Planning and Compulsory Purchase Act 2004

Part 2 E+W Local development

Modifications etc. (not altering text)

C1 Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))

Survey E+W

13 Survey of area E+W

(1) 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.

(2) These matters include—

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

(b) the principal purposes for which land is used in the area;

(c) the size, composition and distribution of the population of the area;

(d) the communications, transport system and traffic of the area;

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

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

(3) The matters also include—

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

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

(4) 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.

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

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

Commencement Information

I1 S. 13 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2 S. 13 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

14 Survey of area: county councils E+W

(1) 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.

(2) 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.

(3) 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).

(4) For the purposes of subsection (3)—

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

(b) 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.

(5) 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).

(6) 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)).

Commencement Information

I3 S. 14 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I4 S. 14 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F1 Register E+W

Textual Amendments

F1 S. 14A and cross-heading inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 151(1), 216(1)(d)

14A Register of land E+W

(1) The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which—

(a) is of a prescribed description, or

(b) satisfies prescribed criteria.

(2) 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.

(3) The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which—

(a) is of a prescribed description or satisfies prescribed criteria, and

(b) is not required by the regulations to be entered in the register.

(4) The regulations may—

(a) require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register;

(b) specify descriptions of land that are not to be entered in the register;

(c) confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it;

(d) require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so;

(e) specify information to be included in the register;

(f) make provision about revising the register.

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

(6) The regulations may confer power on the Secretary of State to require a local planning authority—

(a) to prepare or publish the register, or to bring the register up to date, by a specified date;

(b) to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register.

In this subsection “specified” means specified by the Secretary of State.

(7) In exercising their functions under the regulations, a local planning authority must have regard to—

(a) the development plan;

(b) national policies and advice;

(c) any guidance issued by the Secretary of State for the purposes of the regulations.

(8) 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).]

[F2 Development schemes E+W

Textual Amendments

F2 Ss. 15A-15LH and cross-headings substituted for ss. 15-37 and cross-headings (3.3.2026 for the purpose of making regulations only, excluding ss. 15A-15AI, 15K and 15LE(2)(a)(b)(c)(k)(l)(3); otherwise prosp.) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 7 (with s. 247); S.I. 2026/169, reg. 2

15 Local development scheme E+W

(1) The local planning authority must prepare and maintain a scheme to be known as their local development scheme.

(2) The scheme must specify—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (aa) the local development documents which are to be development plan documents;]

(b) the subject matter and geographical area to which each [F5 development plan document] is to relate;

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e) 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;

(f) the timetable for the preparation and revision of the [F8 development plan documents];

(g) such other matters as are prescribed.

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (3A) If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may—

(a) prepare a local development scheme for the authority, and

(b) direct the authority to bring that scheme into effect.]

(4) The Secretary of State [F11 or the Mayor of London] may direct the local planning authority to make such amendments to the scheme as he thinks appropriate [F12 for the purpose of ensuring [F13 full and effective coverage (both geographically and with regard to subject matter)] of the authority's area by the development plan documents (taken as a whole) for that area].

[F14 (4A) The Mayor of London—

(a) may give a direction under subsection [F15 (3A) or] (4) only if the local planning authority are a London borough, and

(b) 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.]

(5) [F16 A direction under subsection [F17 (3A) or] (4)] must contain the Secretary of State’s [F18 , or (as the case may be) the Mayor of London's,] reasons for giving it.

(6) The local planning authority must comply with a direction given under subsection [F19 (3A) or] (4). [F20 In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E).]

[F21 (6A) If at any time the Mayor of London gives a direction under subsection [F22 (3A) or] (4)—

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

(b) [F23 effect is not to be given to the direction] until such time as may be prescribed.

(6B) The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

(a) to disregard a direction given under subsection [F24 (3A) or] (4) by the Mayor of London, or

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

(6C) Such a direction must contain the Secretary of State's reasons for giving it.

(6D) If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(6E) The local planning authority must comply with any direction given by the Secretary of State under subsection (6B).]

[F25 (7) To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect.]

(8) The local planning authority must revise their local development scheme—

(a) at such time as they consider appropriate;

(b) when directed to do so by the Secretary of State [F26 or the Mayor of London]. [F27 In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F).]

[F28 (8A) The Mayor of London—

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

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

[F29 (8AA) A direction may be given under subsection (8)(b) only if [F30 —

(a)] the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring [F31 full and effective coverage (both geographically and with regard to subject matter)] of the authority's area by the development plan documents (taken as a whole) for that area.

