act (Crown planning obligations) is omitted.
Section 300 of the principal Act (tree preservation orders in anticipation of disposal of Crown land) is omitted. But the repeal of section 300 does not affect its operation in relation to a tree preservation order made by virtue of that section before the commencement of this paragraph.
Section 301 of the principal Act (requirement of planning permission for continuance of use instituted by the Crown) is omitted. But the repeal of section 301 does not affect its operation in relation to an agreement made as mentioned in subsection (1) of that section before the commencement of this paragraph.
After section 325 of the principal Act (supplementary provisions as to rights of entry) there is inserted the following section—
Paragraphs 8 to 13 above apply to a minerals local plan and a waste local plan as they apply to a local plan and references in those paragraphs to a local planning authority must be construed as including references to a mineral planning authority and an authority who are entitled to prepare a waste local plan.
The Secretary of State may by regulations make provision for giving full effect to this Schedule. The regulations may, in particular— The Secretary of State may by order make such provision as he thinks is necessary in consequence of anything done under or by virtue of this Schedule. Provision under sub-paragraph (3) includes provisions corresponding to that which could be made by order under Schedule 2 of the principal Act.
After section 88B of the listed buildings Act (rights of entry: supplementary provisions) there is inserted the following section—
The Secretary of State may by regulations make provision—
for treating anything done or purported to have been done for the purposes of Part 2 before the commencement of that Part as having been done after that commencement;
for disregarding any requirement of section 19 in respect of anything done or purported to have been done for the purposes of any other provision of Part 2.
After section 36B of the hazardous substances Act (rights of entry: supplementary provisions) there is inserted the following section—
After section 329 of the principal Act (service of notices) there is inserted the following section—
In section 17 of the hazardous substances Act (revocation of consent on change of control of land) after subsection (2) there is inserted the following subsection—
This Part applies to a development if—
it is a development for which before the relevant date no planning permission is required,
it is not a development or of a description of development for which planning permission is granted by virtue of a development order, and
before the relevant date proposed development notice had been given to the local planning authority.
This paragraph applies if— This paragraph also applies if— The Secretary of State must deal with the proposal as if it is an appeal by an applicant for listed building consent under section 20 of the listed buildings Act.
In the principal Scottish Act, section 242 (preliminary definitions) is amended as follows. In subsection (1) for the definition of “Crown interest” there is substituted the following definition—. In subsection (2) after paragraph (b) there is inserted the following paragraph—. After subsection (2) there is inserted the following subsection— After subsection (3) there is inserted the following subsection— After subsection (4) there are inserted the following subsections—
After section 271 of the principal Scottish Act (service of notices) there is inserted the following section—
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
Section 37(2) of the hazardous substances Act (application of certain general provisions of the principal Act) is amended as follows. section 329A(1) and (2) (service of notices on the Crown) section 330A(1) to (4) (information as to interests in Crown land)
In this Part—
the relevant date is the date of commencement of section 79(1);
proposed development notice is notice of a proposal for development given by the developer in pursuance of arrangements made by the Secretary of State in relation to development by or on behalf of the Crown;
the developer is the Crown or a person acting on behalf of the Crown.
In the Scottish listed buildings Act, after section 73B (inserted by section 93(1)), there is inserted the following section—
In section 10(3) (regulations relating to applications for listed building consent)—
for paragraph (b) and the word “and” following it there is substituted the following paragraph—;
after paragraph (c) there are inserted the following paragraphs—
In the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (referred to in this Schedule as the “Scottish hazardous substances Act”), section 31 (exercise of powers in relation to Crown land) is amended as follows. Subsections (1) and (2) are omitted. In subsection (3) for the definition of “Crown interest” there is substituted the following definition— In subsection (5) after paragraph (b) there is inserted the following paragraph—. After subsection (6) there are inserted the following subsections—
In section 23(2) (matters to which regard is to be had by local planning authority in exercising function of revoking or modifying consent) for “the development plan and to any other” there is substituted “any”.
In section 26(2) (matters to which regard is to be had by the Secretary of State in exercising function of revoking or modifying consent) for “the development plan and to any other” there is substituted “any”.
In section 67 (publicity for applications affecting the setting of listed buildings) for subsections (1) to (7) there is substituted the following subsection—
In section 73 (publicity for applications affecting conservation areas) for subsection (1) there is substituted the following subsection—
In section 91(2) (interpretation) ““development plan”” is omitted.
