The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development.

The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority.

In exercising a function under subsection (4) a local planning authority must consult with the local planning authority for the neighbouring area in question.

If a neighbouring area is in Wales references to the local planning authority for that area must be construed in accordance with Part 6.

A county council in respect of so much of their area for which there is a district council must keep under review the matters which may be expected to affect development of that area or the planning of its development in so far as the development relates to a county matter.

Subsections (2) to (6) of section 13 apply for the purposes of subsection (1) as they apply for the purposes of that section; and references to the local planning authority must be construed as references to the county council.

The Secretary of State may by regulations require or (in a particular case) may direct a county council to keep under review in relation to so much of their area as is mentioned in subsection (1) such of the matters mentioned in section 13(1) to (4) as he prescribes or directs (as the case may be).

The county council must make available the results of their review under subsection (3) to such persons as the Secretary of State prescribes or directs (as the case may be).

References to a county matter must be construed in accordance with paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).

The regulations may require the register to be kept in two or more parts.

A reference to the register in the following subsections includes a reference to a prescribed part of the register.

The regulations may specify a description of land by reference to a description in national policies and advice.

In this section “national policies and advice” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).

A county council in respect of any part of their area for which there is a district council must prepare and maintain a scheme to be known as their minerals and waste development scheme.

Section 15 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals and waste development scheme as it applies in relation to a local development scheme.

Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).

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F38The local planning authority's local development documents must (taken as a whole) set out the authority’s policies (however expressed) relating to the development and use of land in their area.

In the case of the documents which are included in a minerals and waste development scheme they must also (taken as a whole) set out the authority’s policies (however expressed) F39Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).

If to any extent a policy set out in a local development document conflicts with any other statement or information in the document the conflict must be resolved in favour of the policy.

The authority must keep under review their local development documents having regard to the results of any review carried out under section 13 or 14.

The Secretary of State may by regulations make provision requiring a local planning authority to review a local development document at such times as may be prescribed.

Any duty imposed by virtue of subsection (6A) applies in addition to the duty in subsection (6).

The local planning authority must prepare a statement of community involvement.

The statement of community involvement is a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under sections F4413, 15, 19, 26 and 28 of this Act and Part 3 of the principal Act of persons who appear to the authority to have an interest in matters relating to development in their area.

F45Subject to subsection (2B), the reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).

The reference in subsection (2B)(a) to Schedule 4B to the principal Act includes that Schedule as applied by section 38A(3) of this Act (process for making neighbourhood development plans).

For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document.

This is subject to section 17(8).

The statement of community involvement must not be specified as a development plan document in the local development scheme.

The Secretary of State may by regulations prescribe matters to be addressed by a statement of community involvement in addition to the matters mentioned in subsection (2).

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F51Development plan documents must be prepared in accordance with the local development scheme.

Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.

Each local planning authority must identify the strategic priorities for the development and use of land in the authority’s area.

Policies to address those priorities must be set out in the local planning authority’s development plan documents (taken as a whole).

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.

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—

In preparing the F60local development documents (other than their statement of community involvement) the authority must also comply with their statement of community involvement.

But subsection (3) does not apply at any time before the authority have adopted their statement of community involvement.

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The local planning authority must submit every development plan document to the Secretary of State for independent examination.

The authority must also send to the Secretary of State (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.

The examination must be carried out by a person appointed by the Secretary of State.

Any person who makes representations seeking to change a development plan document must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

The local planning authority must publish the recommendations and the reasons.

But subsection (2) does not apply if F66or to the extent that the Secretary of State withdraws the direction.

At any time before a development plan document is adopted by a local planning authority the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval.

Subsections (4) to (7C) of section 20 apply to an examination held under subsection (5)(b), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.

The Secretary of State must publish the recommendations made to him by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.

In considering a document or part of a document submitted under subsection (4) the Secretary of State may take account of any matter which he thinks is relevant.

It is immaterial whether any such matter was taken account of by the authority.

In the exercise of any function under this section the Secretary of State must have regard to the local development scheme.

The local planning authority must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under this section that is specified in a notice given to the authority by the Secretary of State.

