Planning and Compulsory Purchase Act 2004

the principal physical, economic, social and environmental characteristics of the area of the authority;

the principal purposes for which land is used in the area;

the size, composition and distribution of the population of the area;

the communications, transport system and traffic of the area;

any other considerations which may be expected to affect those matters;

such other matters as may be prescribed or as the Secretary of State (in a particular case) may direct.

any changes which the authority think may occur in relation to any other matter;

the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.

it is immaterial whether any development relates to a county matter;

if a matter which is prescribed or in respect of which the Secretary of State gives a direction falls within section 13(4) the county council must consult the local planning authority for the area in question.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the local development documents which are to be development plan documents;

the subject matter and geographical area to which each F5 development plan document is to relate;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

which F7 development plan documents (if any) are to be prepared jointly with one or more other local planning authorities;

any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 29;

the timetable for the preparation and revision of the F8 development plan documents ;

such other matters as are prescribed.

may give a direction under subsection (4) only if the local planning authority are a London borough, and

in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State.

he must at that time send a copy of the direction to the Secretary of State, and

F17 effect is not to be given to the direction until such time as may be prescribed.

to disregard a direction given under subsection (4) by the Mayor of London, or

to give effect to the direction with such modifications as may be specified in the Secretary of State's direction.

at such time as they consider appropriate;

when directed to do so by the Secretary of StateF19or the Mayor of London .F20In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F).

may give a direction under subsection (8) only if the local planning authority are a London borough, and

in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State.

he must at that time send a copy of the direction to the Secretary of State, and

the scheme is not to be revised until such time as may be prescribed.

the up-to-date text of the scheme,

a copy of any amendments made to the scheme, and

up-to-date information showing the state of the authority's compliance (or non-compliance) with the timetable mentioned in subsection (2)(f).

references to a local development scheme include references to a minerals and waste development scheme;

references to a local planning authority include references to a county council.

section 17(3);

section 24(1)(b), (4) and (7);

the references in section 24(5) to subsection (4) and the Mayor;

sections 29 to 31.

which descriptions of documents are, or if prepared are, to be prepared as local development documents;

which descriptions of local development documents are development plan documents;

the form and content of the local development documents;

the time at which any step in the preparation of any such document must be taken.

is adopted by resolution of the local planning authority as a local development document;

is approved by the Secretary of State under section 21 or 27.

national policies and advice contained in guidance issued by the Secretary of State;

the local development documents which are to be development plan documents;

F37 the regional strategy for the region in which the area of the authority is situated, if the area is outside Greater London;

the spatial development strategy if the authority are a London borough or if any part of the authority’s area adjoins Greater London;

F38 the regional strategy for any region which adjoins the area of the authority;

the F39Wales Spatial Plan F39National Development Framework for Wales, if any part of the authority’s area adjoins Wales;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any other local development document which has been adopted by the authority;

the resources likely to be available for implementing the proposals in the document;

such other matters as the Secretary of State prescribes.

carry out an appraisal of the sustainability of the proposals in each F43 development plan document;

prepare a report of the findings of the appraisal.

as to any further documents which must be prepared by the authority in connection with the preparation of a local development document;

as to the form and content of such documents.

they have complied with any relevant requirements contained in regulations under this Part, and

they think the document is ready for independent examination.

whether it satisfies the requirements of sections 19 and 24(1), regulations under section 17(7) and any regulations under section 36 relating to the preparation of development plan documents;

whether it is sound.F45; and

whether the local planning authority complied with any duty imposed on the authority by section 33A in relation to its preparation.

has carried it out, and

has carried it out, and

is not required by subsection (7) to recommend that the document is adopted,

does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but

does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation.

satisfies the requirements mentioned in subsection (5)(a), and

is sound.

he may at any time before the document is adopted under section 23 direct the local planning authority to modify the document in accordance with the direction;

if he gives such a direction he must state his reasons for doing so.

must comply with the direction;

must not adopt the document unless the Secretary of State gives notice that he is satisfied that they have complied with the direction.

