The Town and Country Planning (Local Development) (England) Regulations 2004 (revoked)

PART 6 E+W DEVELOPMENT PLAN DOCUMENTS

[F1 Application and interpretation of Part 6 E+W

24.—F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Part—

“adoption statement” means—

(a)

in relation to a DPD, a statement specifying—

(i)

the date on which the DPD was adopted,

(ii)

that any person aggrieved by the DPD may make an application to the High Court under section 113, and

(iii)

the grounds on which, and the time within which, such an application may be made; and

(b)

F3 ...

(i)

(ii)

(iii)

“decision statement” means—

(a)

a statement that the Secretary of State has decided to approve, approve subject to modifications, or reject the DPD or part of it (as the case may be),

(b)

where the Secretary of State decides to approve or approve subject to modifications the DPD or part of it, a statement—

(i)

of the date on which it was approved,

(ii)

that an application to the High Court may be made under section 113 by any person aggrieved by the DPD, and

(iii)

of the grounds on which, and the time within which, such an application may be made;

“proposed submission documents” means—

(a)

in relation to a DPD, the following documents—

(i)

the DPD which the local planning authority propose to submit to the Secretary of State,

(ii)

if the adoption of the DPD would result in changes to the adopted proposals map, a map showing those changes,

(iii)

the sustainability appraisal report of the DPD,

(iv)

a statement setting out—

(aa)

which bodies and persons were invited to make representations under regulation 25,

(bb)

how those bodies and persons were invited to make such representations,

(cc)

a summary of the main issues raised by those representations, and

(dd)

how those main issues have been addressed in the DPD, and

(v)

such supporting documents as in the opinion of the local planning authority are relevant to the preparation of the DPD; and

(b)

F4 ...

(i)

(ii)

(aa)

(bb)

(cc)

(dd)

(iii)

[F5 “statement of the representations procedure” means a statement specifying―

(a)

the title of the DPD which the local planning authority propose to submit to the Secretary of State;

(b)

the subject-matter of, and the area covered by, that document;

(c)

the period within which representations about that document must be made in accordance with regulation 28(2);

(d)

the address to which, and the name of the person (if any) to whom, representations about that document must be made in accordance with regulation 28(2);

(e)

that representations may be made in writing or by way of electronic communications; and

(f)

that representations may be accompanied by a request to be notified at a specified address of any of the following―

(i)

that the DPD has been submitted for independent examination under section 20,

(ii)

the publication of the recommendations of any person appointed to carry out an independent examination of the DPD, and

(iii)

the adoption of the DPD.]

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

F2 Reg. 24(1) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(7)(a)

F3 Words in reg. 24(2) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(7)(b)(i)

F4 Words in reg. 24(2) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(7)(b)(ii)

F5 Words in reg. 24(2) substituted (6.4.2009) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(7)(b)(iii)

Public participation in the preparation of a development plan document E+W

25.— (1) A local planning authority must—

(a) notify each of the bodies specified in paragraph (2) of the subject of a DPD which they propose to prepare; and

(b) invite each of those bodies to make representations to them about what a DPD with that subject ought to contain.

(2) The bodies referred to in paragraph (1) are—

(a) such of the specific consultation bodies as the local planning authority consider may have an interest in the subject of the proposed DPD; and

(b) such of the general consultation bodies as the local planning authority consider appropriate.

(3) If a local planning authority propose to prepare a DPD, they must also consider whether it is appropriate to invite representations from persons who are resident or carrying on business in their area.

(4) If a local planning authority decide that it is appropriate to invite representations under paragraph (3) they must make arrangements for the purposes of inviting representation from such persons of the descriptions in paragraph (3) as they think appropriate.

(5) In preparing the DPD, the local planning authority must take into account any representations made to them in response to invitations under paragraph (1) or (4).

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

Public participation in the preparation of a statement of community involvement E+W

26.— (1) Before preparing a statement of community involvement, a local planning authority must—

(a) notify each of the bodies and persons specified in paragraph (2) of their intention to do so; and

(b) invite each of those bodies and persons to make representations about what the contents of the statement might be.