[F32 , or

(b) the Secretary of State has published data standards under section 36(3) which apply to the local development scheme and the person giving the direction thinks that the scheme should be revised so that it complies with the standards.]]

(8B) If at any time the Mayor of London gives a direction under subsection (8)(b)—

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

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

(8C) The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London.

(8D) Such a direction must contain the Secretary of State's reasons for giving it.

(8E) If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(8F) The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).]

(9) Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.

[F33 (9A) The local planning authority must make the following available to the public—

(a) the up-to-date text of the scheme,

(b) a copy of any amendments made to the scheme, and

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

[F34 (10) Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.]

Textual Amendments

F3 S. 15(2)(a) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(a), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F4 S. 15(2)(aa) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F5 Words in s. 15(2)(b) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F6 S. 15(2)(c) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(d), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F7 Words in s. 15(2)(d) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F8 Words in s. 15(2)(f) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F9 S. 15(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(2), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

F10 S. 15(3A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(1), 216(3); S.I. 2016/733, reg. 3(c)

F11 Words in s. 15(4) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(4), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F12 Words in s. 15(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(3), 240(1)(h) (with s. 144)

F13 Words in s. 15(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F14 S. 15(4A) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(5), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F15 Words in s. 15(4A)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F16 Words in s. 15(5) substituted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F17 Words in s. 15(5) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F18 Words in s. 15(5) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F19 Words in s. 15(6) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F20 Words in s. 15(6) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(7), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F21 S. 15(6A)-(6E) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(8), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F22 Words in s. 15(6A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F23 Words in s. 15(6A)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(4), 240(1)(h) (with s. 144)

F24 Words in s. 15(6B)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F25 S. 15(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(5), 240(1)(h) (with s. 144)

F26 Words in s. 15(8)(b) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F27 Words in s. 15(8) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F28 S. 15(8A)-(8F) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(10), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F29 S. 15(8AA) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(6), 240(1)(h) (with s. 144)

F30 Word in s. 15(8AA) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(4)(a), 46(1); S.I. 2017/767, reg. 2(c)

F31 Words in s. 15(8AA) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F32 S. 15(8AA)(b) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(4)(b), 46(1); S.I. 2017/767, reg. 2(c)

F33 S. 15(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(7), 240(1)(h) (with s. 144)

F34 S. 15(10) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(11), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

Modifications etc. (not altering text)

C2 S. 15 applied (with modifications) (7.7.2005) by North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), arts. 1(2), 4(2)

C3 S. 15 applied (with modifications) (25.7.2008) by West Northamptonshire Joint Committee Order 2008 (S.I. 2008/1572), arts. 1, 4(2)

C4 S. 15 modified (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 22 (with regs. 1(2), 22(2))

C5 S. 15 applied (with modifications) (1.7.2009) by Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), arts. 1, 4(2)

C6 S. 15 applied (with modifications) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 3 para. 12

C7 S. 15 applied (with modifications) (5.7.2011) by The South East Lincolnshire Joint Strategic Planning Committee Order 2011 (S.I. 2011/1455), arts. 1, 4(2)

Commencement Information

I5 S. 15 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I6 S. 15 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

16 Minerals and waste development scheme E+W

(1) 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.

(2) 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.

(3) This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose—

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

(b) references to a local planning authority include references to a county council.

(4) But subsection (3) does not apply to—

(a) section 17(3);

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

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

(d) sections 29 to 31.

[F35 (5) Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).]]

Textual Amendments

F35 S. 16(5) inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 110(2), 240(5)(i) (with s. 144)

Commencement Information

I7 S. 16 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I8 S. 16 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F2 Plan timetables E+W

15B Local plan timetable E+W

(1) Each local planning authority must prepare and maintain a document to be known as their “local plan timetable”.

(2) The local plan timetable must specify—

(a) the matters which the authority’s local plan for their area is to deal with,

(b) the geographical area to which the authority’s local plan is to relate,

(c) any supplementary plans which the authority are to prepare,

(d) the subject matter and geographical area, site or sites to which each of those supplementary plans is to relate,

(e) how the authority propose to comply with the requirement in section 15F(1) (requirement in relation to design code),

(f) whether the authority’s local plan for their area is to be a joint local plan and, if so, each other local planning authority for whose area the joint local plan is to be their local plan,

(g) whether the authority are to prepare a joint supplementary plan and, if so, each other local planning authority who are to prepare that joint supplementary plan with them,

(h) 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 15J, and

(i) a timetable for the preparation of the authority’s local plan for their area, and any supplementary plans the authority are to make, which is consistent with this Part and any regulations made under it.

