(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The local planning authority's 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.
(4) 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) Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).
(5) 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.
(6) 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.
(6A) The Secretary of State may by regulations make provision requiring a local planning authority to review a local development document at such times as may be prescribed.
(6B) If regulations under subsection (6A) require a local planning authority to review a local development document—
(a) they must consider whether to revise the document following each review, and
(b) if they decide not to do so, they must publish their reasons for considering that no revisions are necessary.
(6C) Any duty imposed by virtue of subsection (6A) applies in addition to the duty in subsection (6).
(7) Regulations under this section may prescribe—
(za) which descriptions of documents are, or if prepared are, to be prepared as local development documents;
(a) which descriptions of local development documents are development plan documents;
(b) the form and content of the local development documents;
(c) the time at which any step in the preparation of any such document must be taken.
(8) A document is a local development document only in so far as it or any part of it—
(a) is adopted by resolution of the local planning authority as a local development document;
(b) is approved by the Secretary of State under section 21 or 27.
(c) is approved by the Mayor of London under paragraph 2 of Schedule A1;
(d) is approved by a combined authority under paragraph 6 of that Schedule.
(e) is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.
(1) The local planning authority must prepare a statement of community involvement.
(2) 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 13, 15, 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.
(2A) Subject to subsection (2B), the reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).
(2B) A statement of community involvement must set out the local planning authority's policies for giving advice or assistance under—
(a) paragraph 3 of Schedule 4B to the principal Act (advice or assistance on proposals for making of neighbourhood development orders), and
(b) paragraph 3 of Schedule A2 to this Act (advice or assistance on proposals for modification of neighbourhood development plans).
(2C) The reference in subsection (2B)(a) to Schedule 4B to the principal Act includes that Schedule as applied by section 38A(3) of this Act (process for making neighbourhood development plans).
(2D) Subsection (2B) applies regardless of whether, at any given time—
(a) an area within the area of the authority has been designated as a neighbourhood area, or
(b) there is a qualifying body which is entitled to submit proposals to the authority for the making by the authority of a neighbourhood development order or a neighbourhood development plan.
(3) For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document.
This is subject to section 17(8).
(3A) The statement of community involvement must not be specified as a development plan document in the local development scheme.
(3B) The Secretary of State may by regulations prescribe matters to be addressed by a statement of community involvement in addition to the matters mentioned in subsection (2).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Development plan documents must be prepared in accordance with the local development scheme.
(1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.
(1B) Each local planning authority must identify the strategic priorities for the development and use of land in the authority’s area.
(1C) Policies to address those priorities must be set out in the local planning authority’s development plan documents (taken as a whole).
(1D) Subsection (1C) does not apply in the case of a London borough council or a Mayoral development corporation if and to the extent that the council or corporation are satisfied that policies to address those priorities are set out in the spatial development strategy.
(1E) If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority’s area, subsection (1D) also applies in relation to—
(a) a local planning authority whose area is within, or the same as, the area of the combined authority, and
(b) the spatial development strategy published by the combined authority.
(2) In preparing a local development document the local planning authority must have regard to—
(a) national policies and advice contained in guidance issued by the Secretary of State;
(aa) the local development documents which are to be development plan documents;
(b) the regional strategy for the region in which the area of the authority is situated, if the area is outside Greater London;
(c) the spatial development strategy if the authority are a London borough or if any part of the authority’s area adjoins Greater London;
(d) the regional strategy for any region which adjoins the area of the authority;
(e) the National Development Framework for Wales, if any part of the authority’s area adjoins Wales;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) any other local development document which has been adopted by the authority;
(i) the resources likely to be available for implementing the proposals in the document;
(j) such other matters as the Secretary of State prescribes.
(3) In preparing the local development documents (other than their statement of community involvement) the authority must also comply with their statement of community involvement.
(4) But subsection (3) does not apply at any time before the authority have adopted their statement of community involvement.
(5) The local planning authority must also—
(a) carry out an appraisal of the sustainability of the proposals in each development plan document;
(b) prepare a report of the findings of the appraisal.
(6) The Secretary of State may by regulations make provision—
(a) as to any further documents which must be prepared by the authority in connection with the preparation of a local development document;
(b) as to the form and content of such documents.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The local planning authority must submit every development plan document to the Secretary of State for independent examination.
(2) But the authority must not submit such a document unless—
(a) they have complied with any relevant requirements contained in regulations under this Part, and
(b) they think the document is ready for independent examination.
(3) 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.
(4) The examination must be carried out by a person appointed by the Secretary of State.
(5) The purpose of an independent examination is to determine in respect of the development plan document—
(a) 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;
(b) whether it is sound.; and
(c) whether the local planning authority complied with any duty imposed on the authority by section 33A in relation to its preparation.
(6) 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.
(6A) The Secretary of State may by notice to the person appointed to carry out the examination—
(a) direct the person not to take any step, or any further step, in connection with the examination of the development plan document, or of a specified part of it, until a specified time or until the direction is withdrawn;
(b) require the person—
(i) to consider any specified matters;
(ii) to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the person;
(iii) to take any specified procedural step in connection with the examination.
In this subsection “specified” means specified in the notice.
(7) Where the person appointed to carry out the examination—
(a) has carried it out, and
(b) considers that, in all the circumstances, it would be reasonable to conclude—
(i) that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, and
(ii) that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation,
the person must recommend that the document is adopted and give reasons for the recommendation.
(7A) Where the person appointed to carry out the examination—
(a) has carried it out, and
(b) is not required by subsection (7) to recommend that the document is adopted,
the person must recommend non-adoption of the document and give reasons for the recommendation.
(7B) Subsection (7C) applies where the person appointed to carry out the examination—
(a) does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but
(b) does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation.
(7C) If asked to do so by the local planning authority, the person appointed to carry out the examination must recommend modifications of the document that would make it one that—
(a) satisfies the requirements mentioned in subsection (5)(a), and
(b) is sound.
(8) The local planning authority must publish the recommendations and the reasons.
(1) If the Secretary of State thinks that a local development document is unsatisfactory—
(a) 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;
(b) if he gives such a direction he must state his reasons for doing so.
