Levelling-up and Regeneration Act 2023

Planning and Compulsory Purchase Act 2004

18 For section 14 (survey of area: county councils) substitute—

“14 Survey of area: minerals and waste planning authorities and county councils

(1) A minerals and waste planning authority must keep under review the matters which may be expected to affect minerals and waste development in the relevant area or the planning of such development.

(2) Subsections (2) to (5) of section 13 apply for the purposes of subsection (1) as they apply for the purposes of that section and—

(a) references to the local planning authority must be construed as references to the minerals and waste planning authority,

(b) references to the area of the local planning authority must be construed as references to the relevant area, and

(c) references to the local planning authority for a neighbouring area must be construed as references to—

(i) in the case of a neighbouring area in England, the minerals and waste planning authority for that area, or

(ii) in the case of a neighbouring area in Wales, the local planning authority for that area for the purposes of Part 6.

(3) 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 their area such of the matters mentioned in section 13(1) to (4) as the Secretary of State prescribes or directs (as the case may be).

(4) For the purposes of subsection (3)—

(a) it is immaterial whether the matter relates to minerals and waste development;

(b) 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.

(5) 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).”