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

Application and interpretation of Part 6

24.—(1) This Part applies to a local planning authority’s statement of community involvement as it applies to a DPD; and accordingly, unless otherwise indicated, any reference in this Part to a DPD includes a reference to a statement of community involvement.

(2) This Part applies to a submission proposals map as it applies to a DPD; and accordingly, with the exception of regulations 25 and 26, any reference in this Part to a DPD includes a reference to a submission proposals map.

(3) With the exception of regulation 45(b), regulations 40 to 44 apply to any part of a DPD as they apply to the whole of a DPD.

(4) In this Part–

“adoption statement” means a statement–

(a)

of the date on which a DPD is adopted;

(b)

that a person aggrieved by the DPD may make an application to the High Court under section 113;

(c)

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

(d)

that a person aggrieved by a statement of community involvement may apply to the High Court for permission to apply for judicial review of the decision to adopt the statement; and

(e)

that any such application must be made promptly and in any event not later than 3 months after the day on which the statement was adopted;

“decision statement” means–

(a)

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

(b)

where the Secretary of State decides to approve a DPD, or to approve a DPD subject to modifications, a statement–

(i)

of the date on which the DPD is adopted,

(ii)

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

(iii)

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

“DPD bodies” means the bodies consulted by a local planning authority under regulation 25;

“DPD documents” means the following documents–

(a)

the DPD,

(b)

the sustainability appraisal report,

(c)

the pre-submission consultation statement,

(d)

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

“DPD matters” means the following matters–

(a)

the title of the DPD,

(b)

the subject matter of , and the area covered by, the DPD,

(c)

the period within which representations about the DPD must be made in accordance with regulation 29(1),

(d)

the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 29(1),

(e)

a statement that representations may be accompanied by a request to be notified at a specified address of the publication of the recommendations of the person appointed to carry out an examination under section 20 or the adoption of the DPD or both;

“pre-submission consultation statement” means the statement prepared pursuant to regulation 28(1)(c);

“pre-submission proposals documents” means the authority’s proposals for the DPD and such supporting documents as in the opinion of the authority are relevant to those proposals;

“proposals matters” means the following matters–

(a)

the proposed title of the DPD,

(b)

the proposed subject matter and area of the DPD,

(c)

the period within which representations on the proposals may be made in accordance with regulation 27(2)(a),

(d)

the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 27(2)(b),

(e)

a statement that any representations may be accompanied by a request to be notified at a specified address that the DPD has been submitted to the Secretary of State for independent examination under section 20 and of the adoption of the DPD; and

“site allocation representation” means any representation which seeks to change a DPD by–

(a)

adding a site allocation policy to the DPD, or

(b)

altering any site allocation policy in the DPD.