Planning Act 2008

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 9, Chapter 2: Other changes to existing planning regimes

Section 180: Local development documents

287. Section 180 amends the Planning and Compulsory Purchase Act 2004 (referred to in these notes as “PCPA 2004”) with regard to supplementary planning documents and statements of community involvement. In these notes on this section, “supplementary planning document” means a document that for the purposes of PCPA 2004 is a local development document but is not a development plan document.

288. Subsection (2) provides for amendments such that local planning authorities will no longer need to list supplementary planning documents in their local development schemes. Subsection (5)(a) removes the requirement for supplementary planning documents to be produced in accordance with the local development scheme. The result will be that supplementary planning documents can be produced by local planning authorities without the agreement of the Secretary of State although they will continue to have the status of local development documents (and the Secretary of State will still be able to require pre-adoption modification of supplementary planning documents that the Secretary of State considers unsatisfactory). Subsection (5)(d) removes the requirement to carry out and report on a sustainability appraisal of the proposals in a supplementary planning document.

289. Subsection (3)(a) removes the requirement for the statement of community involvement to be specified in the local development scheme and subsection (4)(c) removes the requirement for an independent examination of the statement of community involvement.