(2) The bodies and persons referred to in paragraph (1) are—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) each relevant authority any part of whose area is in or adjoins the area of the local planning authority;

(c) such of the general consultation bodies as the local planning authority consider appropriate;

(d) if the local planning authority’s area is in a region other than Greater London, the [F7 responsible regional authority] for that region; and

(e) if the local planning authority’s area is in Greater London, the Mayor of London.

(3) Before preparing a statement of community involvement, a local planning authority must also consider whether it is appropriate to invite representations from persons who are resident or carrying on business in their area.

(4) If a local planning authority decide that it is appropriate to invite representations under paragraph (3), they must make such arrangements for the purposes of inviting representations from such persons of the descriptions in paragraph (3) as they think appropriate.

(5) In preparing the statement of community involvement, the local planning authority must take into account any representations made to them in response to invitations under paragraph (1) or (4).

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

F6 Reg. 26(2)(a) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(8)

F7 Words in reg. 26(2)(d) substituted (1.4.2010) by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(6)

Publication of a development plan document E+W

27.   Before submitting a DPD to the Secretary of State under section 20, the local planning authority must—

(a) make a copy of each of the proposed submission documents and a statement of the representations procedure available for inspection during normal office hours—

(i) at their principal office, and

(ii) at such other places within their area as they consider appropriate;

(b) publish on their website—

(i) the proposed submission documents,

(ii) a statement of the representations procedure, and

(iii) 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;

(c) send to each of the specific consultation bodies invited to make representations under regulation 25(1)F8 ... for the purposes of the DPD—

(i) a copy of each of the proposed submission documents, and

(ii) a statement of the representations procedure;

(d) send to each of the general consultation bodies invited to make representations under regulation 25(1)F9 ... for the purposes of the DPD—

(i) a statement of the representations procedure, and

(ii) 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; and

(e) give by local advertisement notice which sets out—

(i) a statement of the representations procedure, and

(ii) 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.

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

F8 Words in reg. 27(c) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(9)(a)

F9 Words in reg. 27(d) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(9)(b)

Representations relating to a development plan document E+W

28.— (1) Any person may make representations about a DPD which a local planning authority propose to submit to the Secretary of State.

(2) Any such representations must be—

(a) made within the period which the local planning authority specify for the purposes of this paragraph; and

(b) sent to the address, and if the local planning authority think it appropriate to specify a person, the person, which the local planning authority specify for the purposes of this paragraph.

(3) The period which the local planning authority specify for the purposes of paragraph (2) must be a period of not less than six weeks starting on the day on which notice given pursuant to regulation 27(e) is first published.

(4) Nothing in this regulation applies to representations taken to have been made as mentioned in section 24 F10 ... (7) (non-conformity opinions of F10 ... the Mayor of London).

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

F10 Words in reg. 28(4) omitted (1.4.2010) by virtue of The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(7)

Conformity with regional strategy E+W

29.— (1) A local planning authority must make a request under section 24 F11 ... (4)(a) on the same day that they comply with regulation 27(a).

F12 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a request is made under section 24(4)(a), the Mayor must send his opinion as to the general conformity of the DPD with the spatial development strategy to the Secretary of State and the local planning authority within the period of 6 weeks starting on the day the request is made.

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

F11 Words in reg. 29(1) omitted (1.4.2010) by virtue of The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(8)

F12 Reg. 29(2) omitted (1.4.2010) by virtue of The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(9)

Submission of documents and information to the Secretary of State E+W

30.— (1) The documents prescribed for the purposes of section 20(3) are—

(a) F13 ...the sustainability appraisal report for the DPD;

(b) F14 ...a submission proposals map if the adoption of the DPD would result in changes to the adopted proposals map;

F15 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a statement setting out—

(i) which bodies and persons the local planning authority invited to make representations under regulation 25F16 ...,

(ii) how those bodies and persons were invited to make representations under [F17 regulation 25],

(iii) a summary of the main issues raised by the representations made pursuant to [F17 regulation 25], and

(iv) how any representations made pursuant to [F17 regulation 25] have been taken into account;

(e) a statement setting out—

(i) if representations were made in accordance with regulation 28(2), the number of representations made and a summary of the main issues raised in those representations, or

(ii) that no such representations were made;

(f) copies of any representations made in accordance with regulation 28(2); and

(g) such supporting documents as in the opinion of the authority are relevant to the preparation of the DPD.

