Levelling-up and Regeneration Act 2023

Prospective

Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) U.K.

40 (1) Regulation 111 (interpretation of Chapter 8 of Part 6) is amended as follows.

(2) In paragraph (1)—

(a) in paragraph (b) of the definition of “land use plan”—

(i) for “local development document as provided for in” substitute “joint spatial development strategy, local plan, document which is or forms part of a minerals and waste plan, supplementary plan or any revision of such a plan or document under”;

(ii) omit the words from “other” to the end;

(b) in paragraph (a) of the definition of “plan-making authority”, after “replacement)” insert “or section 15CC of the 2004 Planning Act (supplementary plans)”;

(c) in paragraph (b) of the definition of “plan-making authority” omit “or an order under section 29(2) of the 2004 Planning Act (joint committees)”;

(d) after that paragraph insert—

“(ba) a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Planning Act;”;

(e) in paragraph (c) of the definition of “plan-making authority”, omit sub-paragraph (i);

(f) after that paragraph insert—

“(ca) anyone exercising powers under section 15H, 15HA or 15HB of, or Schedule A1 to, the 2004 Planning Act;”.

(3) In paragraph (2)—

(a) for sub-paragraphs (a) and (b) substitute—

“(aa) the adoption of a joint spatial development strategy under section 15AD of the 2004 Planning Act or of an alteration of such a strategy under section 15AF of that Act;

(ab) the adoption or approval of a local plan, document which is or forms part of a minerals and waste plan, supplementary plan or a revision of any such document or plan under Part 2 of the 2004 Planning Act;”;

(b) in sub-paragraph (c) for “publication” substitute “adoption”.

Commencement Information

I1 Sch. 8 para. 40 not in force at Royal Assent, see s. 255(3)(b)