Planning and Compulsory Purchase Act 2004

15 Local development scheme E+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 [F3 development plan document ] is to relate;

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

(d) which [F5 development 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 [F6 development plan documents ];

(g) such other matters as are prescribed.

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

(4) The Secretary of State [F8 or the Mayor of London ]may direct the local planning authority to make such amendments to the scheme as he thinks appropriate[F9 for the purpose of ensuring effective coverage of the authority's area by the development plan documents (taken as a whole) for that area ].

[F10 (4A) The Mayor of London—

(a) may give a direction under subsection (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) [F11 A direction under subsection (4)] must contain the Secretary of State’s[F12 , 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 (4).[F13 In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E). ]

[F14 (6A) If at any time the Mayor of London gives a direction under subsection (4)—

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

(b) [F15 effect 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 (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).]

[F16 (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[F17 or the Mayor of London ].[F18 In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F). ]

[F19 (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.

[F20 (8AA) A direction may be given under subsection (8)(b) only if the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring effective coverage of the authority's area by the development plan documents (taken as a whole) for that area.]

(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.

[F21 (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).]

[F22 (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

F1 S. 15(2)(a) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(a), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F2 S. 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)

F3 Words 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)

F4 S. 15(2)(c) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(d), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F5 Words 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)

F6 Words 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)

F7 S. 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)

F8 Words 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)

F9 Words in s. 15(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(3), 240(1)(h) (with s. 144)

F10 S. 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)

F11 Words 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)

F12 Words 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)

F13 Words 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)

F14 S. 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)

F15 Words in s. 15(6A)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(4), 240(1)(h) (with s. 144)

F16 S. 15(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(5), 240(1)(h) (with s. 144)

F17 Words 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)

F18 Words 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)

F19 S. 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)

F20 S. 15(8AA) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(6), 240(1)(h) (with s. 144)

F21 S. 15(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(7), 240(1)(h) (with s. 144)

F22 S. 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)

C1 Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))

C2 S. 15 applied (with modifications) (7.7.2005) by North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), arts. 1(2), 4(2)

C3 S. 15 applied (with modifications) (25.7.2008) by West Northamptonshire Joint Committee Order 2008 (S.I. 2008/1572), arts. 1, 4(2)

C4 S. 15 modified (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 22 (with regs. 1(2), 22(2))

C5 S. 15 applied (with modifications) (1.7.2009) by Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), arts. 1, 4(2)

C6 S. 15 applied (with modifications) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 3 para. 12

C7 S. 15 applied (with modifications) (5.7.2011) by The South East Lincolnshire Joint Strategic Planning Committee Order 2011 (S.I. 2011/1455), arts. 1, 4(2)

Commencement Information

I1 S. 15 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2 S. 15 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)