(2) The authority—
(a) must comply with the direction;
(b) must not adopt the document unless the Secretary of State gives notice that he is satisfied that they have complied with the direction.
(3) But subsection (2) does not apply if or to the extent that the Secretary of State withdraws the direction.
(4) 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.
(5) The following paragraphs apply if the Secretary of State gives a direction under subsection (4)—
(a) the authority must not take any step in connection with the adoption of the document until the Secretary of State gives his decision , or withdraws the direction;
(b) if the direction is given, and not withdrawn, before the authority have submitted the document under section 20(1), the Secretary of State must hold an independent examination;
(c) 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 , and is not withdrawn before those recommendations are made, the person must make his recommendations to the Secretary of State;
(d) the document has no effect unless the document or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.
(5A) Subsections (4) to (7C) of section 20 apply to an examination held under subsection (5)(b), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.
(5B) For the purposes of subsection (5)(d) the “relevant part” of a development plan document is the part that—
(a) is covered by a direction under subsection (4) which refers to only part of the document, or
(b) continues to be covered by a direction under subsection (4) following the partial withdrawal of the direction.
(6) 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.
(7) 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.
(8) It is immaterial whether any such matter was taken account of by the authority.
(9) In relation to a document or part of a document submitted to him under subsection (4) the Secretary of State—
(a) may approve, approve subject to specified modifications or reject the document or part;
(b) must give reasons for his decision under paragraph (a).
(9A) The Secretary of State may at any time—
(a) after a development plan document has been submitted for independent examination under section 20, but
(b) before it is adopted under section 23,
direct the local planning authority to withdraw the document.
(10) In the exercise of any function under this section the Secretary of State must have regard to the local development scheme.
(11) The local planning authority must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under this section that is specified in a notice given to the authority by the Secretary of State.
(12) In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities who have prepared the document.
21A Temporary direction pending possible use of intervention powers
(1) If the Secretary of State is considering whether to give a direction to a local planning authority under section 21 in relation to a development plan document or other local development document, he may direct the authority not to take any step in connection with the adoption of the document—
(a) until the time (if any) specified in the direction, or
(b) until the direction is withdrawn.
(2) A document to which a direction under this section relates has no effect while the direction is in force.
(3) A direction given under this section in relation to a document ceases to have effect if a direction is given under section 21 in relation to that document.
(1) A local planning authority may at any time before a local development document is adopted under section 23 withdraw the document.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) 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—
(a) any representations made in relation to the document;
(b) any other matter they think is relevant.
(2) If the person appointed to carry out the independent examination of a development plan document recommends that it is adopted, the authority may adopt the document—
(a) as it is, or
(b) with modifications that (taken together) do not materially affect the policies set out in it.
(2A) Subsection (3) applies if the person appointed to carry out the independent examination of a development plan document—
(a) recommends non-adoption, and
(b) under section 20(7C) recommends modifications (“the main modifications”).
(3) The authority may adopt the document—
(a) with the main modifications, or
(b) with the main modifications and additional modifications if the additional modifications (taken together) do not materially affect the policies that would be set out in the document if it was adopted with the main modifications but no other modifications.
(4) The authority must not adopt a development plan document unless they do so in accordance with subsection (2) or (3).
(5) A document is adopted for the purposes of this section if it is adopted by resolution of the authority.
(1) The local development documents must be in general conformity with—
(a) the regional strategy (if the area of the local planning authority is in a region other than London);
(b) the spatial development strategy (if the local planning authority are a London borough or a Mayoral development corporation for an area in Greater London).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A local planning authority which are a London borough or a Mayoral development corporation for an area in Greater London —
(a) 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;
(b) 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.
(5) Whether or not the local planning authority make a request mentioned in subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) 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.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State —
(a) may at any time revoke a local development document at the request of the local planning authority;
(b) may prescribe descriptions of local development document which may be revoked by the authority themselves.
(1) The local planning authority may at any time prepare a revision of a local development document.
(2) The authority must prepare a revision of a local development document—
(a) if the Secretary of State directs them to do so, and
(b) in accordance with such timetable as he directs.
(3) This Part applies to the revision of a local development document as it applies to the preparation of the document.
(4) Subsection (5) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.
(5) As soon as practicable after the occurrence of a relevant event—
(a) the authority must review every local development document in the light of the enterprise zone scheme;
(b) 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.
(6) The following are relevant events—
(a) 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);
(b) the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).
(7) References to an enterprise zone and an enterprise zone scheme must be construed in accordance with that Act.
(1) 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.
(2) The Secretary of State may—
(a) prepare or revise (as the case may be) the document, or
(b) give directions to the authority in relation to the preparation or revision of the document.
(3) The Secretary of State must either—
(a) hold an independent examination, or
(b) direct the authority to submit the document for independent examination.
(4) The Secretary of State must either—
(a) publish the recommendations and reasons of the person appointed to hold the examination, or
(b) give directions to the authority in relation to publication of those recommendations and reasons.
(5) The Secretary of State may—
(a) approve the document, or approve it subject to specified modifications, as a local development document,
(b) direct the authority to consider adopting the document by resolution of the authority as a local development document, or
(c) (except where it was prepared or revised by the Secretary of State under subsection (2)(a)) reject the document.
(6) Subsections (4) to (7C) of section 20 apply (subject to subsection (7) below) to an examination held under subsection (3)(a), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.
(7) Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an independent examination held—
(a) under subsection (3)(a), or
(b) in response to a direction under subsection (3)(b),
in respect of a document prepared or revised by the Secretary of State under subsection (2)(a).
(8) The Secretary of State must give reasons for anything he does in pursuance of subsection (2) or (5).
(9) The authority must reimburse the Secretary of State for any expenditure he incurs in connection with anything—
(a) which is done by him under subsection (2)(a), and
(b) which the authority failed or omitted to do as mentioned in subsection (1).
(10) In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities for whom the document has been prepared.
(1) Two or more local planning authorities may agree to prepare one or more joint local development documents.
(2) 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.
(3) 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.
