Housing and Planning Act 2016

151 Local planning authority to keep register of particular kinds of land E+W

(1) In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development), after section 14 insert—

“Register E+W

14A Register of land

(1) The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which—

(a) is of a prescribed description, or

(b) satisfies prescribed criteria.

(2) The regulations may require the register to be kept in two or more parts.

A reference to the register in the following subsections includes a reference to a prescribed part of the register.

(3) The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which—

(a) is of a prescribed description or satisfies prescribed criteria, and

(b) is not required by the regulations to be entered in the register.

(4) The regulations may—

(a) require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register;

(b) specify descriptions of land that are not to be entered in the register;

(c) confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it;

(d) require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so;

(e) specify information to be included in the register;

(f) make provision about revising the register.

(5) The regulations may specify a description of land by reference to a description in national policies and advice.

(6) The regulations may confer power on the Secretary of State to require a local planning authority—

(a) to prepare or publish the register, or to bring the register up to date, by a specified date;

(b) to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register.

In this subsection “specified” means specified by the Secretary of State.

(7) In exercising their functions under the regulations, a local planning authority must have regard to—

(a) the development plan;

(b) national policies and advice;

(c) any guidance issued by the Secretary of State for the purposes of the regulations.

(8) In this section “national policies and advice” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).”

(2) In section 33 of that Act (power to direct that Part 2 of that Act does not apply to the area of an urban development corporation), for “that this Part does not apply” substitute “that the provisions of—

(a) this Part, or

(b) any particular regulations made under section 14A,

do not apply”.