Levelling-up and Regeneration Act 2023

94 National development management policies: meaning U.K.

After section 38 of PCPA 2004 insert—

“38ZA Meaning of “national development management policy”

(1) A “national development management policy” is a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy.

(2) The Secretary of State may—

(a) revoke a direction under subsection (1);

(b) modify a national development management policy.

(3) The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—

(a) in preparing a policy which is to be designated as a national development management policy, or

(b) in modifying a national development management policy.

(4) Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons as the Secretary of State thinks appropriate takes place.

(5) The only cases in which no consultation or participation need take place under subsection (4) are those where the Secretary of State thinks that none is appropriate because—

(a) a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or

(b) it is necessary, or expedient, for the Secretary of State to act urgently.”

Commencement Information

I1 S. 94 not in force at Royal Assent, see s. 255(3)(b)

I2 S. 94 in force at 31.1.2024 by S.I. 2024/92, reg. 2(c)