(4) Any requirement of this Part in relation to regional strategy is a requirement in relation to regional strategy for the region in which each authority mentioned in subsection (1) is situated.
(5) 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.
(6) Subsections (7) to (9) apply if a local planning authority withdraw from an agreement mentioned in subsection (1).
(7) Any step taken in relation to the document must be treated as a step taken by—
(a) an authority which were a party to the agreement for the purposes of any corresponding document prepared by them;
(b) two or more other authorities who were parties to the agreement for the purposes of any corresponding joint local development document.
(8) Any independent examination of a local development document to which the agreement relates must be suspended.
(9) 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—
(a) the examination is resumed in relation to—
(i) any corresponding document prepared by an authority which were a party to the agreement, or
(ii) any corresponding joint local development document prepared by two or more other authorities which were parties to the agreement;
(b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
(10) A joint local development document is a local development document prepared jointly by two or more local planning authorities.
(11) The Secretary of State may by regulations make provision as to what is a corresponding document or a corresponding joint local development document for the purposes of this section.
28A Power to direct preparation of joint development plan documents
(1) The Secretary of State may direct two or more local planning authorities to prepare a joint development plan document.
(2) The Secretary of State may give a direction under this section in relation to a document whether or not it is specified in the local development schemes of the local planning authorities in question as a document which is to be prepared jointly with one or more other local planning authorities.
(3) The Secretary of State may give a direction under this section only if the Secretary of State considers that to do so will facilitate the more effective planning of the development and use of land in the area of one or more of the local planning authorities in question.
(4) A direction under this section may specify—
(a) the area to be covered by the joint development plan document to which the direction relates;
(b) the matters to be covered by that document;
(c) the timetable for preparation of that document.
(5) The Secretary of State must, when giving a direction under this section, notify the local planning authorities to which it applies of the reasons for giving it.
(6) If the Secretary of State gives a direction under this section, the Secretary of State may direct the local planning authorities to which it is given to amend their local development schemes so that they cover the joint development plan document to which it relates.
(7) A joint development plan document is a development plan document which is, or is required to be, prepared jointly by two or more local planning authorities pursuant to a direction under this section.
28B Application of Part to joint development plan documents
(1) This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint development plan document as it applies for the purposes of any step which may be or is required to be taken in relation to a development plan document.
(2) For the purposes of subsection (1) anything which must be done by or in relation to a local planning authority in connection with a development plan document must be done by or in relation to each of the authorities mentioned in section 28A(1) in connection with a joint development plan document.
(3) If the authorities mentioned in section 28A(1) include a London borough council or a Mayoral development corporation, the requirements of this Part in relation to the spatial development strategy also apply.
(4) Those requirements also apply if—
(a) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the combined authority's area, and
(b) the authorities mentioned in section 28A(1) include a local planning authority whose area is within, or is the same as, the area of the combined authority.
28C Modification or withdrawal of direction under section 28A
(1) The Secretary of State may modify or withdraw a direction under section 28A by notice in writing to the authorities to which it was given.
(2) The Secretary of State must, when modifying or withdrawing a direction under section 28A, notify the local planning authorities to which it was given of the reasons for the modification or withdrawal.
(3) The following provisions of this section apply if—
(a) the Secretary of State withdraws a direction under section 28A, or
(b) the Secretary of State modifies a direction under that section so that it ceases to apply to one or more of the local planning authorities to which it was given.
(4) Any step taken in relation to the joint development plan document to which the direction related is to be treated as a step taken by—
(a) a local planning authority to which the direction applied for the purposes of any corresponding document prepared by them, or
(b) two or more local planning authorities to which the direction applied for the purposes of any corresponding joint development plan document prepared by them.
(5) Any independent examination of a joint development plan document to which the direction related must be suspended.
(6) If before the end of the period prescribed for the purposes of this subsection a local planning authority to which the direction applied request the Secretary of State to do so, the Secretary of State may direct that—
(a) the examination is resumed in relation to—
(i) any corresponding document prepared by a local planning authority to which the direction applied, or
(ii) any corresponding joint development plan document prepared by two or more local planning authorities to which the direction applied, and
(b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
(7) The Secretary of State may by regulations make provision as to what is a corresponding document or a corresponding joint development plan document for the purposes of this section.
(1) 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—
(a) for the area specified in the agreement;
(b) in respect of such matters as are so specified.
(2) The Secretary of State may by order constitute a joint committee to be the local planning authority—
(a) for the area;
(b) in respect of those matters.
(3) Such an order—
(a) must specify the authority or authorities and county council or councils (the constituent authorities) which are to constitute the joint committee;
(b) 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.
(4) Provision under subsection (3)(b)—
(a) may include provision corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972 (c. 70);
(b) may apply (with or without modifications) such enactments relating to local authorities as the Secretary of State thinks appropriate.
(5) If an order under this section is annulled in pursuance of a resolution of either House of Parliament—
(a) with effect from the date of the resolution the joint committee ceases to be the local planning authority as mentioned in subsection (2);
(b) 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;
(c) each of those local planning authorities must revise their local development scheme accordingly.
(6) 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.
(7) 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.
(8) Subsection (9) applies to any function—
(a) which is conferred on a local planning authority (within the meaning of the principal Act) under or by virtue of the planning Acts, and
(b) which relates to the authority’s local development scheme or local development documents.
(9) 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.
(10) For the purposes of subsection (4) a local authority is any of the following—
(a) a county council;
(b) a district council;
(c) a London borough council.
(1) 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—
(a) an order under section 29, or
(b) an earlier agreement under this section.
(2) Each of the constituent authorities and the joint committee must revise their local development scheme in accordance with the agreement.
(3) 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).
(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.
(2) The Secretary of State may revoke the order.
(3) 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.
(4) A successor authority is—
(a) a local planning authority which were a constituent authority of the joint committee;
(b) 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).
(5) 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.
(6) 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—
(a) the examination is resumed in relation to the corresponding document;
(b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
(7) The Secretary of State may by regulations make provision as to what is a corresponding scheme or document.
(1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—
(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);
(b) 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));
(c) an order under section 1 of the New Towns Act 1981 (c. 64).