(2) Of the documents and statements mentioned or referred to in paragraph (1)—

(a) a copy of each must be sent in paper form,

(b) a copy of those mentioned or referred to in paragraph (1)(a) to (e) and, if practicable, of those referred to in paragraph (1)(f) and (g), must be sent electronically.

(3) As soon as reasonably practicable after a local planning authority submit a DPD to the Secretary of State they must—

(a) make available during normal office hours at the places at which the proposed submission documents were made available under regulation 27(a), a copy of the DPD and of each of the documents referred to in paragraph (1)(a) to (g).

(b) publish on their website—

(i) the DPD and the documents referred to in paragraph (1)(a), (b), (d), and (e),

(ii) any of the documents referred to in paragraph (1)(f) and (g) which it is practicable to so publish, and

(iii) a statement of the fact that a copy of the DPD and of each of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected;

(c) send to each of the specific consultation bodies invited to make representations under regulation 25(1)F18 ...—

(i) a copy of the DPD and each of the documents referred to in paragraph (1)(a) to (e),

(ii) a copy of such of the documents referred to in paragraph (1)(g) as they consider are relevant to that body, and

(iii) a statement of the fact that a copy of the DPD and each of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected;

(d) send to each of the general consultation bodies invited to make representations under regulation 25(1)F19 ..., notification that copies of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected;

(e) give notice by local advertisement of—

(i) the title of the DPD,

(ii) the subject matter of, and the area covered by, the DPD,

(iii) the fact that a copy of the DPD and of each of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected; and

(f) give notice to those persons who requested to be notified of the submission of the DPD to the Secretary of State that it has been so submitted.

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

F13 Words in reg. 30(1)(a) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(10)(a)

F14 Words in reg. 30(1)(b) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(10)(a)

F15 Reg. 30(1)(c) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(10)(b)

F16 Words in reg. 30(1)(d) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(10)(c)(i)

F17 Words in reg. 30(1)(d) substituted (6.4.2009) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(10)(c)(ii)

F18 Words in reg. 30(3)(c) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(10)(d)

F19 Words in reg. 30(3)(d) omitted (6.4.2009) by virtue of The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009 (S.I. 2009/401), regs. 1(1), 2(10)(e)

Consideration of representations by appointed person E+W

31.   Before the person appointed to carry out the examination complies with section 20(7) he must consider any representations made in accordance with regulation 28(2).]

Textual Amendments

F1 Regs. 24-31 substituted for regs. 24-33 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(10) (with reg. 3)

Independent examination E+W

34.—(1) This regulation applies where a person requests the opportunity to appear before and be heard by the person carrying out the examination under section 20.

(2) At least 6 weeks before the opening of an independent examination the local planning authority must–

(a) publish the matters mentioned in paragraph (3) on their website;

(b) notify any person who has made a representation in accordance with [F20 regulation 28(2)], and not withdrawn that representation, of those matters; and

(c) give notice by local advertisement of those matters.

(3) The matters referred to in paragraph (2) are–

(a) the time and place at which the examination is to be held, and

(b) the name of the person appointed to carry out the examination.

Textual Amendments

F20 Words in reg. 34(2)(b) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(11) (with reg. 3)

Publication of the recommendations of the person appointed E+W

35.—(1) The local planning authority must comply with section 20(8)–

(a) as soon as reasonably practicable after the day on which the DPD is adopted, or

(b) if the Secretary of State gives a direction under section 21(1) or (4) after the person appointed has complied with section 20(7), as soon as reasonably practicable after receipt of the direction.

(2) When the local planning authority comply with section 20(8) they must–

(a) make the recommendations of the person appointed and his reasons for those recommendations available for inspection during normal office hours at the places at which the [F21 proposed submission] documents were made available under [F22 regulation 27(a)];

(b) publish the recommendations and reasons on their website: and

(c) give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.

