Planning and Compulsory Purchase Act 2004

17 Local development documents E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F2 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) [F3 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.

[F4 (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—

[F5 (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.

[F6 (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.]

[F7 (e) is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.]

Textual Amendments

F1 S. 17(1)(2) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(a), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F2 Words in s. 17(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F3 Words in s. 17(4) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F4 S. 17(6A)-(6C) inserted (27.4.2017 for specified purposes, 19.7.2017 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 12, 46(3); S.I. 2017/767, reg. 2(d)

F5 S. 17(7)(za) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(d), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F6 S. 17(8)(c)(d) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 147(3), 216(3); S.I. 2016/733, reg. 4(1)(e)

F7 S. 17(8)(e) inserted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 9; S.I. 2018/38, reg. 2(c)

Modifications etc. (not altering text)

C1 S. 17(3) modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 39(1)(a) (with reg. 125)

Commencement Information

I1 S. 17 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2 S. 17 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)