(2) 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 the provisions of—
(a) this Part, or
(b) any particular regulations made under section 14A,
do not apply to the area of an urban development corporation.
33A Duty to co-operate in relation to planning of sustainable development
(1) Each person who is—
(a) a local planning authority,
(b) a county council in England that is not a local planning authority, or
(c) a body, or other person, that is prescribed or of a prescribed description,
must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) in maximising the effectiveness with which activities within subsection (3) are undertaken.
(2) In particular, the duty imposed on a person by subsection (1) requires the person—
(a) to engage constructively, actively and on an ongoing basis in any process by means of which activities within subsection (3) are undertaken, and
(b) to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).
(3) The activities within this subsection are—
(a) the preparation of development plan documents,
(b) the preparation of other local development documents,
(c) the preparation of marine plans under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions,
(d) activities that can reasonably be considered to prepare the way for activities within any of paragraphs (a) to (c) that are, or could be, contemplated, and
(e) activities that support activities within any of paragraphs (a) to (c),
so far as relating to a strategic matter.
(4) For the purposes of subsection (3), each of the following is a “strategic matter”—
(a) sustainable development or use of land that has or would have a significant impact on at least two planning areas, including (in particular) sustainable development or use of land for or in connection with infrastructure that is strategic and has or would have a significant impact on at least two planning areas, and
(b) sustainable development or use of land in a two-tier area if the development or use—
(i) is a county matter, or
(ii) has or would have a significant impact on a county matter.
(5) In subsection (4)—
“ county matter ” has the meaning given by paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),
“ planning area ” means—
the area of—
a district council (including a metropolitan district council),
a London borough council, or
a county council in England for an area for which there is no district council,
but only so far as that area is neither in a National Park nor in the Broads,
a National Park,
the Broads,
the English inshore region, or
the English offshore region, and
“ two-tier area ” means an area—
for which there is a county council and a district council, but
which is not in a National Park.
(6) The engagement required of a person by subsection (2)(a) includes, in particular—
(a) considering whether to consult on and prepare, and enter into and publish, agreements on joint approaches to the undertaking of activities within subsection (3), and
(b) if the person is a local planning authority, considering whether to agree under section 28 to prepare joint local development documents.
(7) A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.
(8) A person, or description of persons, may be prescribed for the purposes of subsection (1)(c) only if the person, or persons of that description, exercise functions for the purposes of an enactment.
(9) A person is within this subsection if the person is a body, or other person, that is prescribed or of a prescribed description.
(10) In this section—
“ the English inshore region ” and “ the English offshore region ” have the same meaning as in the Marine and Coastal Access Act 2009, and
“ land ” includes the waters within those regions and the bed and subsoil of those waters.
(1) 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.
(2) The Secretary of State must issue guidance for local planning authorities on how their local development documents (taken as a whole) should address housing needs that result from old age or disability.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Every local planning authority must prepare reports containing such information as is prescribed as to—
(a) the implementation of the local development scheme;
(b) the extent to which the policies set out in the local development documents are being achieved.
(3) A report under subsection (2) must—
(a) be in respect of a period—
(i) which the authority considers appropriate in the interests of transparency,
(ii) which begins with the end of the period covered by the authority's most recent report under subsection (2), and
(iii) which is not longer than 12 months or such shorter period as is prescribed;
(c) be in such form as is prescribed;
(d) contain such other matter as is prescribed.
(3A) Subsection (3B) applies if a London borough council or a Mayoral development corporation have determined in accordance with section 19(1D) that—
(a) policies to address the strategic priorities for the development and use of land in their area are set out in the spatial development strategy, and
(b) accordingly, such policies will not to that extent be set out in their development plan documents.
(3B) Each report by the council or corporation under subsection (2) must—
(a) indicate that such policies are set out in the spatial development strategy, and
(b) specify where in the strategy those policies are set out.
(3C) If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority’s area, subsections (3A) and (3B) also apply in relation to—
(a) a local planning authority whose area is within, or the same as, the area of the combined authority, and
(b) the spatial development strategy published by the combined authority.
(4) The authority must make the authority's reports under this section available to the public.
(1) The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.
(2) The regulations may in particular make provision as to—
(a) the procedure to be followed by the local planning authority in carrying out the appraisal under section 19;
(b) the procedure to be followed in the preparation of local development documents;
(c) requirements about the giving of notice and publicity;
(d) requirements about inspection by the public of a local development document or any other document;
(e) the nature and extent of consultation with and participation by the public in anything done under this Part;
(f) the making of representations about any matter to be included in a local development document;
(g) consideration of any such representations;
(h) the remuneration and allowances payable to a person appointed to carry out an independent examination under section 20;
(i) the determination of the time at which anything must be done for the purposes of this Part;
(j) the manner of publication of any draft, report or other document published under this Part;
(k) monitoring the exercise by local planning authorities of their functions under this Part;
(l) the making of reasonable charges for the provision of copies of documents required by or under this Part.
(3) The Secretary of State may from time to time publish data standards for—
(a) local development schemes,
(b) local development documents, or
(c) local development documents of a particular kind.
(4) For this purpose a “data standard” is a written standard which contains technical specifications for a scheme or document or the data contained in a scheme or document.
(5) A local planning authority must comply with the data standards published under subsection (3) in preparing, publishing, maintaining or revising a scheme or document to which the standards apply.
(1) Local development scheme must be construed in accordance with section 15.
(2) Local development document must be construed in accordance with sections 17 and 18(3).
(3) A development plan document is a local development document which is specified as a development plan document in the local development scheme.
(4) Local planning authorities are—
(a) district councils;
(b) London borough councils;
(c) metropolitan district councils;
(d) county councils in relation to any area in England for which there is no district council;
(e) the Broads Authority.
(5) A National Park authority is the local planning authority for the whole of its area and subsection (4) must be construed subject to that.
(5ZA) Subsection (4) must also be construed subject to any order under section 198(2) of the Localism Act 2011 so far as providing that a Mayoral development corporation is, as regards an area, to be the local planning authority for some or all of the purposes of this Part in relation to some or all kinds of development.