Textual Amendments

F21 Words in reg. 35(2)(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(12)(a) (with reg. 3)

F22 Words in reg. 35(2)(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(12)(b) (with reg. 3)

Adoption of a development plan document E+W

36.  As soon as reasonably practicable after the local planning authority adopt a DPD they must–

(a) make available for inspection during normal office hours at the places at which the [F23 proposed submission] documents were made available under [F24 regulation 27(a)]–

(i) the DPD,

(ii) an adoption statement, and

(iii) the sustainability appraisal report;

(b) publish the adoption statement on their website;

(c) give notice by local advertisement of–

(i) the adoption statement,

(ii) the fact that the DPD is available for inspection and the places and times at which the document can be inspected,

(d) send the adoption statement to any person who has asked to be notified of the adoption of the DPD; and

(e) send the DPD and the adoption statement to the Secretary of State.

Textual Amendments

F23 Words in reg. 36(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(13)(a) (with reg. 3)

F24 Words in reg. 36(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(13)(b) (with reg. 3)

[F25 Withdrawal of a development plan document E+W

37.— (1) Where a local planning authority withdraw a DPD under section 22(1) before it is submitted to the Secretary of State under section 20(1), they must as soon as reasonably practicable after it is withdrawn—

(a) publish a statement of that fact on their website;

(b) give notice of that fact by local advertisement;

(c) notify any body to which a copy of the proposed submission documents were provided under regulation 27(c); and

(d) remove from their website and from the places at which they were made available, any copies, documents, matters and statements made available or published under regulation 27(a) or (b).

(2) Where a local planning authority withdraw a DPD under section 22(1) after it has been submitted to the Secretary of State under section 20(1), they must as soon as reasonably practicable after it is withdrawn—

(a) do each of the things specified in paragraphs (a) to (d) of paragraph (1); and

(b) remove from their website and from the places at which they were made available, any copies, documents, representations, matters and statements made available or published under regulation 30(3)(a), (3)(b) or 34(2)(a).]

Textual Amendments

F25 Reg. 37 substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(14) (with reg. 3)

Direction not to adopt a development plan document E+W

38.—(1) Where, in relation to a DPD, the person appointed to carry out an examination under section 20 has complied with subsection (7) of that section, the Secretary of State may at any time direct the local planning authority not to adopt that DPD until he has decided whether to give a direction under section 21(1) or (4).

(2) If the Secretary of State gives such a direction the authority must–

(a) make the direction available for inspection during normal office hours at the places at which the [F26 proposed submission] documents were made available under [F27 regulation 27(a)],

(b) publish the direction on their website,

(c) not adopt the DPD until the Secretary of State has notified them of his decision under paragraph (1).

Textual Amendments

F26 Words in reg. 38(2)(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(15)(a) (with reg. 3)

F27 Words in reg. 38(2)(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(15)(b) (with reg. 3)

Direction to modify a development plan document E+W

39.  If the Secretary of State gives a direction under section 21(1) in respect of a DPD, the local planning authority must–

[F28 (a) make the direction available for inspection during normal office hours—

(i) at their principal office, and

(ii) at such other places within their area as they consider appropriate;]

(b) publish the direction on their website; and

(c) at the time they comply with regulation 36 publish and make available for inspection in accordance with that regulation–

(i) a statement that the Secretary of State has withdrawn the direction, or

(ii) the Secretary of State’s notice under section 21(2)(b).

Textual Amendments

F28 Reg. 39(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(16) (with reg. 3)

[F29 Section 21(4) directions (call-in): supplementary E+W

40.— (1) Where the Secretary of State gives a direction under section 21(4), this regulation, regulation 29(2) and (3) and regulations 41 to 44A apply, and regulations 31 and 34 apply as if for “regulation 28(2)” there were substituted “regulation 28(2) or regulation 40(4)”.

