Words in Sch. 1 para. 1 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(2)
Sch. 1 para. 2 heading substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(3)
Sch. 1 para. 2A inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(4)
Words in Sch. 1 para. 2A substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(2)
Sch. 1 para. 3 heading substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(5)
Sch. 1 para. 3A inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(6)
Words in Sch. 1 para. 3A(1) substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(3)(a)
Words in Sch. 1 para. 3A(1) substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(3)(b)
Words in Sch. 1 para. 3A(2) substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(3)(b)
Sch. 1 para. 4(1A)(1B) inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(8)(a)
Words in Sch. 1 para. 4(1A) substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(4)(a)
Words in Sch. 1 para. 4(1A) substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(4)(b)
Words in Sch. 1 para. 4(1B) substituted (15.1.2018) by virtue of The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(4)(b)
Words in Sch. 1 para. 4(2) inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(8)(b)
Words in Sch. 1 para. 4(3) inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(7)
Words in Sch. 1 para. 5 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(7)
Words in Sch. 1 para. 6 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(9)(a)
Words in Sch. 1 para. 6 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(9)(b)
Words in Sch. 1 para. 6 substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(5)(a)
Words in Sch. 1 para. 6 substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(5)(b)
Words in Sch. 1 para. 7 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(7)
Words in Sch. 1 para. 7 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(10)(a)
Words in Sch. 1 para. 7 substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(6)
Words in Sch. 1 para. 7 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(10)(b)
Words in Sch. 1 para. 8 inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(7)
Words in Sch. 2 heading substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(2)
Sch. 2 para. 1 substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(3)
Word in Sch. 2 para. 1(1)(b) omitted (15.1.2018) by virtue of The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 11(a)
Sch. 2 para. 1(1)(c): full stop omitted (15.1.2018) by virtue of The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 11(b)
Word in Sch. 2 para. 1(1)(c) inserted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 11(b)
Sch. 2 para. 1(1)(d) inserted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 11(c)
Words in Sch. 2 para. 1(2) substituted (24.12.2020) by The Town and Country Planning (Local Planning, Development Management Procedure, Listed Buildings etc.) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1398), regs. 1(2), 3(3)
Words in Sch. 2 para. 2(1) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Words in Sch. 2 para. 2(2) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Words in Sch. 2 para. 2(3) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Words in Sch. 2 para. 2(4) inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(b)
Words in Sch. 2 para. 2(5) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(c)
Words in Sch. 2 para. 2(5) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Words in Sch. 2 para. 2(6) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Words in Sch. 2 para. 2(7) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Words in Sch. 2 para. 2(7) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(c)
Words in Sch. 2 para. 2(8) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Words in Sch. 2 para. 2(8) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(c)
Words in Sch. 2 para. 2(10) substituted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 10(4)(a)
Regulation 30
This Schedule applies where the Secretary of State gives a direction under section 21(4) of
The local planning authority must make a copy of the direction given under section 21(4) of the Act available in accordance with regulation 35.
Where the Secretary of State gives a direction under paragraph 8(5) of Schedule A1 to the Act, the Mayor of London
If the direction under section 21(4) of the Act is given before the local planning authority submit the local plan to the Secretary of State under section 20 of the Act, the local planning authority must—
unless they have already complied with section 19(5) of the Act, do so;
where they are a London borough council, unless they have made a request under section 24(4)(a) of the Act, make such a request;
before complying with paragraph (d)—
make a copy of each of the proposed submission documents and a statement of the representations procedure available in accordance with regulation 35;
ensure that a statement of the representations procedure and a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected, is sent to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under regulation 18(1) or this paragraph (as the case may be);
as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired send to the Secretary of State—
the sustainability appraisal report for the local plan;
a statement of the description referred to in regulation 22(1)(c);
copies of any representations made in accordance with sub-paragraph (2); and
such supporting documents as in the opinion of the local planning authority are relevant to the preparation of the local plan; and
as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired—
if the adoption or approval of any part of the local plan would result in changes to the adopted policies map, send a map showing those changes to the Secretary of State;
make available in accordance with regulation 35 a copy of the local plan and each of the documents referred to in paragraph (d); and
send to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under regulation 18(1), notification that those documents are available for inspection and of the places and times at which they can be inspected.