the authority must not take any step in connection with the adoption of the document until the Secretary of State gives his decision;

if the direction is given before the authority have submitted the document under section 20(1) the Secretary of State must hold an independent examination and section 20(4) to (7) applies accordingly;

if the direction is given after the authority have submitted the document but before the person appointed to carry out the examination has made his recommendations he must make his recommendations to the Secretary of State;

the document has no effect unless it or (if the direction relates to only part of a document) the part has been approved by the Secretary of State.

may approve, approve subject to specified modifications or reject the document or part;

must give reasons for his decision under paragraph (a).

after a development plan document has been submitted for independent examination under section 20, but

before it is adopted under section 23,

any representations made in relation to the document;

any other matter they think is relevant.

as it is, or

with modifications that (taken together) do not materially affect the policies set out in it.

recommends non-adoption, and

under section 20(7C) recommends modifications (“the main modifications”).

with the main modifications, or

with the main modifications and additional modifications if the additional modifications (taken together) do not materially affect the policies that would be set out in the document if it was adopted with the main modifications but no other modifications.

F50 the regional strategy (if the area of the local planning authority is in a region other than London);

the spatial development strategy (if the local planning authority are a London borough F51 or a Mayoral development corporation).

must request the opinion in writing of the Mayor of London as to the general conformity of a development plan document with the spatial development strategy;

may request the opinion in writing of the Mayor as to the general conformity of any other local development document with the spatial development strategy.

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

in accordance with such timetable as he directs.

the authority must review every local development document in the light of the enterprise zone scheme;

if they think that any modifications of the document are required in consequence of the scheme they must prepare a revised document containing the modifications.

the making of an order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65) (designation of enterprise zone);

the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).

prepare or revise (as the case may be) the document, and

approve the document as a local development document.

which is done by him under subsection (4), and

which the authority failed or omitted to do as mentioned in subsection (1).

an authority which were a party to the agreement for the purposes of any corresponding document prepared by them;

two or more other authorities who were parties to the agreement for the purposes of any corresponding joint local development document.

the examination is resumed in relation to the corresponding document;

any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

for the area specified in the agreement;

in respect of such matters as are so specified.

for the area;

in respect of those matters.

must specify the authority or authorities and county council or councils (the constituent authorities) which are to constitute the joint committee;

may make provision as to such other matters as the Secretary of State thinks are necessary or expedient to facilitate the exercise by the joint committee of its functions.

may include provision corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972 (c. 70);

may apply (with or without modifications) such enactments relating to local authorities as the Secretary of State thinks appropriate.

with effect from the date of the resolution the joint committee ceases to be the local planning authority as mentioned in subsection (2);

anything which the joint committee (as the local planning authority) was required to do for the purposes of this Part must be done for their area by each local planning authority which were a constituent authority of the joint committee;

each of those local planning authorities must revise their local development scheme accordingly.

which is conferred on a local planning authority (within the meaning of the principal Act) under or by virtue of the planning Acts, and

which relates to the authority’s local development scheme or local development documents.

a county council;

a district council;

a London borough council.

an order under section 29, or

an earlier agreement under this section.

a local planning authority which were a constituent authority of the joint committee;

a joint committee constituted by order under section 29 for an area which does not include an area which was not part of the area of the joint committee mentioned in subsection (1).

the examination is resumed in relation to the corresponding document;

any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);

an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act 1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which provisions were replaced by the provisions mentioned in paragraph (a));

an order under section 1 of the New Towns Act 1981 (c. 64).

a local planning authority,

a county council in England that is not a local planning authority, or

a body, or other person, that is prescribed or of a prescribed description,

to engage constructively, actively and on an ongoing basis in any process by means of which activities within subsection (3) are undertaken, and

to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).

the preparation of development plan documents,

the preparation of other local development documents,

the preparation of marine plans under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions,

activities that can reasonably be considered to prepare the way for activities within any of paragraphs (a) to (c) that are, or could be, contemplated, and

activities that support activities within any of paragraphs (a) to (c),

sustainable development or use of land that has or would have a significant impact on at least two planning areas, including (in particular) sustainable development or use of land for or in connection with infrastructure that is strategic and has or would have a significant impact on at least two planning areas, and

considering whether to consult on and prepare, and enter into and publish, agreements on joint approaches to the undertaking of activities within subsection (3), and

if the person is a local planning authority, considering whether to agree under section 28 to prepare joint local development documents.