(2) If the direction is given before the local planning authority submit to the Secretary of State the DPD to which the direction relates, the local planning authority must—

(a) if they have not complied with regulation 27, publish the direction and make it available for inspection—

(i) when they comply with paragraph (3)(a) of this regulation, and

(ii) in accordance with paragraphs (a) and (b) of regulation 27;

(b) if the direction is given after the authority have complied with regulation 27—

(i) make the direction available for inspection during normal office hours at the places at which the proposed submission documents were made available under regulation 27(a), and

(ii) publish the direction on their website;

(c) unless they have already complied with section 19(5) in relation to the DPD, do so;

(d) unless they have made a request under section 24F30 ...(4)(a) in relation to the DPD—

F31 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) if they are a London borough council, make a request under section 24(4)(a) in relation to the DPD; and

(e) subject to paragraph (5), take the steps mentioned in paragraph (3) as if they were preparing the DPD.

(3) The local planning authority must—

(a) comply with paragraphs (a) to (e) of regulation 27, for this purpose treating the following provisions of regulation 24(2) as modified as mentioned in sub-paragraphs (i) to (v) below—

(i) in the first definition of “proposed submission documents” and in the definition of “statement of the representations procedure”, omit “which the local planning authority propose to submit to the Secretary of State”,

(ii) in paragraph (a)(ii) of the first definition of “proposed submission documents”, for “if the adoption of the DPD” substitute “if the adoption or approval of any part of the DPD”,

(iii) in paragraph (c) of the definition of “statement of the representations procedure”, for “regulation 28(2)” substitute “regulation 40(4)”,

(iv) in paragraph (d) of that definition, for “regulation 28(2)” substitute “regulation 40(4)”,

(v) in paragraph (f) of that definition, omit sub-paragraph (i), and in sub-paragraph (iii), for “the adoption of the DPD or the statement of community involvement (as the case may be)” substitute “the Secretary of State’s decision under section 21(9)(a) in relation to the DPD”; and

(b) as soon as reasonably practicable after the period specified for the purposes of paragraph (4) has expired—

(i) send to the Secretary of State the documents mentioned in regulation 30(1)(a) and (c) to (g), for this purpose treating references to regulation 28(2) as including references to paragraph (4) of this regulation,

(ii) if the adoption or approval of any part of the DPD would result in changes to the adopted proposals map, send to the Secretary of State a map showing those changes, and

(iii) comply with regulation 30(3)(a) to (e), for this purpose treating references to paragraph (1)(b) of regulation 30 as references to paragraph (3)(b)(ii) of this regulation and references to sub-paragraph (e) or (f) of regulation 30(1) as references to those sub-paragraphs as modified by paragraph (3)(b)(i) of this regulation.

(4) Any person may make representations about a DPD made available under regulation 27 or that regulation as modified by paragraph (3)(a) but any such representations must—

(a) be made within the period which the local planning authority specify for the purposes of regulation 28(2) or this paragraph (as the case may be); and

(b) be sent to the address and, if the local planning authority think it appropriate to specify a person, the person, which the local planning authority specify for the purposes of regulation 28(2) or this paragraph (as the case may be).

(5) Nothing in paragraph (2)(e) requires a local planning authority to take any step mentioned in paragraph (3) if an equivalent step has been taken under regulation 27, 28 or 30 before receipt of the direction.

(6) Of the documents and statements which a local planning authority are required to send to the Secretary of State under paragraph (3)(b)—

(a) a copy of each must be sent in paper form;

(b) a copy of those mentioned in regulation 30(1)(a), (c) and (d), regulation 30(1)(e) (as modified by paragraph (3)(b) of this regulation), and paragraph (3)(b)(ii) of this regulation must be sent electronically; and

(c) if practicable, a copy of the others must be sent electronically.]

Textual Amendments

F29 Reg. 40 substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(17) (with reg. 3)

F30 Words in reg. 40(2)(d) omitted (1.4.2010) by virtue of The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(10)

F31 Reg. 40(2)(d)(i) omitted (1.4.2010) by virtue of The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(11)

Changes proposed by the Secretary of State to development plan documents (call-in) E+W

41.—(1) If the Secretary of State proposes to depart from the recommendations of the person appointed to carry out an examination under section 20 [F32 or 21(5)(b)], he must publish–

(a) the changes he proposes to make, and

(b) his reasons for doing so.