In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities who have prepared the document.

A document to which a direction under this section relates has no effect while the direction is in force.

A direction given under this section in relation to a document ceases to have effect if a direction is given under section 21 in relation to that document.

A local planning authority may at any time before a local development document is adopted under section 23 withdraw the document.

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The authority must not adopt a development plan document unless they do so in accordance with subsection (2) or (3).

A document is adopted for the purposes of this section if it is adopted by resolution of the authority.

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Whether or not the local planning authority make a request mentioned in F82subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy

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If in the opinion of the Mayor a document is not in general conformity with the spatial development strategy the Mayor must be taken to have made representations seeking a change to the document.

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The local planning authority may at any time prepare a revision of a local development document.

This Part applies to the revision of a local development document as it applies to the preparation of the document.

Subsection (5) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.

References to an enterprise zone and an enterprise zone scheme must be construed in accordance with that Act.

This section applies if the Secretary of State thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document.

Subsections (4) to (7C) of section 20 apply (subject to subsection (7) below) to an examination held under subsection (3)(a), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.

The Secretary of State must give reasons for anything he does in pursuance of subsection (2) or (5).

In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities for whom the document has been prepared.

Two or more local planning authorities may agree to prepare one or more joint local development documents.

This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint local development document as it applies for the purposes of any step which may be or is required to be taken in relation to a local development document.

For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local development document must be done by or in relation to each of the authorities mentioned in subsection (1) in connection with a joint local development document.

Any requirement of this Part in relation to F90regional strategy is a requirement in relation to F90regional strategy for the region in which each authority mentioned in subsection (1) is situated.

If the authorities mentioned in subsection (1) include one or more London boroughs the requirements of this Part in relation to the spatial development strategy also apply.

Subsections (7) to (9) apply if a local planning authority withdraw from an agreement mentioned in subsection (1).

Any independent examination of a local development document to which the agreement relates must be suspended.

A joint local development document is a local development document prepared jointly by two or more local planning authorities.

The Secretary of State may by regulations make provision as to what is a corresponding document F92or a corresponding joint local development document for the purposes of this section.

The Secretary of State may direct two or more local planning authorities to prepare a joint development plan document.

The Secretary of State may give a direction under this section in relation to a document whether or not it is specified in the local development schemes of the local planning authorities in question as a document which is to be prepared jointly with one or more other local planning authorities.

The Secretary of State may give a direction under this section only if the Secretary of State considers that to do so will facilitate the more effective planning of the development and use of land in the area of one or more of the local planning authorities in question.

The Secretary of State must, when giving a direction under this section, notify the local planning authorities to which it applies of the reasons for giving it.

If the Secretary of State gives a direction under this section, the Secretary of State may direct the local planning authorities to which it is given to amend their local development schemes so that they cover the joint development plan document to which it relates.

A joint development plan document is a development plan document which is, or is required to be, prepared jointly by two or more local planning authorities pursuant to a direction under this section.

This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint development plan document as it applies for the purposes of any step which may be or is required to be taken in relation to a development plan document.

For the purposes of subsection (1) anything which must be done by or in relation to a local planning authority in connection with a development plan document must be done by or in relation to each of the authorities mentioned in section 28A(1) in connection with a joint development plan document.

If the authorities mentioned in section 28A(1) include a London borough council or a Mayoral development corporation, the requirements of this Part in relation to the spatial development strategy also apply.

The Secretary of State may modify or withdraw a direction under section 28A by notice in writing to the authorities to which it was given.

The Secretary of State must, when modifying or withdrawing a direction under section 28A, notify the local planning authorities to which it was given of the reasons for the modification or withdrawal.

Any independent examination of a joint development plan document to which the direction related must be suspended.

The Secretary of State may by regulations make provision as to what is a corresponding document or a corresponding joint development plan document for the purposes of this section.

Nothing in this section or section 30 confers on a local planning authority constituted by virtue of an order under this section any function in relation to section 13 or 14.

The policies adopted by the joint committee in the exercise of its functions under this Part must be taken for the purposes of the planning Acts to be the policies of each of the constituent authorities which are a local planning authority.