(5ZB) Where such an order makes such provision, that MDC is, in relation to the kinds of development concerned, the local planning authority for the area and purposes concerned in place of any authority who, in relation to those kinds of development, would otherwise be the local planning authority for that area and those purposes.
(5A) Subsection (4) must additionally be construed, and subsection (5ZB) must be construed, subject to any designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) providing that the Homes and Communities Agency is to be the local planning authority—
(a) for an area specified in the order, and
(b) for all purposes of this Part or any such purposes so specified.
(5B) Where such an order makes such provision, the Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.
(5C) Joint local development document must be construed in accordance with section 28(10).
(5D) Joint development plan document must be construed in accordance with section 28A(7).
(6) Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.
(6A) “ Responsible regional authorities ” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.
(7) This section applies for the purposes of this Part.
(1) A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2A) to (5).
(2A) For the purposes of any area in England the development plan is—
(a) each spatial development strategy that is operative in relation to that area,
(b) each local plan which has effect in relation to that area,
(c) each minerals and waste plan which has effect in relation to that area,
(d) each supplementary plan which has effect in relation to that area,
(e) each neighbourhood development plan which has been made in relation to that area, and
(f) each policies map for that area.
(3A) For the purposes of any area in England (but subject to subsection (3B)) a neighbourhood development plan which relates to that area also forms part of the development plan for that area if—
(a) section 38A(4)(a) (approval by referendum) applies in relation to the neighbourhood development plan, but
(b) the local planning authority to whom the proposal for the making of the plan has been made have not made the plan.
(3B) The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.
(4) For the purposes of any area in Wales the development plan is —.
(a) the National Development Framework for Wales,
(b) any strategic development plan for an area that includes all or part of that area, and
(c) the local development plan for that area.
(5) If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document to become part of the development plan.
(6) If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.
(7) The enactments mentioned in subsection (1) are—
(a) this Act;
(b) the planning Acts;
(c) any other enactment relating to town and country planning;
(d) the Land Compensation Act 1961 (c. 33);
(e) the Highways Act 1980 (c. 66).
(8) In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.
(9A) In subsection (2A)—
(a) “spatial development strategy”, “local plan”, “minerals and waste plan” and “supplementary plan” have the same meaning as in Part 2 (see, in particular, section 15LH), and
(b) policies map must be construed in accordance with section 15LD.
(10) Neighbourhood development plan must be construed in accordance with section 38A.
38ZA Meaning of “national development management policy”
(1) A “national development management policy” is a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy.
(2) The Secretary of State may—
(a) revoke a direction under subsection (1);
(b) modify a national development management policy.
(3) The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—
(a) in preparing a policy which is to be designated as a national development management policy, or
(b) in modifying a national development management policy.
(4) Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons as the Secretary of State thinks appropriate takes place.
(5) The only cases in which no consultation or participation need take place under subsection (4) are those where the Secretary of State thinks that none is appropriate because—
(a) a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or
(b) it is necessary, or expedient, for the Secretary of State to act urgently.
(1) Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan.
(2) A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.
(3) Schedule 4B to the principal Act, which makes provision about the process for the making of neighbourhood development orders, including—
(a) provision for independent examination of orders proposed by qualifying bodies, and
(b) provision for the holding of referendums on orders proposed by those bodies,
is to apply in relation to neighbourhood development plans (subject to the modifications set out in section 38C(5) of this Act).
(4) A local planning authority to whom a proposal for the making of a neighbourhood development plan has been made—
(a) must make a neighbourhood development plan to which the proposal relates if in each applicable referendum under that Schedule (as so applied) more than half of those voting have voted in favour of the plan, and
(b) if paragraph (a) applies, must make the plan as soon as reasonably practicable after the referendum is held and, in any event, by such date as may be prescribed.
(5) If—
(a) there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61H of the principal Act), and
(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,
the authority may (but need not) make a neighbourhood development plan to which the proposal relates.
(6) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any assimilated obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
(7) Regulations made by the Secretary of State may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (6).
(8) The regulations may in particular make provision—
(a) for the holding of an examination,
(b) as to the payment by a local planning authority of remuneration and expenses of the examiner,
(c) as to the award of costs by the examiner,
(d) as to the giving of notice and publicity,
(e) as to the information and documents that are to be made available to the public,
(f) as to the making of reasonable charges for anything provided as a result of the regulations,
(g) as to consultation with and participation by the public, and
(h) as to the making and consideration of representations (including the time by which representations must be made).
(9) The authority must publish in such manner as may be prescribed—
(a) their decision to act under subsection (4) or (6),
(b) their reasons for making that decision, and
(c) such other matters relating to that decision as may be prescribed.
(10) The authority must send a copy of the matters required to be published to—
(a) the qualifying body that initiated the process for the making of the plan, and
(b) such other persons as may be prescribed.
(11) If a neighbourhood development plan is in force in relation to a neighbourhood area—
(a) a qualifying body may make a proposal for the existing plan to be replaced by a new one, and
(b) the process for the making of the replacement plan is the same as the process for the making of the existing plan.
(11A) Subsection (11) is subject to Schedule A2, which makes provision for the modification of a neighbourhood development plan.
(11B) Subsection (11C) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood development plan relates to more than one neighbourhood area.
(11C) The replacement of the plan by a new plan in relation to one or some of those areas does not affect the continuation in force of the plan in relation to the other area or areas.
(12) For the purposes of this section and section 38B —
“local planning authority” has the same meaning as it has in Part 2 (see section 15LF),
“neighbourhood area” has the meaning given by sections 61G and 61I(1) of the principal Act,
“prescribed” means prescribed by regulations made by the Secretary of State, and
“qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act.
38B Provision that may be made by neighbourhood development plans
(A1) A neighbourhood development plan may include—
(a) policies (however expressed) in relation to the amount, type and location of, and timetable for, development in the neighbourhood area in the period for which the plan has effect;
(b) other policies (however expressed) in relation to the use or development of land in the neighbourhood area which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area;
(c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under paragraph (a) or (b), would give rise;
(d) requirements with respect to design that relate to development, or development of a particular description, throughout the neighbourhood area, in any part of that area or at one or more specific sites in that area, which the qualifying body considers should be met for planning permission for the development to be granted.