Any person may make representations to the local planning authority about a local plan made available pursuant to paragraph 3(1)(c) but they must be received by the local planning authority by the date specified in the statement of the representations procedure made available under that paragraph.
Nothing in paragraph 3(1)(c), (d) or (e) requires a local planning authority to take any steps if they have taken an equivalent step under regulation 19, 20 or 22 before receipt of the direction under section 21(4) of the Act.
The following modifications to regulation 17 apply for the purposes of this paragraph—
the definition of “proposed submission documents” and the definition of “statement of the representations procedure” is each to be treated as if “which the local planning authority propose to submit to the Secretary of State” were omitted;
paragraph (f) of the definition of “statement of the representations procedure” is to be treated as if—
sub-paragraph (i) were omitted; and
for the reference to the adoption of the local plan in sub-paragraph (iii) there were a reference to the Secretary of State's decision under section 21(9)(a) of the Act.
If the direction under paragraph 8(5) of Schedule A1 to the Act is given before the Mayor of London under paragraph 2(2),
unless they have already carried out an appraisal of the sustainability of the proposals in each development plan document, do so;
before complying with paragraph (c)—
provide a copy of each of the proposal documents and a statement of the representations procedure (both as defined in paragraph 2(10) of Schedule 2) to the local planning authority concerned who must make the documents and statement available in accordance with regulation 35;
provide a statement of the representations procedure and a statement of the fact that the proposal documents are available for inspection and of the places and times at which they can be inspected to the local planning authority concerned who must send both statements to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under paragraph 2(5)(b) of Schedule 2;
as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired send to the Secretary of State—
the sustainability appraisal report for the local plan;
the statement of the representations procedure;
copies of any representations made in accordance with sub-paragraph (2); and
such supporting documents as in the opinion of the Mayor of London
as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired—
if the adoption or approval of any part of the local plan would result in changes to the adopted policies map, send a map showing those changes to the Secretary of State;
provide a copy of the local plan and each of the documents referred to in paragraph (c) to the local planning authority concerned who must make the local plan and documents available in accordance with regulation 35; and
provide notification that those documents are available for inspection and of the places at times at which they can be inspected to the local planning authority concerned who must send the notification to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under paragraph 2(5)(b) of Schedule 2.
Any person may make representations to the Mayor of London
Where the Secretary of State proposes to make a decision under section 21(9)(a) of the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under section 20 of the Act, the Secretary of State must notify the local planning authority of that fact and provide a document containing the proposed changes and the reasons for them.
Where the Secretary of State proposes to make a decision under paragraph 8(6) of Schedule A1 to the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under paragraph 2(2)
Where the Mayor of London
As soon as reasonably practicable after receipt of notice under sub-paragraph (1)
make copies of the proposed changes, the reasons and a statement of the matters in sub-paragraph (3) available in accordance with regulation 35;
send copies of the proposed changes and the reasons to the bodies in sub-paragraph (4) and notify these bodies of the matters in sub-paragraph (3); and
make available in accordance with regulation 35 details of where the proposed changes and the reasons are available for inspection and the places and times at which they can be inspected.
The matters referred to in sub-paragraph (2) are—
the date by which representations on the proposed changes must be made (being not less than 6 weeks from the date on which the local planning authority complies with sub-paragraph (2));
the address to which representations must be sent; and
a statement that any representations made may be accompanied by a request to be notified of the Secretary of State's decision under section 21(9)(a) of
The bodies referred to in sub-paragraph (2)(b) are—
each of the specific consultation bodies to the extent that the Secretary of State thinks the proposed changes affect the body; and
such of the general consultation bodies as the Secretary of State considers appropriate.
Any person may make representations on the proposed changes made available pursuant to paragraph 4(2) of this Schedule.
Any such representations must be received at the address, and by the date, specified pursuant to paragraph 4(3) of this Schedule.
Before the Secretary of State approves, approves with specified modifications or rejects a local plan or part of it under section 21(9)(a) of
As soon as reasonably practicable after the Secretary of State publishes the recommendations of the independent examiner in accordance with section 21(6) of
make the recommendations and reasons of the person appointed to carry out the independent examination available in accordance with regulation 35; and
give notice to those persons who requested to be notified of the publication of those recommendations that they have been published.