If the authority is a constituent authority of a joint committee references to the authority’s local development scheme or local development documents must be construed as including references to the scheme or documents of the joint committee.

Each of the constituent authorities and the joint committee must revise their local development scheme in accordance with the agreement.

With effect from the date when the last such revision takes effect the joint committee is, for the purposes of this Part, the local planning authority for the area or matter mentioned in subsection (1).

This section applies if a constituent authority requests the Secretary of State to revoke an order constituting a joint committee as the local planning authority for any area or in respect of any matter.

The Secretary of State may revoke the order.

Any step taken by the joint committee in relation to a local development scheme or a local development document must be treated for the purposes of any corresponding scheme or document as a step taken by a successor authority.

If the revocation takes effect at any time when an independent examination is being carried out in relation to a local development document the examination must be suspended.

The Secretary of State may by regulations make provision as to what is a corresponding scheme or document.

If the Secretary of State or a local planning authority thinks that a representation made in relation to a local development document is in substance a representation or objection to which this section applies he or they (as the case may be) may disregard it.

this Part, or

any particular regulations made under section 14A,

A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.

A person, or description of persons, may be prescribed for the purposes of subsection (1)(c) only if the person, or persons of that description, exercise functions for the purposes of an enactment.

A person is within this subsection if the person is a body, or other person, that is prescribed or of a prescribed description.

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The authority must make the authority's reports under this section available to the public.

The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.

For this purpose a “data standard” is a written standard which contains technical specifications for a scheme or document or the data contained in a scheme or document.

A local planning authority must comply with the data standards published under subsection (3) in preparing, publishing, maintaining or revising a scheme or document to which the standards apply.

Local development scheme must be construed in accordance with section 15.

Local development document must be construed in accordance with F104sections 17 and 18(3).

A development plan document is a local development document which is specified as a development plan document in the local development scheme.

A National Park authority is the local planning authority for the whole of its area and subsection (4) must be construed subject to that.

Subsection (4) must also be construed subject to any order under section 198(2) of the Localism Act 2011 so far as providing that a Mayoral development corporation is, as regards an area, to be the local planning authority for some or all of the purposes of this Part in relation to some or all kinds of development.

Where such an order makes such provision, that MDC is, in relation to the kinds of development concerned, the local planning authority for the area and purposes concerned in place of any authority who, in relation to those kinds of development, would otherwise be the local planning authority for that area and those purposes.

Where such an order makes such provision, the Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.

Joint local development document must be construed in accordance with section 28(10).

Joint development plan document must be construed in accordance with section 28A(7).

Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.

“ Responsible regional authorities ” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.

This section applies for the purposes of this Part.

A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2) to (5).

The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.

If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document F118to become part of the development plan.

If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.

In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.

Development plan document must be construed in accordance with section 37(3).

Neighbourhood development plan must be construed in accordance with section 38A.

Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan.

A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.

The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).

Regulations made by the Secretary of State may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (6).

Subsection (11) is subject to Schedule A2, which makes provision for the modification of a neighbourhood development plan.

Subsection (11C) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood development plan relates to more than one neighbourhood area.

The replacement of the plan by a new plan in relation to one or some of those areas does not affect the continuation in force of the plan in relation to the other area or areas.

Only one neighbourhood development plan may be made for each neighbourhood area.

Subsections (1)(c) and (2) are subject to section 61G(6D) of the principal Act (as applied by section 38C(5A) of this Act).

If to any extent a policy set out in a neighbourhood development plan conflicts with any other statement or information in the plan, the conflict must be resolved in favour of the policy.

A local planning authority must publish each neighbourhood development plan that they make in such manner as may be prescribed by regulations made by the Secretary of State.

Section 61K of the principal Act (meaning of “excluded development”) is to apply for the purposes of subsection (1)(b).

The following provisions of the principal Act are to apply in relation to neighbourhood development plans.

Section 61N(1) of the principal Act is to apply in accordance with subsection (2) of this section as if the reference to section 61E(4) or (8) of that Act were a reference to section 38A(4) or (6) of this Act.