(2) As soon as reasonably practicable after the Secretary of State complies with paragraph (1) the local planning authority must–

(a) make copies of the changes and reasons and a statement of the matters in paragraph (3) available for inspection during normal office hours at the places at which the [F33 proposed submission] documents were made available under [F34 regulation 27(a)];

(b) publish on their website–

(i) the changes and reasons,

(ii) the matters in paragraph (3),

(iii) a statement of the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected;

(c) send copies of the changes and reasons to the bodies in paragraph (4) and notify these bodies of the matters in paragraph (3); and

(d) give notice by local advertisement of–

(i) the matters in paragraph (3),

(ii) the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected.

(3) The matters referred to in paragraph (2) are–

(a) the period within which representations on the changes must be made;

(b) the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent; and

(c) a statement that any representations made may be accompanied by a request to be notified at a specified address of the Secretary of State’s decision under section 21(9)(a).

(4) The bodies referred to in paragraph (2)(c) are–

(a) each of the specific consultation bodies to the extent that the Secretary of State thinks the changes affect the body; and

(b) such of the general consultation bodies as the Secretary of State considers appropriate.

Textual Amendments

F32 Words in reg. 41(1) inserted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(18)(a) (with reg. 3)

F33 Words in reg. 41(2)(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(18)(b)(i) (with reg. 3)

F34 Words in reg. 41(2)(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(18)(b)(ii) (with reg. 3)

Representations on proposed changes (call-in) E+W

42.—(1) Any person may make representations on the changes the Secretary of State proposes to make by sending them to the address and, where appropriate, the person specified pursuant to regulation 41(2) within the period of 6 weeks starting on the day on which the Secretary of State complies with regulation 41(1).

(2) Before the Secretary of State complies with section 21(9)(a) he must consider any representations made in accordance with paragraph (1).

Publication of the recommendations of the person appointed to carry out the independent examination (call-in) E+W

43.  As soon as reasonably practicable after the Secretary of State complies with section 21(6), the local planning authority must–

(a) make the recommendations and reasons of the person appointed to carry out the examination available for inspection during normal office hours at the places at which the [F35 proposed submission] documents were made available under [F36 regulation 27(a)]

(b) publish the recommendations and reasons on their [F37 website; and]

[F38 (c) give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.]

Textual Amendments

F35 Words in reg. 43(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(19)(a)(i) (with reg. 3)

F36 Words in reg. 43(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(19)(a)(ii) (with reg. 3)

F37 Words in reg. 43(b) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(19)(b) (with reg. 3)

F38 Reg. 43(c) added (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(19)(c) (with reg. 3)

Secretary of State’s decision after section 21(4) direction (call-in) E+W

44.  As soon as reasonably practicable after the Secretary of State approves, approves subject to modifications or rejects a DPD or part of it (as the case may be) in accordance with section 21(9)(a), the local planning authority must–

(a) make available for inspection during normal office hours at the places at which the [F39 proposed submission] documents were made available under [F40 regulation 27(a)]–

(i) the DPD and the reasons given by the Secretary of State pursuant to section 21(9)(b),

(ii) a decision statement,

(b) publish the decision statement on their website,

(c) give notice by local advertisement of–

(i) the decision statement,

(ii) the fact that the DPD and 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

(d) send the decision statement to any person who has asked to be notified of the Secretary of State’s decision under section 21(9)(a).

Textual Amendments

F39 Words in reg. 44(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(20)(a) (with reg. 3)

F40 Words in reg. 44(a) substituted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(20)(b) (with reg. 3)

[F41 Removal of documents after rejection of a development plan document E+W

44A.— (1) This regulation applies where—

(a) the Secretary of State rejects a DPD under section 21(9)(a); or

(b) the Secretary of State rejects part of a DPD under section 21(9)(a) and the local planning authority decide not to proceed with the remainder.

(2) The local planning authority must, as soon as reasonably practicable after the end of the period specified in paragraph (3), remove from their website and from the places at which they were made available any copies, documents, matters and statements made available or published under regulation 27(a) or (b), 30(3)(a), (3)(b) or 34(2)(a).