the implementation of the local development scheme;

the extent to which the policies set out in the local development documents are being achieved.

be in such form as is prescribed;

contain such other matter as is prescribed.

the procedure to be followed by the local planning authority in carrying out the appraisal under section 19;

the procedure to be followed in the preparation of local development documents;

requirements about the giving of notice and publicity;

requirements about inspection by the public of a local development document or any other document;

the nature and extent of consultation with and participation by the public in anything done under this Part;

the making of representations about any matter to be included in a local development document;

consideration of any such representations;

the remuneration and allowances payable to a person appointed to carry out an independent examination under section 20;

the determination of the time at which anything must be done for the purposes of this Part;

the manner of publication of any draft, report or other document published under this Part;

monitoring the exercise by local planning authorities of their functions under this Part;

the making of reasonable charges for the provision of copies of documents required by or under this Part.

district councils;

London borough councils;

metropolitan district councils;

county councils in relation to any area in England for which there is no district council;

the Broads Authority.

for an area specified in the order, and

for all purposes of this Part or any such purposes so specified.

the spatial development strategy, F71...

the development plan documents (taken as a whole) which have been adopted or approved in relation to that area F72, and.

the neighbourhood development plans which have been made in relation to that area.

the F73 regional strategy for the region in which the area is situatedF74 (if there is a regional strategy for that region) , and

the development plan documents (taken as a whole) which have been adopted or approved in relation to that areaF75, and.

the neighbourhood development plans which have been made in relation to that area.

the National Development Framework for Wales,

the strategic development plan for any strategic planning area that includes all or part of that area, and

the local development plan for that area

this Act;

the planning Acts;

any other enactment relating to town and country planning;

the Land Compensation Act 1961 (c. 33);

the Highways Act 1980 (c. 66).

provision for independent examination of orders proposed by qualifying bodies, and

provision for the holding of referendums on orders proposed by those bodies,

must make a neighbourhood development plan to which the proposal relates if in each applicable referendum under that Schedule (as so applied) more than half of those voting have voted in favour of the plan, and

if paragraph (a) applies, must make the plan as soon as reasonably practicable after the referendum is held.

there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61H of the principal Act), and

in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,

for the holding of an examination,

as to the payment by a local planning authority of remuneration and expenses of the examiner,

as to the award of costs by the examiner,

as to the giving of notice and publicity,

as to the information and documents that are to be made available to the public,

as to the making of reasonable charges for anything provided as a result of the regulations,

as to consultation with and participation by the public, and

as to the making and consideration of representations (including the time by which representations must be made).

their decision to act under subsection (4) or (6),

their reasons for making that decision, and

such other matters relating to that decision as may be prescribed.

the qualifying body that initiated the process for the making of the plan, and

such other persons as may be prescribed.

a qualifying body may make a proposal for the existing plan to be replaced by a new one, and

the process for the making of the replacement plan is the same as the process for the making of the existing plan.

must specify the period for which it is to have effect,

may not include provision about development that is excluded development, and

may not relate to more than one neighbourhood area.

restricting the provision that may be included in neighbourhood development plans about the use of land,

requiring neighbourhood development plans to include such matters as are prescribed in the regulations, and

prescribing the form of neighbourhood development plans.

section 61F (authorisation to act in relation to neighbourhood areas),

section 61I(2) and (3) (neighbourhood areas in areas of two or more local planning authorities),

section 61M (revocation or modification of neighbourhood development orders),

section 61N (legal challenges),

section 61O (guidance), and

section 61P (provision as to the making of certain decisions by local planning authorities).

the reference to section 61E(8) of the principal Act is to be read as a reference to section 38A(6) of this Act,

references to the provision made by or under sections 61E(2), 61J and 61L of the principal Act are to be read as references to the provision made by or under sections 38A and 38B of this Act,

references to section 61L(2)(b) or (5) of the principal Act are to be disregarded, and

paragraph 8 is to have effect as if sub-paragraphs (2)(b) and (c) and (3) to (5) were omitted.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

under Part 2 F82of this Act in relation to local development documents;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary of State for the purposes of F85 subsection (1)(b);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 56(5)(a) (definition of material development);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 279(1)(a)(i) (compensation for certain decisions and orders).