(3) If the local planning authority’s local plan for their area is to be a joint local plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the local plan timetable in accordance with subsection (2)(i), must be consistent with the timetable for that plan in the local plan timetable prepared by each other local planning authority who are to prepare that plan.

(4) If the local planning authority are a minerals and waste planning authority, the local plan timetable may incorporate the authority’s minerals and waste plan timetable.

(5) The Secretary of State may prescribe—

(a) the form and content of the local plan timetable;

(b) further matters which the local plan timetable must deal with.

(6) If a local planning authority have not prepared a local plan timetable, the Secretary of State or the Mayor of London may—

(a) prepare a local plan timetable for the authority, and

(b) direct the authority to bring that timetable into effect.

(7) The Secretary of State or the Mayor of London may direct the local planning authority to make such amendments to the local plan timetable as the Secretary of State or (as the case may be) Mayor thinks appropriate for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority’s area by the development plan for that area.

(8) To bring the local plan timetable into effect, the local planning authority must publish it, together with a statement that the timetable is to have effect.

(9) Once the local plan timetable has effect, the local planning authority must comply with it.

(10) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a local planning authority must revise their local plan timetable (and that provision may confer a power to direct that a local plan timetable is to be revised).

(11) Subsections (1) to (9) and section 15BA apply to the revision of a local plan timetable as they apply to the preparation of a local plan timetable.

(12) For further provision about directions under subsection (6) or (7), see section 15BA.

15BA Local plan timetable: further provision about directions under section 15B E+W

(1) The Mayor of London—

(a) may give a direction under section 15B(6) or (7) only if the local planning authority are a London borough council, and

(b) 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.

(2) A direction under section 15B(6) or (7)  must contain the Secretary of State’s, or (as the case may be) the Mayor of London’s, reasons for giving it.

(3) If at any time the Mayor of London gives a direction under section 15B(6) or (7)—

(a) the Mayor must at that time send a copy of the direction to the Secretary of State, and

(b) the direction is not to be given effect until such time as may be prescribed.

(4) The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

(a) to disregard a direction given under section 15B(6) or (7) by the Mayor of London, or

(b) to give effect to the direction with such modifications as may be specified in the Secretary of State’s direction.

(5) Such a direction must contain the Secretary of State’s reasons for giving it.

(6) If at any time the Secretary of State gives a direction under subsection (4), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(7) Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London’s functions under section 15B(6) or (7) of giving a direction.

15BB Minerals and waste plan timetable E+W

(1) Each minerals and waste planning authority must prepare and maintain a document to be known as their “minerals and waste plan timetable”.

(2) The minerals and waste plan timetable must specify—

(a) the matters which will be dealt with by the minerals and waste plan for the relevant area,

(b) the geographical area to which the authority’s minerals and waste plan is to relate,

(c) any supplementary plans which the minerals and waste planning authority are to make,

(d) the subject matter and geographical area, site or sites to which each supplementary plan is to relate,

(e) whether the minerals and waste plan for the authority’s area is to be a joint minerals and waste plan and, if so, each other minerals and waste planning authority for whose relevant area the joint minerals and waste plan is to be the minerals and waste plan,

(f) whether the authority are to prepare a joint supplementary plan and, if so, each other minerals and waste planning authority who are to prepare that joint supplementary plan with them, and

(g) a timetable for the preparation of the minerals and waste plan for the relevant area, and any supplementary plans the authority are to make, which is consistent with this Part and any regulations made under it.

(3) If the minerals and waste plan for the relevant area is to be a joint minerals and waste plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the minerals and waste plan timetable in accordance with subsection (2)(g), must be consistent with the timetable for that plan in the minerals and waste plan timetable prepared by each other minerals and waste planning authority who are to prepare that plan.

(4) Sections 15B(5) to (12), 15BA and 15LE apply in relation to a minerals and waste plan timetable as they apply in relation to a local plan timetable and for that purpose—

(a) references to a local plan timetable are to be read as references to a minerals and waste plan timetable,

(b) references to a local plan are to be read as references to a minerals and waste plan,

(c) references to a local planning authority are to be read as references to a minerals and waste planning authority, and

(d) references to a local planning authority’s area are to be read as references to a minerals and waste planning authority’s relevant area.

(5) In this section “joint minerals and waste plan” means a minerals and waste plan prepared jointly by two or more minerals and waste planning authorities for their combined relevant areas under sections 15I and 15IA (as applied by section 15CB(8)).