In section 93 (provision about regulations and orders) after subsection (6) there are inserted the following subsections—
Section 89
a constituent member, or
This paragraph applies if before the relevant date in pursuance of the arrangements either the local planning authority have or the Secretary of State has given notice to the developer that they or he (as the case may be) find the proposed development acceptable. The notice must be treated as if it is planning permission granted under Part 3 of the principal Act. If the notice is subject to conditions the conditions have effect as if they are conditions attached to the planning permission.
This paragraph applies if before the relevant date in pursuance of the arrangements either the local planning authority have or the Secretary of State has given notice to the developer that they or he (as the case may be) find the proposed works acceptable. The notice must be treated as if it is listed building consent granted under the listed buildings Act. If the notice is subject to conditions the conditions have effect as if they are conditions attached to the consent.
In the principal Scottish Act, section 189 (compulsory acquisition of land for development and other planning purposes) is amended as follows. After subsection (2) there is inserted the following subsection— After subsection (8) there is inserted the following subsection—
In the principal Scottish Act, after section 247 (supplementary provision as to Crown interest) there is inserted the following section— Section 248 (application for planning permission etc. in anticipation of disposal of Crown land) is omitted. The repeal of that section does not affect any requirement made in pursuance of regulations made under subsection (5)(b) of that section.
In the principal Scottish Act, after section 272 (power to require information as to interests in land) there is inserted the following section—
This paragraph applies if before the relevant date the local planning authority have in pursuance of the arrangements kept a register of proposed development notices. The register must be treated as if it is part of the register kept by them in pursuance of section 69 of the principal Act.
This paragraph applies if before the relevant date the local planning authority have in pursuance of the arrangements kept a register of proposed works notices. The register must be treated as if it is part of the register kept by them in pursuance of the listed buildings Act.
Section 190 of that Act (compulsory acquisition of land by Secretary of State for the Environment) is amended as follows. After subsection (1) there is inserted the following subsection— After subsection (7) there is added the following subsection—
After section 73E of the Scottish listed buildings Act (inserted by section 94(4)) there is inserted the following section—
In the Scottish listed buildings Act, section 42 (compulsory acquisition of listed building in need of repair) is amended as follows. After subsection (6) there is inserted the following subsection—
In the Scottish hazardous substances Act, section 32 (application for hazardous substances consent in anticipation of disposal of Crown land) is omitted.
Before section 33 of that Act there is inserted—
This paragraph applies if— This paragraph also applies if— The Secretary of State must deal with the proposal as if it is an appeal by an applicant for planning permission under section 78 of the principal Act.
means a person appointed by a constituent council to be a member of the authority; and
This paragraph applies if before the relevant date— The principal Act applies as if the proposal is an application for planning permission duly made under Part 3 of that Act.
Sections 242(4) (certain persons treated as having an interest in Crown land) and 246 (agreements relating to Crown land) of the principal Scottish Act are omitted.
References to section 27 of the principal Act must be construed subject to section 28(3)(a) and (c) of that Act. RSS must be construed in accordance with Part 1 of this Act. Development plan document must be construed in accordance with Part 2 of this Act.
In the principal Scottish Act, for section 247 (supplementary provisions as to Crown interest) there is substituted the following section—
In the principal Scottish Act, section 249 (tree preservation orders in anticipation of disposal of Crown land) is omitted. But the repeal of section 249 does not affect its operation in relation to a tree preservation order made by virtue of that section before the commencement of this paragraph.
In the principal Scottish Act, section 250 (requirement of planning permission for continuance of use instituted by the Crown) is omitted. But the repeal of section 250 does not affect its operation in relation to an agreement made as mentioned in subsection (1) of that section before the commencement of this paragraph.
Section 90
In the Town and Country Planning (Scotland) Act 1997 (c. 8) (referred to in this Schedule as the “principal Scottish Act”), there is inserted after section 88 (circumstances in which purchase notices may be served) the following section—
In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (referred to in this Schedule as the “Scottish listed buildings Act”), after section 28 (circumstances in which purchase notices may be served) there is inserted the following section—
Section 118
In section 40 of the Planning (Hazardous Substances) Act 1990 (provision about regulations) after subsection (3) there is inserted the following subsection—
This paragraph applies to— During the transitional period the local planning authority or county council (as the case may be) must include in the scheme as a development plan document—
Section 118
In section 58(4) of the Finance Act 1969 (disclosure of information for statistical purposes), in the Table in the entry relating to local planning authorities—
in the first column for “the Town and Country Planning Act 1990” there is substituted “Part 2 or 6 of the Planning and Compulsory Purchase Act 2004”;
In the second column for “Part II of the Town and Country Planning Act 1990” there is substituted “Part 2 or 6 of the Planning and Compulsory Purchase Act 2004”.