As soon as reasonably practicable after the Secretary of State approves, approves subject to specified modifications or rejects a local plan or part of it in accordance with section 21(9)(a) of
make available in accordance with regulation 35—
the local plan and the reasons given by the Secretary of State pursuant to section 21(9)(b) of
a copy of the decision statement,
a statement of the fact that the local plan and a copy of the Secretary of State's reasons are available for inspection and the places where and times when the document and reasons can be inspected, and
send a copy of the decision statement to any person who has asked to be notified of the Secretary of State's decision under section 21(9)(a) of
This paragraph applies where—
the Secretary of State rejects a local plan under section 21(9)(a) of
the Secretary of State rejects part of a local plan under section 21(9)(a) of
The local planning authority must, as soon as reasonably practicable after the end of the period specified in sub-paragraph (3), cease to make available any documents relating to the local plan.
The period mentioned in sub-paragraph (2) is—
in the circumstances mentioned in sub-paragraph (1)(a), 3 months from the date of the Secretary of State's rejection of the local plan; or
in the circumstances mentioned in sub-paragraph (1)(b), 3 months from the date of the local planning authority's decision.
Regulation 31
This Schedule applies where—
the Secretary of State prepares a local plan under section 27 of the Act;
the Mayor of London prepares a local plan under paragraph 1 of Schedule A1 to the Act;
a combined authority prepares a local plan under paragraph 5 of Schedule A1 to the Act
an upper-tier county council prepares a local plan under paragraph 7B of Schedule A1 to the Act.
In this Schedule, “the relevant authority” means a person or body which prepares a local plan in the circumstances mentioned in sub-paragraph (1)(a), (b)
The
the duty imposed on the local planning authority were imposed on the
references in section 19(2)(b) to (h) to the local planning authority (in whatever terms) were references to the local planning authority in question; and
section 19(2)(j) referred to the matters prescribed under regulation 10, treating the references to the local planning authority (in whatever terms) in regulation 10 as references to the local planning authority in question.
The
The
Before holding an independent examination of the local plan under
notify each of the bodies or persons specified in sub-paragraph (6) of the subject of the local plan which the
invite each of them to make representations to the
take into account any representation made to the
make a copy of each of the proposal documents and a statement of the representations procedure available during normal office hours, at such places as the
ensure that a statement of the representations procedure and a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected, is sent to each of the bodies or persons which are invited to make representations under paragraph (b).
The bodies or persons referred to in sub-paragraph (5)(a) are—
such of the specific consultation bodies (in relation to the area of the local planning authority in question) as the
such of the general consultation bodies (in relation to the area of the local planning authority in question) as the
such residents or other persons carrying on business in the area of the local planning authority in question from which the
Where the
Where the
make the matters mentioned in sub-paragraph (9) available in accordance with regulation 35; and
notify any body or person who has made a representation in accordance with sub-paragraph (5) and not withdrawn that representation, of those matters.
The matters referred to in sub-paragraph (8) are—
the date, time and place at which the hearing is to be held, and
the name of the person appointed to carry out the independent examination.
For the purposes of this paragraph—
“
the local plan for which the
if the approval of the local plan would result in changes to the adopted policies map, a map showing how the adopted policies map of the local planning authority would be amended by the local plan, if it were approved;
the sustainability appraisal report of the local plan prepared in accordance with section 19(5) of the Act (as modified by sub-paragraph (3));
a statement setting out—
which bodies and persons were invited to make representations under sub-paragraph (5)(b);
how those bodies and persons were invited to make such representations;
a summary of the main issues raised by those representations; and
how those main issues have been addressed in the local plan; and
such supporting documents as in the opinion of the
“
the title of the local plan for which the
the subject matter of, and the area covered by, the local plan;
the date by which representations about the local plan must be received, by the
the address to which representations about that document must be made;
that representations may be made in writing or by way of electronic communications; and
that representations may be accompanied by a request to be notified at a specified address of any of the following—
the publication of the recommendations of the person appointed to carry out an independent examination of the local plan, and
the adoption of the local plan.