Section 61G(6D) of the principal Act is to apply in relation to neighbourhood development plans as if it also provided that a modification under section 61G(6) of that Act of a designation of a neighbourhood area does not affect the continuation in force of a neighbourhood development plan even though, as a result of the modification, more than one plan has effect for the same area.

The fact that the list of applied provisions includes section 61N(2) and (3) of the principal Act is not to affect the operation of section 20(2) of the Interpretation Act 1978 in relation to other references to enactments applied in accordance with this section.

The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.

For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.

Schedule 1 further amends the principal Act.

In section 73 of the principal Act (determination of applications to develop land without compliance with conditions previously attached) subsection (3) is omitted.

In section 10(2) of the listed buildings Act (applications for listed buildings consent) the words from “shall be made” to “require and” are omitted.

In section 89(1) of that Act (application of certain provisions of the principal Act) after the entry relating to section 323 there is inserted— “ section 327A (compliance with requirements relating to applications), ”.

In section 78(2)(aa) of that Act after “70A” there is inserted “ or 70B ”.

This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after this section comes into force.

If subsection (2) applies the certificate under section 192 of the principal Act is of no effect.

A development order made for the purposes of section 55(2A) of the principal Act does not affect any operations begun before it is made.

This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.

This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after the commencement of the section.

Section 303 (fees for planning applications, etc) of the principal Act is amended as follows.

In subsection (4) after the first “prescribed” there is inserted “ charge or ”.

Subsection (6) is omitted.

This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any enactment.

At any time before an application is made for any permission, approval or consent mentioned in subsection (2) any person may in relation to a proposed development consult the consultee on any matter in respect of which the appropriate authority is or the local planning authority are required to consult the consultee.

Anything prescribed for the purposes of subsections (1) to (5) must be prescribed by development order.

Schedule 2 contains provisions about the time in which the Secretary of State must take certain decisions.

But Schedule 2 does not apply in relation to any decision taken in the exercise of a function in relation to Wales if the function is exercisable in relation to Wales by the National Assembly for Wales by virtue of an order under section 22 of the Government of Wales Act 1998 (c. 38).

There must be a plan, prepared and published by the Welsh Ministers, to be known as the National Development Framework for Wales.

The Framework must set out such of the policies of the Welsh Ministers in relation to the development and use of land in Wales as the Welsh Ministers consider appropriate.

The Framework may specify that development of a particular description, in a particular area or location, is to constitute development of national significance for the purposes of section 62D of the principal Act (development of national significance: applications to be made to Welsh Ministers).

The Framework must specify the period for which it is to have effect.

A plan ceases to be the National Development Framework for Wales on the expiry of the period specified under subsection (6).

The Welsh Ministers must prepare and publish a statement of public participation setting out their policies relating to the consultation to be carried out in preparing the National Development Framework for Wales.

The Welsh Ministers may revise the statement, and must publish the statement as revised.

The appraisal under subsection (1)(b) must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language.

If any resolution was passed or any recommendation was made as mentioned in subsection (4), the Welsh Ministers must also, not later than the day on which the Framework is published, lay before the National Assembly for Wales a statement explaining how they have had regard to the resolution or recommendation.

In this section, “the Assembly consideration period” means the period of 60 days beginning with the day on which a draft of the Framework is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

The Welsh Ministers must keep the National Development Framework for Wales under review.

The Welsh Ministers may revise the Framework at any time, and must publish the Framework as revised.

Sections 60A and 60B apply for the purposes of the revision of the Framework, as if references to the Framework (or a draft of the Framework) were references to the Framework as revised (or a draft of the Framework as revised).

Subsection (5) applies if the Welsh Ministers, having published a draft of a revised Framework in accordance with the statement of public participation, decide not to proceed with the revision of the Framework.

Paragraphs (a) and (b) of subsection (3) do not apply in relation to regulations that revoke or amend previous regulations under this section.

Schedule 2A contains provisions about strategic planning panels.

The Welsh Ministers may direct one or more local planning authorities to submit a proposal for an area to be designated as a strategic planning area under section 60D.

If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so.