Planning and Compulsory Purchase Act 2004

Development schemesE+W

15Local development schemeE+W

(1)The local planning authority must prepare and maintain a scheme to be known as their local development scheme.

(2)The scheme must specify—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(aa)the local development documents which are to be development plan documents;]

(b)the subject matter and geographical area to which each [F3development plan document] is to relate;

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)which [F5development plan documents] (if any) are to be prepared jointly with one or more other local planning authorities;

(e)any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 29;

(f)the timetable for the preparation and revision of the [F6development plan documents];

(g)such other matters as are prescribed.

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(3A)If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may—

(a)prepare a local development scheme for the authority, and

(b)direct the authority to bring that scheme into effect.]

(4)The Secretary of State [F9or the Mayor of London] may direct the local planning authority to make such amendments to the scheme as he thinks appropriate [F10for the purpose of ensuring [F11full and effective coverage (both geographically and with regard to subject matter)] of the authority's area by the development plan documents (taken as a whole) for that area].

[F12(4A)The Mayor of London—

(a)may give a direction under subsection [F13(3A) or] (4) only if the local planning authority are a London borough, and

(b)in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State.]

(5)[F14A direction under subsection [F15(3A) or] (4)] must contain the Secretary of State’s [F16, or (as the case may be) the Mayor of London's,] reasons for giving it.

(6)The local planning authority must comply with a direction given under subsection [F17(3A) or] (4). [F18In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E).]

[F19(6A)If at any time the Mayor of London gives a direction under subsection [F20(3A) or] (4)—

(a)he must at that time send a copy of the direction to the Secretary of State, and

(b)[F21effect is not to be given to the direction] until such time as may be prescribed.

(6B)The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

(a)to disregard a direction given under subsection [F22(3A) or] (4) by the Mayor of London, or

(b)to give effect to the direction with such modifications as may be specified in the Secretary of State's direction.

(6C)Such a direction must contain the Secretary of State's reasons for giving it.

(6D)If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(6E)The local planning authority must comply with any direction given by the Secretary of State under subsection (6B).]

[F23(7)To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect.]

(8)The local planning authority must revise their local development scheme—

(a)at such time as they consider appropriate;

(b)when directed to do so by the Secretary of State [F24or the Mayor of London]. [F25In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F).]

[F26(8A)The Mayor of London—

(a)may give a direction under subsection (8) only if the local planning authority are a London borough, and

(b)in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State.

[F27(8AA)A direction may be given under subsection (8)(b) only if [F28—

(a)]the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring [F29full and effective coverage (both geographically and with regard to subject matter)] of the authority's area by the development plan documents (taken as a whole) for that area.

[F30, or

(b)the Secretary of State has published data standards under section 36(3) which apply to the local development scheme and the person giving the direction thinks that the scheme should be revised so that it complies with the standards.]]

(8B)If at any time the Mayor of London gives a direction under subsection (8)(b)—

(a)he must at that time send a copy of the direction to the Secretary of State, and

(b)the scheme is not to be revised until such time as may be prescribed.

(8C)The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London.

(8D)Such a direction must contain the Secretary of State's reasons for giving it.

(8E)If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(8F)The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).]

(9)Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.

[F31(9A)The local planning authority must make the following available to the public—

(a)the up-to-date text of the scheme,

(b)a copy of any amendments made to the scheme, and

(c)up-to-date information showing the state of the authority's compliance (or non-compliance) with the timetable mentioned in subsection (2)(f).]

[F32(10)Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.]

Textual Amendments

F2S. 15(2)(aa) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F3Words in s. 15(2)(b) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F5Words in s. 15(2)(d) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F6Words in s. 15(2)(f) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F7S. 15(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(2), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

F9Words in s. 15(4) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(4), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F10Words in s. 15(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(3), 240(1)(h) (with s. 144)

F11Words in s. 15(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F12S. 15(4A) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(5), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F13Words in s. 15(4A)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F14Words in s. 15(5) substituted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F16Words in s. 15(5) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F18Words in s. 15(6) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(7), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F19S. 15(6A)-(6E) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(8), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F21Words in s. 15(6A)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(4), 240(1)(h) (with s. 144)

F22Words in s. 15(6B)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F23S. 15(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(5), 240(1)(h) (with s. 144)

F24Words in s. 15(8)(b) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F25Words in s. 15(8) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F26S. 15(8A)-(8F) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(10), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F27S. 15(8AA) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(6), 240(1)(h) (with s. 144)

F29Words in s. 15(8AA) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F31S. 15(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(7), 240(1)(h) (with s. 144)

F32S. 15(10) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(11), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

Modifications etc. (not altering text)

C2S. 15 applied (with modifications) (7.7.2005) by North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), arts. 1(2), 4(2)

C3S. 15 applied (with modifications) (25.7.2008) by West Northamptonshire Joint Committee Order 2008 (S.I. 2008/1572), arts. 1, 4(2)

C5S. 15 applied (with modifications) (1.7.2009) by Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), arts. 1, 4(2)

Commencement Information

I1S. 15 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2S. 15 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

16Minerals and waste development schemeE+W

(1)A county council in respect of any part of their area for which there is a district council must prepare and maintain a scheme to be known as their minerals and waste development scheme.

(2)Section 15 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals and waste development scheme as it applies in relation to a local development scheme.

(3)This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose—

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

(b)references to a local planning authority include references to a county council.

(4)But subsection (3) does not apply to—

(a)section 17(3);

(b)section 24(1)(b), (4) and (7);

(c)the references in section 24(5) to subsection (4) and the Mayor;

(d)sections 29 to 31.

[F33(5)Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).]

Textual Amendments

F33S. 16(5) inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 110(2), 240(5)(i) (with s. 144)

Commencement Information

I3S. 16 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I4S. 16 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)