(1) A neighbourhood development plan—
(a) must specify the period for which it is to have effect,
(b) may not include provision about development that is excluded development, and
(c) may not relate to more than one neighbourhood area.
(2) Only one neighbourhood development plan may be made for each neighbourhood area.
(2A) Subsections (1)(c) and (2) are subject to section 61G(6D) of the principal Act (as applied by section 38C(5A) of this Act).
(2B) So far as the qualifying body considers appropriate, having regard to the subject matter of the neighbourhood development plan, the plan must—
(a) be designed to secure that the development and use of land in the neighbourhood area contribute to the mitigation of, and adaptation to, climate change, and
(b) take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area, including in particular—
(i) the areas identified in the strategy as areas which—
(A) are, or could become, of particular importance for biodiversity, or
(B) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,
(ii) the priorities set out in the strategy for recovering or enhancing biodiversity, and
(iii) the proposals set out in the strategy as to potential measures relating to those priorities.
(2C) The neighbourhood development plan must not—
(a) include anything that is not permitted or required by or under subsections (A1) to (2A) or regulations under subsection (4), or
(b) be inconsistent with or (in substance) repeat any national development management policy.
(3) If to any extent a policy set out in a neighbourhood development plan conflicts with any other statement or information in the plan, the conflict must be resolved in favour of the policy.
(4) Regulations made by the Secretary of State may make provision—
(a) restricting the provision that may be included in neighbourhood development plans about the use of land,
(b) requiring or permitting neighbourhood development plans to include such matters as are prescribed in the regulations, and
(c) prescribing the form of neighbourhood development plans.
(5) A local planning authority must publish each neighbourhood development plan that they make in such manner as may be prescribed by regulations made by the Secretary of State.
(6) Section 61K of the principal Act (meaning of “excluded development”) is to apply for the purposes of subsection (1)(b).
(1) The following provisions of the principal Act are to apply in relation to neighbourhood development plans.
(2) The provisions to be applied are—
(a) section 61F (authorisation to act in relation to neighbourhood areas),
(b) section 61I(2) and (3) (neighbourhood areas in areas of two or more local planning authorities),
(c) section 61M (revocation or modification of neighbourhood development orders),
(d) section 61N (legal challenges),
(e) section 61O (guidance), and
(f) section 61P (provision as to the making of certain decisions by local planning authorities).
(2A) Section 61F of the principal Act is to apply in accordance with subsection (2) of this section as if—
(a) subsections (8)(a) and (8B) also referred to a proposal for the modification of a neighbourhood development plan,
(b) subsection (13)(b) also referred to a proposal for the modification of a neighbourhood development plan made by a neighbourhood forum, and
(c) subsection (13)(c) also referred to any duty of a local planning authority under paragraph 7, 8 or 9 of Schedule A2 to this Act.
(3) Section 61M of the principal Act is to apply in accordance with subsection (2) of this section as if
(a) the words “by order” (wherever occurring) were omitted , and
(b) the reference in subsection (4A) to a modification materially affecting any planning permission granted by the order were to a modification materially affecting the policies in the plan.
(4) Section 61N(1) of the principal Act is to apply in accordance with subsection (2) of this section as if the reference to section 61E(4) or (8) of that Act were a reference to section 38A(4) or (6) of this Act.
(5) Schedule 4B to the principal Act is to apply in accordance with 38A(3) of this Act with the following modifications—
(a) the reference to section 61E(8) of the principal Act is to be read as a reference to section 38A(6) of this Act,
(b) references to the provision made by or under sections 61E(2), 61J and 61L of the principal Act are to be read as references to the provision made by or under sections 38A and 38B of this Act,
(c) references to section 61L(2)(b) or (5) of the principal Act are to be disregarded, and
(d) paragraph 8 is to have effect as if—
(i) sub-paragraphs (2)(b) and (c) were omitted,
(ii) in sub-paragraph (2), for paragraph (ea) there were substituted—
(ea) the making of the neighbourhood development plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the neighbourhood development plan were not to be made,
, and
(iii) sub-paragraphs (3) to (5) were omitted.
(5A) Section 61G(6D) of the principal Act is to apply in relation to neighbourhood development plans as if it also provided that a modification under section 61G(6) of that Act of a designation of a neighbourhood area does not affect the continuation in force of a neighbourhood development plan even though, as a result of the modification, more than one plan has effect for the same area.
(6) Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations
(a) on proposals for neighbourhood development plans, or on neighbourhood development plans, that have already been made, or
(b) on proposals for the modification of neighbourhood development plans, or on modifications of neighbourhood development plans, that have already been made.
(7) The fact that the list of applied provisions includes section 61N(2) and (3) of the principal Act is not to affect the operation of section 20(2) of the Interpretation Act 1978 in relation to other references to enactments applied in accordance with this section.
(1) This section applies to any person who or body which exercises any function—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) under Part 2 of this Act in relation to a joint spatial development strategy, local plan, minerals and waste plan or supplementary plan;
(ba) under section 38A to 38C in relation to a neighbourhood development plan.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.
(2A) For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.
(3) For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by—
(a) the Secretary of State for the purposes of subsection (1)(b);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39A Power to require assistance with certain plan making
(1) Subsection (2) applies if a plan-making authority notifies a prescribed public body in writing that the authority requires the body, under this section, to assist the authority in relation to the preparation or revision of a relevant plan by the authority.
(2) The prescribed public body must do everything that the plan-making authority reasonably requires of the body to assist the authority in relation to the preparation or revision of the relevant plan.
(3) The Secretary of State may by regulations make provision as to—
(a) what a plan-making authority must, may or may not require a prescribed public body to do under subsection (2);
(b) the procedure to be followed in doing anything under this section;
(c) the determination of the time by or at which anything must be done under this section;
(d) the form and content of a notification under subsection (1) or of any other document or information provided under this section.
(4) A “plan-making authority” is a body which, or other person who, is to prepare or revise (whether acting alone or jointly) a relevant plan.
