Town and Country Planning Act 1990

[F1 SCHEDULE 4A E+W Local development orders: procedure

Textual Amendments

F1 Sch. 4A inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 1 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(c); S.I. 2012/1100, art. 2

Preparation E+W

1 (1) A local development order must be prepared in accordance with such procedure as is prescribed by a development order. E+W

(2) A development order may include provision as to—

(a) the preparation, submission, approval, adoption, revision, revocation and withdrawal of a local development order;

(b) notice, publicity, and inspection by the public;

(c) consultation with and consideration of views of such persons and for such purposes as are prescribed;

(d) the making and consideration of representations.

[F2 (2A) Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “ adoption, post-adoption submission, ”.]

(3) Regulations under this paragraph may include provision as to the matters relating to a local development order to be included in the report to be made by a local planning authority under section F3 ... 76 of the Planning and Compulsory Purchase Act 2004.

Textual Amendments

F2 Sch. 4A para. 1(2A) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(5), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

F3 Words in Sch. 4A para. 1(3) omitted (9.12.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 5(6)(b), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

Revision E+W

2 (1) The local planning authority may at any time prepare a revision of a local development order. E+W

(2) An authority in England must prepare a revision of a local development order—

(a) if the Secretary of State directs them to do so, and

(b) in accordance with such timetable as he directs.

(3) An authority in Wales must prepare a revision of a local development order—

(a) if the National Assembly for Wales directs them to do so, and

(b) in accordance with such timetable as it directs.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Schedule applies to the revision of a local development order as it applies to the preparation of the order.

Textual Amendments

F4 Sch. 4A para. 2(4) repealed (23.6.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), ss. 188(4), 241(3)(4), Sch. 13 (with s. 226); S.I. 2009/1303, art. 2, Sch.; S.I. 2012/802, art. 2(a)(c), Sch.

F5 Sch. 4A para. 2(5) repealed (23.6.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), ss. 188(4), 241(3)(4), Sch. 13 (with s. 226); S.I. 2009/1303, art. 2, Sch.; S.I. 2012/802, art. 2(a)(c), Sch.

Order to be adopted E+W

3 E+W A local development order is of no effect unless it is adopted by resolution of the local planning authority.

Annual report E+W

F6 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 4A para. 4 omitted (9.12.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 5(6)(a), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

Annual report E+W

5 (1) The report made [F7 by a local planning authority] under section 76 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes. E+W

(2) The National Assembly for Wales may prescribe the form and content of the report as it relates to the local development order.]

Textual Amendments

F7 Words in Sch. 4A para. 5(1) inserted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 14; S.I. 2021/7, reg. 2(c)