Local, minerals and waste and supplementary plans E+W

15C Local plans E+W

(1) Each local planning authority must prepare a document to be known as their “local plan”.

(2) Only one local plan may have effect in relation to a local planning authority’s area at any one time.

(3) The local plan must set out policies of the local planning authority (however expressed) in relation to the amount, type and location of, and timetable for, development in the local planning authority’s area.

(4) The local plan may include—

(a) other policies (however expressed) in relation to the use or development of land in the local planning authority’s area which are designed to achieve objectives that relate to the particular characteristics or circumstances of their area, any part of their area or one or more specific sites in their area;

(b) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under subsection (3) or paragraph (a) of this subsection, would give rise;

(c) requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, in any part of their area or at one or more specific sites in their area, which the local planning authority consider should be met for planning permission for the development to be granted.

(5) The Secretary of State may prescribe further matters which the local plan may, or must, deal with.

(6) The local plan must be designed to secure that the use and development of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change.

(7) The local plan must take account of any local nature recovery strategy that relates to all or part of the local planning authority’s area, including in particular—

(a) the areas identified in the strategy as areas which—

(i) are, or could become, of particular importance for biodiversity, or

(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and

(c) the proposals set out in the strategy as to potential measures relating to those priorities.

(8) The local plan must take account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed.

(9) The local plan must not—

(a) include anything that is not permitted or required by or under subsections (3) to (5) or (10) or regulations under section 15CA(8)(a), or

(b) be inconsistent with or (in substance) repeat any national development management policy.

(10) References in this section to development do not include minerals and waste development, but where the local planning authority is the minerals and waste planning authority for any part of their area, their local plan may incorporate all or part of their minerals and waste plan.

15CA Local plans: preparation and further provision E+W

(1) A local plan must be prepared in accordance with the local planning authority’s local plan timetable.

(2) A local plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area of the local planning authority.

(3) The local planning authority must, at such times as may be prescribed, seek observations or advice in relation to a proposed local plan, from a person appointed by the Secretary of State.

(4) The Secretary of State may require the local planning authority to—

(a) reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, appointing a person under subsection (3), or

(b) pay any fees and expenses of a person appointed by the Secretary of State under subsection (3).

(5) The local planning authority must, as soon as is reasonably practicable, publish any observations or advice they receive from a person appointed by the Secretary of State under subsection (3).

(6) In preparing their local plan, a local planning authority must have regard to—

(a) any observations or advice received from a person appointed by the Secretary of State under subsection (3),

(b) any responses to a consultation, provided for in regulations under section 15LE, in connection with the preparation of the local plan,

(c) national development management policies,

(d) other national policies and advice contained in guidance issued by the Secretary of State,

(e) the National Planning Framework for Scotland, if any part of the authority’s area adjoins Scotland,

(f) the National Development Framework for Wales, if any part of the authority’s area adjoins Wales,

(g) any other part of the development plan for the authority’s area which has effect,

(h) any neighbourhood priorities statement—

(i) which has effect for part of the authority’s area, and

(ii) to which the authority has not already had regard in preparing another local plan previously adopted or approved under this Part, and

(i) such other matters as the Secretary of State prescribes.

(7) A local plan has effect only in so far as it or any part of it is adopted or approved under this Part.

(8) Regulations made by the Secretary of State may—

(a) prescribe the form and content of a local plan;

(b) make provision as to any further documents which must be prepared by the authority in connection with the preparation of a local plan (including the form and content of such documents);

(c) prescribe the nature of the observations or advice which must be sought under subsection (3);

(d) prescribe documents or information which must be provided by the local planning authority to a person appointed by the Secretary of State under subsection (3) (including the form and content of such documents);

(e) prescribe the form and content of observations or advice provided under subsection (3);

(f) prescribe when the local planning authority is to have regard to something mentioned in subsection (6);

(g) prescribe when any step in, or in connection with, the preparation of the local plan must be taken;

(h) make provision as to when, or in what circumstances, a new local plan is to be prepared to replace the existing one.

15CB Minerals and waste plan E+W

(1) Each minerals and waste planning authority must, in respect of their relevant area, prepare one or more documents which are to be known collectively as their “minerals and waste plan”.

(2) The minerals and waste plan must set out policies of the minerals and waste planning authority (however expressed) in relation to the amount, type and location of, and timetable for, minerals and waste development, in the relevant area.