Paragraph 3 of Schedule 2 to the Countryside Act 1968 is amended as follows. In sub-paragraph (2), after “published” there is inserted “, affixed”. In sub-paragraph (4)(a), after “published” there is inserted “, affixed”. The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.
In section 24(4) of the Greater London Council (General Powers) Act 1973 (definitions for the purpose or provision relating to parking place agreements)—
in the definition of appropriate provision for “the Greater London” there is substituted “their”;
in the second place where it occurs “Greater London development plan” is omitted.
The Highways Act 1980 is amended as follows. In section 232(8) after “1990” there is inserted “and Parts 2 and 6 of the Planning and Compulsory Purchase Act 2004”. “development plan” must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004; “local authority” has the same meaning as in the Town and Country Planning Act 1990. Section 259 (power to confirm, etc, compulsory purchase order in part) is omitted. The amendment made by sub-paragraph (4) does not apply to a compulsory purchase order of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before the commencement of that sub-paragraph.
The Education Reform Act 1988 is amended as follows. In section 190 (wrongful contracts or disposals), in subsection (6) for the words from “references” to the end there is substituted “the reference in section 12 of that Act to an owner of the land included reference to the London Residuary Body”. In section 201 (wrongful disposals), in subsection (6), for the words from “references” to the end there is substituted “the reference in section 12 of that Act to an owner of the land included reference to the local education authority concerned”. The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.
In section 14(5) of the Local Government Act 1992 (structural changes which may be recommended by the Electoral Commission), paragraph (d) is omitted.
The Town and Country Planning (Scotland) Act 1997 is amended as follows. In section 26(2)(b) (meaning of “development”), for “local roads authority” there is substituted “roads authority (as defined by section 151(1) of the Roads (Scotland) Act 1984)”. In section 275 (regulations and orders), after subsection (2) there is inserted— In Schedule 10 (periodic review of mineral planning permissions)—
In section 86(4) of the Countryside and Rights of Way Act 2000—
“II,” is omitted;
at the end there is inserted “or under Part 2 or 6 of the Planning and Compulsory Purchase Act 2004”.
Section 119
“relevant member”, in relation to mayoral combined authority or mayoral combined county authority means— and also includes the deputy mayor acting in place of the mayor.
During the transitional period a reference in an enactment mentioned in section 38(7) above to the development plan for an area in England is a reference to— The transitional period is the period starting with the commencement of section 38 and ending on whichever is the earlier of— But the Secretary of State may direct that for the purposes of such policies as are specified in the direction sub-paragraph (2)(a) does not apply. An old policy is a policy which (immediately before the commencement of section 38) forms part of a development plan for the purposes of section 27 or 54 of the principal Act. A new policy is a policy which is contained in— But— A new policy is published if it is contained in— A new policy is adopted or approved if it is contained in a development plan document which is adopted or approved for the purposes of Part 2. A minerals and waste development scheme is a scheme prepared in accordance with section 16. The development plan mentioned in sub-paragraph (1)(b) does not include a street authorisation map which continued to be treated as having been adopted as a local plan by virtue of paragraph 4 of Part 3 of Schedule 2 to the principal Act.
the mayor,
This paragraph applies to proposals for the alteration or replacement of a local plan for the area of a local planning authority. If before the commencement of Part 2 of this Act the authority have not complied with section 40(2) of the principal Act (making copies of the proposals available for inspection)— In any other case paragraph 9 or 10 below applies.
The repeal by this Act of paragraphs 1 to 4 of Schedule 13 to the principal Act does not affect anything which is required or permitted to be done for the purposes of Chapter 2 of Part 6 of the principal Act during any time when a plan mentioned in any of those paragraphs continues to form part of the development plan by virtue of— References to a plan mentioned in any of paragraphs 1 to 4 include any proposal for the alteration or replacement of the plan. The development plan is the development plan for the purposes of section 27 or 54 of the principal Act.
This paragraph applies if— If this paragraph applies the provisions of Chapter 2 of Part 2 of the principal Act continue to have effect in relation to the proposals. The relevant date is whichever is the later of—
If paragraph 9 does not apply the provisions of Chapter 2 of Part 2 of the principal Act continue to have effect in relation to the proposals subject to the modifications in sub-paragraphs (2) to (5) below. If before the commencement of Part 2 of this Act the local planning authority have not published revised proposals in pursuance of regulations under section 53 of the principal Act— If before the commencement of Part 2 of this Act the local planning authority have published revised proposals in pursuance of regulations under section 53 of the principal Act the authority must comply again with section 40(2) of that Act. Any provision of regulations under section 53 of the principal Act which permits the local planning authority to modify proposals after an inquiry or other hearing has been held under section 42 of that Act must be ignored. If such an inquiry or other hearing is held the authority must adopt the proposals in accordance with the recommendations of the person appointed to hold the inquiry or other hearing.