(5) Each of the following is a “relevant plan”—
(a) a local plan, a minerals and waste plan, a supplementary plan or policies map under Part 2;
(b) a spatial development strategy under Part 8 of the Greater London Authority Act 1999 or Part 2 of this Act;
(c) an infrastructure delivery strategy under Part 10A of the Planning Act 2008;
(d) a marine plan under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions.
(6) A “prescribed public body” is a body which, or other person who, is prescribed or of a prescribed description and certain of whose functions are of a public nature.
(7) References in this section to the preparation or revision of a relevant plan include any activities that could reasonably be considered to prepare the way for the preparation or revision of the plan.
(8) In this section—
“the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009;
“revision”, in relation to a relevant plan, includes any alteration, amendment, replacement or other modification (and related expressions are to be read accordingly).
(1) In the principal Act after section 61 (supplementary provision about development orders) there are inserted the following sections—
Local development orders
Local development orders
61A (1) A local planning authority may by order (a local development order) make provision to implement policies—
(a) in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);
(b) in a local development plan (within the meaning of Part 6 of that Act).
(2) A local development order may grant planning permission—
(a) for development specified in the order;
(b) for development of any class so specified.
(3) A local development order may relate to—
(a) all land in the area of the relevant authority;
(b) any part of that land;
(c) a site specified in the order.
(4) A local development order may make different provision for different descriptions of land.
(5) But a development order may specify any area or class of development in respect of which a local development order must not be made.
(6) A local planning authority may revoke a local development order at any time.
(7) Schedule 4A makes provision in connection with local development orders.
Intervention by Secretary of State or National Assembly
61B (1) At any time before a local development order is adopted by a local planning authority the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.
(2) If the appropriate authority gives a direction under subsection (1)—
(a) the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;
(b) the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.
(3) In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.
(4) It is immaterial whether any such matter was taken account of by the local planning authority.
(5) The appropriate authority—
(a) may approve or reject an order or part of an order submitted to it under subsection (1);
(b) must give reasons for its decision under paragraph (a).
(6) If the appropriate authority thinks that a local development order is unsatisfactory—
(a) it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;
(b) if it gives such a direction it must state its reasons for doing so.
(7) The local planning authority—
(a) must comply with the direction;
(b) must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.
(8) The appropriate authority—
(a) may at any time by order revoke a local development order if it thinks it is expedient to do so;
(b) must, if it revokes a local development order, state its reasons for doing so.
(9) Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.
(10) The appropriate authority is—
(a) the Secretary of State in relation to England;
(b) the National Assembly for Wales in relation to Wales.
Permission granted by local development order
61C (1) Planning permission granted by a local development order may be granted—
(a) unconditionally, or
(b) subject to such conditions or limitations as are specified in the order.
(2) If the permission is granted for development of a specified description the order may enable the local planning authority to direct that the permission does not apply in relation to—
(a) development in a particular area, or
(b) any particular development.
(2) 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 ”
(a) section 56(5)(a) (definition of material development);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l) section 279(1)(a)(i) (compensation for certain decisions and orders).
(3) Section 333 of the principal Act (regulations and orders) is amended as follows—
(a) in subsection (4) after “55(2)(f),” there is inserted “ 61A(5) ”;
(b) in subsection (5)(b) after “28,” there is inserted “ 61A(5) (unless it is made by the National Assembly for Wales), ”.
(4) Schedule 1 further amends the principal Act.
41 Effect of revision or revocation of development order on incomplete development
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—
Effect of revision or revocation of development order on incomplete development
61D (1) A development order or local development order may include provision permitting the completion of development if —
(a) planning permission is granted by the order in respect of the development, and
(b) the planning permission is withdrawn at a time after the development is started but before it is completed.
(2) Planning permission granted by a development order is withdrawn—
(a) if the order is revoked;
(b) if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c) by the issue of a direction under powers conferred by the order.
(3) Planning permission granted by a local development order is withdrawn—
(a) if the order is revoked under section 61A(6) or 61B(8);
(b) if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c) by the issue of a direction under powers conferred by the order.
(4) The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.
42 Applications for planning permission and certain consents
(1) In the principal Act for section 62 (form and content of applications for planning permission) there is substituted the following section—
Applications for planning permission
62 (1) A development order may make provision as to applications for planning permission made to a local planning authority.
(2) Provision referred to in subsection (1) includes provision as to—
(a) the form and manner in which the application must be made;
(b) particulars of such matters as are to be included in the application;
(c) documents or other materials as are to accompany the application.
(3) The local planning authority may require that an application for planning permission must include—
(a) such particulars as they think necessary;
(b) such evidence in support of anything in or relating to the application as they think necessary.
(4) But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1).
(5) A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified—
(a) a statement about the design principles and concepts that have been applied to the development;
(b) a statement about how issues relating to access to the development have been dealt with.
(6) The form and content of a statement mentioned in subsection (5) is such as is required by the development order.
(2) In section 73 of the principal Act (determination of applications to develop land without compliance with conditions previously attached) subsection (3) is omitted.
(3) In section 198 of that Act (tree preservation orders) after subsection (7) there is inserted—
(8) In relation to an application for consent under a tree preservation order the appropriate authority may by regulations make provision as to—
(a) the form and manner in which the application must be made;
(b) particulars of such matters as are to be included in the application;
(c) the documents or other materials as are to accompany the application.
(9) The appropriate authority is—
(a) the Secretary of State in relation to England;
(b) the National Assembly for Wales in relation to Wales,
and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.
(4) In section 220 of that Act (regulations controlling display of advertisements) after subsection (2) there is inserted the following subsection—
(2A) The regulations may also make provision as to—
(a) the form and manner in which an application for consent must be made;
(b) particulars of such matters as are to be included in the application;
(c) any documents or other materials which must accompany the application.
(5) In the principal Act before section 328 (settled land and land of universities and colleges) there is inserted the following section—
Applications: compliance with requirements
327A (1) This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—
(a) the form or manner in which the application must be made;
(b) the form or content of any document or other matter which accompanies the application.
(2) The local planning authority must not entertain such an application if it fails to comply with the requirement.
(6) 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.