(3) The period mentioned in paragraph (2) is—

(a) in the circumstances mentioned in paragraph (1)(a), three months after the date of the Secretary of State’s rejection of the DPD; or

(b) in the circumstances mentioned in paragraph (1)(b), three months after the date of the local planning authority’s decision.]

Textual Amendments

F41 Reg. 44A inserted (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(21) (with reg. 3)

[F42 Secretary of State’s default power E+W

45.— (1) Where the Secretary of State prepares a DPD under section 27 he must—

(a) comply with section 19(2) as if—

(i) the duty imposed on the local planning authority were imposed on the Secretary of State,

(ii) references in paragraphs (b) to (h) to the local planning authority (in whatever terms) were references to the local planning authority in question, and

(iii) paragraph (j) referred to the matters specified in regulation 15(1), treating references to the local planning authority as references to the local planning authority in question;

(b) comply, to the extent (if any) that he thinks appropriate, with section 19(3) as if the reference to the authority were a reference to the Secretary of State and the reference to their statement of community of involvement were a reference to the statement of community involvement of the local planning authority in question;

(c) comply with section 19(5) as if the reference to the local planning authority were a reference to the Secretary of State and as if the reference to each document were to the DPD;

(d) take the steps mentioned in paragraph (2);

(e) if the area of the local planning authority in question is in Greater London, request the Mayor of London for his opinion as to the general conformity of the DPD with the spatial development strategy; and

(f) if the area of the local planning authority in question is in a region other than Greater London, request the [F43 responsible regional authority] for that region for its opinion as to the general conformity of the DPD with the [F44 regional strategy] for the region.

(2) The Secretary of State must—

(a) comply with regulation 25 as if—

(i) references to a local planning authority (in whatever terms) were references to the Secretary of State,

(ii) in paragraph (3), for “their area” there were substituted “the area of the local planning authority in question”,

(iii) in the definitions of “general consultation bodies” and “specific consultation bodies” in regulation 2(1) the references to a local planning authority’s area (in whatever terms) were references to the area of the local planning authority in question, and

(iv) in regulation 2(1), there were inserted the following definition—

““the area of the local planning authority in question”, as regards a local planning authority in relation to which the Secretary of State is taking action under section 27, means that authority’s area;””;

(b) comply with regulation 27 as if—

(i) the reference to submitting a DPD to the Secretary of State under section 20 were a reference to holding an independent examination of the DPD under section 27(2) and the reference to the local planning authority were a reference to the Secretary of State,

(ii) the obligation in paragraph (a) were to make available for inspection the things in question, during normal office hours, at such places as the Secretary of State considers appropriate,

(iii) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question,

(iv) in the first definition of “proposed submission documents”, and in the definition of “statement of the representations procedure”, in regulation 24(2), for “which the local planning authority propose to submit to the Secretary of State” there were substituted “in respect of which the Secretary of State proposes to hold an independent examination”,

(v) in paragraph (a)(ii) of the first definition of “proposed submission documents” in regulation 24(2), for “adoption” there were substituted “approval”,

(vi) the report mentioned in paragraph (a)(iii) of that definition were the report prepared by the Secretary of State under paragraph (1)(c) of this regulation,

(vii) the reference to the local planning authority in paragraph (a)(v) of that definition were a reference to the Secretary of State,

(viii) in paragraph (c) of the definition of “statement of the representations procedure” in regulation 24(2), the reference to regulation 28(2) were a reference to paragraph (3) of this regulation,

(ix) in paragraph (d) of that definition, the reference to regulation 28(2) were a reference to paragraph (3) of this regulation, and

(x) in paragraph (f) of that definition, sub-paragraph (i) were omitted and the reference to the adoption of the DPD were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD;

(c) before he holds an independent examination of the DPD under section 27(2), comply with regulation 30(3)(a) to (e) as if—

(i) the document mentioned in regulation 30(1)(a) were the report prepared by the Secretary of State under paragraph (1)(c) of this regulation,

(ii) for regulation 30(1)(b) there were substituted “(b) if the approval of the DPD would result in changes to the adopted proposals map, a map showing those changes;”,

