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Neighbourhood Planning Act 2017
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Neighbourhood Planning Act 2017, Section 8 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Act excluded in part by S.I. 2020/1297 art. 3(1)(g) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
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- Act excluded in part by S.I. 2024/752 art. 3(1)
8Content of development plan documentsE+W
This section has no associated Explanatory Notes
(1)In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) after subsection (1A) insert—
“(1B)Each local planning authority must identify the strategic priorities for the development and use of land in the authority's area.
(1C)Policies to address those priorities must be set out in the local planning authority's development plan documents (taken as a whole).
(1D)Subsection (1C) does not apply in the case of a London borough council or a Mayoral development corporation if and to the extent that the council or corporation are satisfied that policies to address those priorities are set out in the spatial development strategy.
(1E)If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority's area, subsection (1D) also applies in relation to—
(a)a local planning authority whose area is within, or the same as, the area of the combined authority, and
(b)the spatial development strategy published by the combined authority.”
(2)In section 34 of that Act (guidance)—
(a)the existing words become subsection (1), and
(b)after that subsection insert—
“(2)The Secretary of State must issue guidance for local planning authorities on how their local development documents (taken as a whole) should address housing needs that result from old age or disability.”
(3)In section 35 of that Act (local planning authorities' monitoring reports) after subsection (3) insert—
“(3A)Subsection (3B) applies if a London borough council or a Mayoral development corporation have determined in accordance with section 19(1D) that—
(a)policies to address the strategic priorities for the development and use of land in their area are set out in the spatial development strategy, and
(b)accordingly, such policies will not to that extent be set out in their development plan documents.
(3B)Each report by the council or corporation under subsection (2) must—
(a)indicate that such policies are set out in the spatial development strategy, and
(b)specify where in the strategy those policies are set out.
(3C)If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority's area, subsections (3A) and (3B) also apply in relation to—
(a)a local planning authority whose area is within, or the same as, the area of the combined authority, and
(b)the spatial development strategy published by the combined authority.”
Commencement Information
I1S. 8(1)(3) in force at 16.1.2018 by S.I. 2018/38, reg. 2(a)
I2S. 8(2) in force at 4.7.2019 by S.I. 2019/1081, reg. 2
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