The Town and Country Planning (Local Planning) (England) Regulations 2012

PART 4 E+W Form and content of documents and regard to be had to certain matters

Form and content of local plans and supplementary planning documents: general E+W

8.—(1) A local plan or a supplementary planning document must—

(a) contain the date on which the document is adopted; and

(b) indicate whether the document is a local plan or a supplementary planning document.

(2) A local plan or a supplementary planning document must contain a reasoned justification of the policies contained in it.

(3) Any policies contained in a supplementary planning document must not conflict with the adopted development plan.

(4) Subject to paragraph (5), the policies contained in a local plan must be consistent with the adopted development plan.

(5) Where a local plan contains a policy that is intended to supersede another policy in the adopted development plan, it must state that fact and identify the superseded policy.

Form and content of the adopted policies map E+W

9.—(1) The adopted policies map must be comprised of, or contain, a map of the local planning authority's area which must—

(a) be reproduced from, or be based on, an Ordnance Survey map;

(b) include an explanation of any symbol or notation which it uses; and

(c) illustrate geographically the application of the policies in the adopted development plan.

(2) Where the adopted policies map consists of text and maps, the text prevails if the map and text conflict.

Local plans and supplementary planning documents: additional matters to which regard is to be had E+W

10.—(1) The matters (additional to those specified in section 19(2)(a) to (i) of the Act) prescribed for the purposes of section 19(2)(j) of the Act are—

(a) policies developed by a local transport authority in accordance with section 108 of the Transport Act 2000 M1 ;

[F1 (b) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment by pursuing those objectives through the controls described in Article 13 of Council Directive 2012/18/EU;]

[F2 (c) the need, in the long term—

(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures;

(ii) in the case of existing establishments, to take additional technical measures, in accordance with Article 5 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, so as not to increase the risks to human health and the environment.]

(d) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011 M2 );

(e) where a local planning authority's area is adjacent to Wales, the Planning Policy Wales, published by the Welsh Government in February 2011; and

(f) where a local planning authority's area is adjacent to Scotland, the National Planning Framework for Scotland, published by the Scottish Government in June 2009.

(2) Expressions appearing both in paragraph (1) and in [F3 Directive 2012/18/EU] have the same meaning as in that Directive.

Textual Amendments

F1 Reg. 10(1)(b) substituted (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), reg. 1(1), Sch. 5 para. 4(2)(a) (with reg. 34)

F2 Reg. 10(1)(c) substituted (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), reg. 1(1), Sch. 5 para. 4(2)(b) (with reg. 34)

F3 Words in reg. 10(2) substituted (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), reg. 1(1), Sch. 5 para. 4(2)(c) (with reg. 34)

Marginal Citations

M1 2000 c.38.

M2 S.I. 2011/988.

[F4 Review of local development documents E+W

10A.— (1) A local planning authority must review a local development document within the following time periods—

(a) in respect of a local plan, the review must be completed every five years, starting from the date of adoption of the local plan, in accordance with section 23 of the Act (adoption of local development documents);

(b) in respect of a statement of community involvement, the review must be completed every five years, starting from the date of adoption of the statement of community involvement, in accordance with section 23 of the Act.]

Textual Amendments

F4 Reg. 10A inserted (6.4.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 4