(iii) in regulation 30(1)(c), the reference to the local planning authority were a reference to the local planning authority in question,

(iv) in regulation 30(1)(d), the reference to the local planning authority were a reference to the Secretary of State,

(v) in regulation 30(1)(e) and (f), the reference to section 28(2) were a reference to paragraph (3) of this regulation,

(vi) in regulation 30(1)(g), the reference to the authority were a reference to the Secretary of State, and

(vii) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question; and

(d) if a person requests the opportunity to appear and be heard by the person carrying out the independent examination under section 27(2), comply with regulation 34(2) as if—

(i) the reference to the local planning authority were a reference to the Secretary of State,

(ii) the reference to regulation 28(2) were a reference to paragraph (3) of this regulation, and

(iii) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question.

(3) Any person may make representations about a DPD made available under regulation 27 as modified by paragraph (2)(b) but any such representations must—

(a) be made within the period which the Secretary of State specifies for the purposes of this paragraph; and

(b) be sent to the address and, if the Secretary of State thinks it appropriate to specify a person, the person, which he specifies for the purposes of this paragraph.

(4) Where the Secretary of State holds an independent examination under section 27(2) regulation 31 shall apply as if the reference to regulation 28(2) were a reference to paragraph (3) of this regulation.

(5) Regulations 41, 42 and 44 shall apply where the Secretary of State holds an independent examination under section 27(2) as if—

(a) references to the local planning authority were references to the Secretary of State;

(b) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question;

(c) the reference in regulation 41(1) to section 20 or 21(5)(b) were a reference to section 27(2);

(d) the reference in regulation 41(3)(c) to the Secretary of State’s decision under section 21(9)(a) were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD;

(e) the reference in regulation 42(2) to complying with section 21(9)(a) were a reference to deciding whether to approve the DPD under section 27(4)(b); and

(f) the duties imposed by regulation 44 applied as soon as reasonably practicable after the Secretary of State decides whether or not to approve the DPD under section 27(4)(b), the reference in that regulation to section 21(9)(b) were a reference to section 27(5) and the reference to the Secretary of State’s decision under section 21(9)(a) were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD.

(6) This regulation applies to the revision of a DPD by the Secretary of State as it applies to the preparation of a DPD by the Secretary of State.

(7) In this regulation “the local planning authority in question” means the local planning authority in relation to which the Secretary of State is taking action under section 27.

Textual Amendments

F42 Regs. 45, 45A substituted for reg. 45 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(22) (with reg. 3)

F43 Words in reg. 45(1)(f) substituted (1.4.2010) by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(12)(a)

F44 Words in reg. 45(1)(f) substituted (1.4.2010) by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(12)(b)

Provision supplementary to regulation 45 E+W

45A.— (1) The Secretary of State must make a request under regulation 45(1)(e) or (f) before he holds an independent examination under section 27(2) in relation to the DPD or the revision.

(2) Where the Secretary of State makes such a request, the [F45 responsible regional authority] or the Mayor of London (as the case may be) must send its opinion to the Secretary of State within the period of six weeks starting on the day the request is made.

(3) The period which the Secretary of State specifies for the purpose of regulation 45(3) must be a period of not less than six weeks starting on the day on which notice given pursuant to paragraph (e) of regulation 27 is first published.

(4) The Secretary of State must comply with section 27(3)—

(a) at the same time as he complies with regulation 41; or

(b) if he does not propose to depart from the recommendations of the person appointed to carry out an examination of the DPD, as soon as reasonably practicable after he decides whether or not to approve the DPD or revision under section 27(4)(b).

(5) When the Secretary of State complies with regulation 27(3) he must—

(a) make the recommendation and the reasons of the person appointed to carry out the examination available for inspection during normal office hours at such places as he thinks appropriate;

(b) publish the recommendations and reasons on his website; and

(c) give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.]

Textual Amendments

F42 Regs. 45, 45A substituted for reg. 45 (27.6.2008) by The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 (S.I. 2008/1371), regs. 1(1), 2(22) (with reg. 3)

F45 Words in reg. 45A(2) substituted (1.4.2010) by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010 (S.I. 2010/602), arts. 1(2), 4(13)