in subsection (4) after “55(2)(f),” there is inserted “ 61A(5) ”;

in subsection (5)(b) after “28,” there is inserted “ 61A(5) (unless it is made by the National Assembly for Wales), ”.

for “neither” there is substituted “ done none of the following ”;

section 55(2) of the principal Act is disapplied in respect of any operations by virtue of a development order under section 55(2A) of that Act,

at the date the development order comes into force a certificate under section 192 of the principal Act (certificate of lawfulness of proposed use or development) is in force in respect of the operations, and

before that date no such operations have been begun.

an application mentioned in section 78(1)(a) of the principal Act;

an application mentioned in section 20(1)(a) of the listed buildings Act;

an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).

F90in subsections (1)(a) and (3) for the words “five years” there is substituted “ three years ”;

in subsection (2)(b) sub-paragraph (i) is omitted;

in subsection (2)(b) in sub-paragraph (ii) the words “if later” are omitted;

in subsection (4) “five years” is omitted.

in subsections (1)(a) and (2) for the words “five years” there is substituted “ three years ”;

with which the appropriate authority or a local planning authority must comply before granting any permission, approval or consent under or by virtue of the planning Acts;

which is prescribed for the purposes of this subsection.

the period prescribed for the purposes of this subsection, or

such other period as is agreed in writing between the consultee and the appropriate authority or the local planning authority (as the case may be).

the procedure to be followed for the purposes of this section;

the information to be provided to the consultee for the purposes of the consultation;

the requirements of a substantive response.

require consultees to give the appropriate authority a report as to their compliance with subsection (4);

prescribe the form and content of the report;

prescribe the times at which the report is to be made.

the Secretary of State in relation to England;

the National Assembly for Wales in relation to Wales.

the form that the consultation will take,

when the consultation will take place, and

the steps that will be taken to involve members of the public in the preparation of the Framework.

publish a draft of the Framework, and

allow a period of 12 weeks beginning with the publication of the draft Framework during which any person may make representations with regard to the draft.

prepare a draft of the Framework,

carry out an appraisal of the sustainability of the policies set out in the draft, and

carry out consultation in accordance with the statement of public participation.

the draft, and

any resolution passed by the National Assembly for Wales with regard to the draft Framework during the Assembly consideration period, and

any recommendation made by a committee of the National Assembly with regard to the draft during that period.

may publish the National Development Framework for Wales in the terms of the draft laid under subsection (3), or

publish notice of their decision and the reasons for it, and

if a draft of a revised Framework has been laid before the National Assembly for Wales under section 60B(3), lay a copy of the notice before the National Assembly.

a review period ends, and

setting out their assessment of whether the Framework should be revised and giving reasons for that assessment, and

if they consider that the Framework should be revised, setting out a timetable for its revision.

designate an area in Wales as a strategic planning area for the purposes of this Part, and

establish a strategic planning panel for that area.

all of the area of one local planning authority, and

all or part of the area of at least one other local planning authority.

they have given a direction under section 60E(1) to a local planning authority all or part of whose area is included in the strategic planning area to be designated by the regulations,

they have carried out any consultation required by section 60F(1).

where a direction under subsection (1) is given to a single local planning authority, that authority;

where a direction under subsection (1) is given to two or more local planning authorities, those authorities acting jointly.

each local planning authority, other than one to which the direction under subsection (1) was given, for an area all or part of which is included in the proposed strategic planning area, and

any other persons specified in, or of a description specified in, the direction.

the proposal, and

a report about the consultation carried out under subsection (5).

a map showing the boundaries of the area which the responsible authority propose should be designated as a strategic planning area,

a statement of the reasons for proposing that area, and

any other information specified by the Welsh Ministers in the direction given under subsection (1).

before the end of any period specified in the direction;

if no period is specified in the direction, before the end of six months beginning with the day on which the direction is given.

how the consultation required by subsection (5) must be carried out;

the form and content of the report about the consultation;

how the proposal and the report must be submitted under subsection (6).

to the responsible authority, and

if a proposal has been submitted under subsection (6), to each authority within subsection (5)(a).

each relevant local planning authority, and

any other persons they consider appropriate.