This paragraph applies if the Secretary of State thinks— The Secretary of State may direct that to the extent specified in the direction the conformity requirement must be ignored. The Secretary of State must give reasons for the direction. The conformity requirement is— Relevant policies and guidance are—
If proposals are adopted or approved in pursuance of paragraphs 9 to 11 above paragraph 1 of this Schedule applies to the policies contained in the proposals as if—
they were policies contained in a development plan for the purposes of section 54 of the principal Act;
the date of commencement of section 38 is the date when the proposals are adopted or approved.
This paragraph applies if at the date of commencement of Part 1 a local planning authority have not prepared a local plan in pursuance of section 36 of the principal Act. References in paragraphs 8 to 12 to proposals for the alteration or replacement of a plan must be construed as references to the plan.
Section 120 Short title and chapter Extent of repeal Land Compensation Act 1973 (c. 26) Sections 34 to 36. In section 87(1), in the definition of “dwelling”, “(except in section 29)”. Greater London Council (General Powers) Act 1973 (c. xxx) In section 24(4), the second “Greater London development plan”. Welsh Development Agency Act 1975 (c. 70) In Schedule 4, paragraph 2. Local Government, Planning and Land Act 1980 (c. 65) In section 142(2A), “(subject to section 144(2))”. In section 143(3A), “(subject to section 144(2))”. In section 144(2), “the 1981Act and”. In Schedule 28, in paragraph 1, “The 1981Act and” and the words from “and in paragraph 2” to the end. Highways Act 1980 (c. 66) Section 259. Housing Act 1988 (c. 50) In Schedule 10, paragraph 2. Town and Country Planning Act 1990 (c. 8) Part 2. In section 55(2)(b), the word “local”. Section 73(3). Section 76. Section 83(1). Sections 106 to 106B. In section 220(3), the expression “62”. In section 226, in subsection (1) the first “which” and subsection (2). Section 245(2) and (3). In section 284(1), paragraph (a). In section 287, in subsection (5), paragraph (a) and in each of paragraphs (b) to (e) the words “by virtue of subsection (3)” and subsection (6). Section 293(4). Sections 294 to 297. Section 298(1) and (2). Sections 299 to 301. Section 303(6). In section 303A, in subsection (5) the words “or appointed as one of the persons who are to hold it”, the words “(in addition to what may be recovered by virtue of the appointment of any other person)” and in paragraph (c) the words “(or, in a case where that person is appointed as one of the persons who are to hold the qualifying inquiry, an appropriate proportion of any costs attributable to the appointment of an assessor to assist those persons)” and subsections (7) to (9). In Schedule 1, paragraph 2, in paragraph 3(7) the words “but paragraph 4 shall apply to such applications instead”. In Schedule 2, Parts 1, 2 and 3. In Schedule 7, paragraphs 3 and 4. In Schedule 13, paragraphs 1 to 4. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) In section 10, in subsection (2) the words “shall be made in such form as the authority may require and” and in subsection (3) the word “and” after paragraph (b). Section 67(2) to (7). Sections 83 and 84. In section 91(2), ““development plan””. In section 92(2)(a), “83, 84,”. Planning (Hazardous Substances) Act 1990 (c. 10) Section 31(1) and (2). Section 32. Planning and Compensation Act 1991 (c. 34) Section 17(1). In Schedule 4, Part 3. In Schedule 18, Part 2 in the entry relating to the Land Compensation Act 1973, “section 36(6) (farm loss payment),”. Local Government Act 1992 (c. 19) In section 14(5), paragraph (d). Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) In Schedule 20, paragraph 2. Environment Act 1995 (c. 25) In section 67, subsections (2) to (4). Town and Country Planning (Scotland) Act 1997 (c. 8) Section 242(4). Sections 243 to 250. Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) Sections 74 and 75. Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) Section 31(1) and (2). Section 32. Regional Development Agencies Act 1998 (c. 45) In Schedule 5, paragraph 1. Countryside and Rights of Way Act 2000 (c. 37) In section 86(4), “II,”. Note: The repeal of sections 34 to 36 of the Land Compensation Act 1973 does not have effect in relation to a compulsory purchase order made or made in draft before the commencement of paragraph 7(3) of Schedule 7.