(7) In section 10(3) of that Act for paragraph (a) there are substituted the following paragraphs—
(a) the form and manner in which such applications are to be made;
(aa) particulars of such matters as are to be included in such applications;
(ab) the documents or other materials as are to accompany such applications;
.
(8) In section 10 of that Act after subsection (3) there are inserted the following subsections—
(4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by such of the following as is prescribed—
(a) a statement about the design principles and concepts that have been applied to the works;
(b) a statement about how issues relating to access to the building have been dealt with.
(5) The form and content of a statement mentioned in subsection (4) is such as is prescribed.
(9) In section 89(1) of that Act (application of certain provisions of the principal Act) after the entry relating to section 323 there is inserted— “ section 327A (compliance with requirements relating to applications), ”.
(1) For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections—
Power to decline to determine subsequent application
70A (1) A local planning authority may decline to determine a relevant application if—
(a) any of the conditions in subsections (2) to (4) is satisfied, and
(b) the authority think there has been no significant change in the relevant considerations since the relevant event.
(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 76A or 77.
(3) The condition is that in that period the Secretary of State has dismissed an appeal—
(a) against the refusal of a similar application, or
(b) under section 78(2) in respect of a similar application.
(4) The condition is that—
(a) in that period the local planning authority have refused more than one similar application, and
(b) there has been no appeal to the Secretary of State against any such refusal.
(5) A relevant application is—
(a) an application for planning permission for the development of any land;
(b) an application for approval in pursuance of section 60(2).
(6) The relevant considerations are—
(a) the development plan so far as material to the application;
(b) any other material considerations.
(7) The relevant event is—
(a) for the purposes of subsections (2) and (4) the refusal of the similar application;
(b) for the purposes of subsection (3) the dismissal of the appeal.
(8) An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
Power to decline to determine overlapping application
70B (1) A local planning authority may decline to determine an application for planning permission for the development of any land which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.
(4) The condition is that a similar application—
(a) has been granted by the local planning authority,
(b) has been refused by them, or
(c) has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.
(5) An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
(6) The determination period is—
(a) the period prescribed by the development order for the determination of the application, or
(b) such longer period as the applicant and the authority have agreed for the determination of the application.
(2) In section 78(2)(aa) of that Act after “70A” there is inserted “ or 70B ”.
(3) After section 81 of the listed buildings Act (authorities with functions under the Act) there are inserted the following sections—
Power to decline to determine application
Power to decline to determine subsequent application
81A (1) A local planning authority may decline to determine an application for a relevant consent if—
(a) one or more of the conditions in subsections (2) to (4) is satisfied, and
(b) the authority think there has been no significant change in any material considerations since the relevant event.
(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 12.
(3) The condition is that in that period the Secretary of State has dismissed an appeal—
(a) against the refusal of a similar application, or
(b) under section 20(2) in respect of a similar application.
(4) The condition is that—
(a) in that period the local planning authority have refused more than one similar application, and
(b) there has been no appeal to the Secretary of State against any such refusal.
(5) Relevant consent is—
(a) listed building consent, or
(b) conservation area consent.
(6) The relevant event is—
(a) for the purposes of subsections (2) and (4) the refusal of the similar application;
(b) for the purposes of subsection (3) the dismissal of the appeal.
(7) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.
Power to decline to determine overlapping application
81B (1) A local planning authority may decline to determine an application for a relevant consent which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.
(4) The condition is that a similar application—
(a) has been granted by the local planning authority,
(b) has been refused by them, or
(c) has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.
(5) Relevant consent is—
(a) listed building consent, or
(b) conservation area consent.
(6) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(7) The determination period is—
(a) the period prescribed for the determination of the application, or
(b) such longer period as the applicant and the authority have agreed for the determination of the application.
(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.
(4) Section 20(2) of that Act (appeals) is amended as follows—
(a) for “neither” there is substituted “ done none of the following ”;
(b) after paragraph (a) for “nor” there is substituted—
(aa) given notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application;
.
(5) 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)—
Major infrastructure projects
76A (1) This section applies to—
(a) an application for planning permission;
(b) an application for the approval of a local planning authority required under a development order,
if the Secretary of State thinks that the development to which the application relates is of national or regional importance.
(2) The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.
(3) If the Secretary of State gives a direction under subsection (2) he may also direct that any application—
(a) under or for the purposes of the planning Acts, and
(b) which he thinks is connected with the application mentioned in subsection (1),
must also be referred to him instead of being dealt with by the local planning authority.
(4) If the Secretary of State gives a direction under this section—
(a) the application must be referred to him;
(b) he must appoint an inspector to consider the application.
(5) If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—
(a) be in such form and contain such matter as is prescribed by development order;
(b) be submitted to the Secretary of State in accordance with such provision as is so prescribed.
(6) For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.
(7) A direction under this section or section 76B may be varied or revoked by a subsequent direction.
(8) The decision of the Secretary of State on any application referred to him under this section is final.
(9) Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).
(10) The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—
(a) section 70;
(b) section 72(1) and (5);
(c) section 73;
(d) section 73A.
(11) A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.
(12) This section does not apply to an application which relates to the development of land in Wales.
Major infrastructure projects: inspectors
76B (1) This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).
(2) The Secretary of State may direct the lead inspector—
(a) to consider such matters relating to the application as are prescribed;
(b) to make recommendations to the Secretary of State on those matters.
(3) After considering any recommendations of the lead inspector the Secretary of State may—
(a) appoint such number of additional inspectors as he thinks appropriate;
(b) direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.
(4) An additional inspector must—
(a) comply with such directions as to procedural matters as the lead inspector gives;
(b) report to the lead inspector on the matters he is appointed to consider.
(5) A copy of directions given as mentioned in subsection (4)(a) must be given to—
(a) the person who made the application;
(b) the local planning authority;
(c) any other person who requests it.
(6) If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.
(7) In every case the lead inspector must report to the Secretary of State on—
(a) his consideration of the application;
(b) the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).
(8) The function of the lead inspector in pursuance of subsection (2)—
(a) may be exercised from time to time;
(b) includes making recommendations as to the number of additional inspectors required from time to time.
(9) The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.