the boundaries of the strategic planning area that would be designated by the regulations are different from the boundaries of the area proposed under section 60E(6) pursuant to the direction, or

the period for complying with section 60E(6) has ended without a proposal being submitted.

the strategic planning area that would be designated by the regulations, or

a strategic planning area designated by previous regulations under section 60D that would be revoked or amended by the regulations.

references to a local planning authority are to be construed as references to a strategic planning panel;

references to a neighbouring area are to be construed as references to a neighbouring strategic planning area.

the panel's objectives in relation to the development and use of land in its area;

the panel's policies for the implementation of those objectives.

the period that may be specified under subsection (4);

the form and content of the plan.

current national policies;

the National Development Framework for Wales;

the strategic development plan for any strategic planning area that adjoins the panel's area;

the local development plan for each area all or part of which is included in the panel's area;

the resources likely to be available for implementing the strategic development plan;

any other matters prescribed by the Welsh Ministers in regulations.

carry out an appraisal of the sustainability of the plan;

prepare a report of the findings of the appraisal.

adopted by resolution of the strategic planning panel as a strategic development plan, or

approved by the Welsh Ministers under section 65 or 71 (as they apply by virtue of section 60J).

references to a local planning authority are to be construed as references to a strategic planning panel;

references to a local development plan are to be construed as references to a strategic development plan.

the principal physical, economic, social and environmental characteristics of the area of the authority F110(including the extent to which the Welsh language is used in the area) ;

the principal purposes for which land is used in the area;

the size, composition and distribution of the population of the area;

the communications, transport system and traffic of the area;

any other considerations which may be expected to affect those matters;

such other matters as may be prescribed or as the Assembly in a particular case may direct.

any changes which the authority think may occur in relation to any other matter;

the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.

the authority’s objectives in relation to the development and use of land in their area;

their general policies for the implementation of those objectives.

the National Development Framework for Wales, and

the strategic development plan for any strategic planning area that includes all or part of the area of the authority.

make provision about the period that may be specified under subsection (3B);

prescribe the form and content of the plan.

current national policies;

F114the Wales Spatial Plan;

F114the National Development Framework for Wales;

the RSS for any region which adjoins the area of the authority;

any relevant F116local well-being plan;

the resources likely to be available for implementing the plan;

such other matters as the Assembly prescribes.

carry out an appraisal of the sustainability of the plan;

prepare a report of the findings of the appraisal.

in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member;

in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area.

in the case of an authority which is a joint planning board, the public services board for an area that includes any part of that authority's united district.

is adopted by resolution of the local planning authority as a local development plan;

is approved by the Assembly under section 65 or 71.

the local planning authority’s community involvement scheme;

the timetable for the preparation and adoption of the authority’s local development plan.

must include such persons as the Assembly prescribes;

may include such other persons as appear to the authority to have an interest in matters relating to development in the area of the authority.

the procedure in respect of the preparation of the documents mentioned in paragraphs (a) and (b) of subsection (1);

the form and content of the documents;

the time at which any step in the preparation of the documents must be taken;

publicity about the documents;

making the documents available for inspection by the public;

circumstances in which the requirements of the documents need not be complied with.

they have complied with any relevant requirements contained in regulations under this Part, and

they think the plan is ready for independent examination.

whether it satisfies the requirements of sections 62 and 63 and of regulations under section 77;

whether it is sound.

make recommendations;

give reasons for the recommendations.

it may at any time before the plan is adopted by the local planning authority direct them to modify the plan in accordance with the direction;

if it gives such a direction it must state its reasons for doing so.

must comply with the direction;

must not adopt the plan unless the Assembly gives notice that it is satisfied that they have complied with the direction.

the authority must not take any step in connection with the adoption of the plan until the Assembly gives its decision;

if the direction is given before the authority have submitted the plan under section 64(1) the Assembly must hold an independent examination and section 64(4) to (7) applies accordingly;

if the direction is given after the authority have submitted the plan the person appointed to carry out the examination must make his recommendations to the Assembly;

the plan has no effect unless it has been approved by the Assembly.

may approve, approve subject to specified modifications or reject a plan submitted to it under subsection (4);

must give reasons for its decision under paragraph (a).