(3) The minerals and waste plan may include—

(a) other policies (however expressed) in relation to—

(i) minerals and waste development in the relevant area, which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area;

(ii) development other than minerals and waste development, which are designed to secure that minerals and waste development in the relevant area can take place;

(b) details of any infrastructure requirements to which minerals and waste development in accordance with the policies, included in the plan under subsection (2) or paragraph (a) of this subsection, would give rise.

(4) The Secretary of State may prescribe further matters relating to minerals and waste development which the minerals and waste plan may, or must, deal with.

(5) The minerals and waste plan must be designed to secure that minerals and waste development in the relevant area contributes to the mitigation of, and adaptation to, climate change.

(6) The minerals and waste plan must take account of any local nature recovery strategy that relates to all or part of the relevant area, including in particular—

(a) the areas identified in the strategy as areas which—

(i) are, or could become, of particular importance for biodiversity, or

(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and

(c) the proposals set out in the strategy as to potential measures relating to those priorities.

(7) The minerals and waste plan must not—

(a) include anything that is not permitted or required by or under subsections (2) to (4) or regulations under section 15CA(8)(a) (as applied by subsection (8)), or

(b) be inconsistent with or (in substance) repeat any national development management policy.

(8) This Part applies in relation to a minerals and waste plan as it applies in relation to a local plan and for that purpose—

(a) references to a local plan timetable are to be read as references to a minerals and waste plan timetable,

(b) references to a local plan are to be read as references to a minerals and waste plan,

(c) references to a local planning authority are to be read as references to a minerals and waste planning authority, and

(d) references to a local planning authority’s area are to be read as references to a minerals and waste planning authority’s relevant area.

(9) Subsection (8) is subject to such modifications of this Part, as it applies in relation to a minerals and waste plan, as may be prescribed.

(10) Subsection (8) does not apply to—

(a) sections 15B and 15BA;

(b) section 15C;

(c) section 15CC;

(d) sections 15J to 15JB;

(e) section 15LB(2);

(f) sections 15LC(3)(c) and 15LD.

15CC Supplementary plans E+W

(1) Each relevant plan-making authority may prepare one or more documents, each of which is to be known as a “supplementary plan”.

(2) A supplementary plan prepared by the Mayor of London may include requirements with respect to design that relate to development, or development of a particular description, throughout Greater London, which the Mayor considers should be met for planning permission for the development to be granted.

(3) A supplementary plan prepared by a local planning authority may include—

(a) policies (however expressed) in relation to the amount, type and location of, or timetable for, development at a specific site in their area or at two or more specific sites in their area which the authority consider to be nearby to each other;

(b) other policies (however expressed) in relation to the use or development of land in the local planning authority’s area which are designed to achieve objectives that relate to the particular characteristics or circumstances of a specific site in their area or two or more specific sites in their area which the authority consider to be nearby to each other;

(c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with any policies, included in the plan under paragraph (a) or (b), would give rise;

(d) requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, in any part of their area or at one or more specific sites in their area, which the local planning authority consider should be met for planning permission for the development to be granted.

(4) References in subsection (3) to development do not include minerals and waste development.

(5) A supplementary plan prepared by a minerals and waste planning authority may include—

(a) policies (however expressed) in relation to the amount, type and location of, or timetable for, minerals and waste development at one or more specific sites in the relevant area or at two or more specific sites in that area which the authority consider to be nearby to each other;

(b) other policies (however expressed) in relation to—

(i) minerals and waste development in the relevant area which are designed to achieve objectives that relate to the particular characteristics or circumstances of a specific site in that area or two or more specific sites in that area which the authority consider to be nearby to each other;

(ii) development other than minerals and waste development, which are designed to secure that minerals and waste development can take place at a specific site in the relevant area or two or more specific sites in that area which the authority consider to be nearby to each other;

(c) details of any infrastructure requirements to which minerals and waste development in accordance with any policies, included in the plan under paragraph (a) or (b), would give rise.

(6) The Secretary of State may prescribe further matters which a supplementary plan may include.

(7) A supplementary plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area or a site to which the plan relates.

(8) In preparing a supplementary plan, the relevant plan-making authority must have regard to any other part of the development plan which has effect for the area or a site to which the plan relates.

(9) So far as the relevant plan-making authority consider appropriate, having regard to the subject matter of the supplementary plan, the plan must—

(a) be designed to secure that the development and use of land in the authority’s area contribute to the mitigation of, and adaptation to, climate change, and

(b) take account of any local nature recovery strategy which relates to all or part of the area to which the plan relates or to an area in which a site to which the plan relates is located, including in particular—

(i) the areas identified in the strategy as areas which—

(A) are, or could become, of particular importance for biodiversity, or

(B) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

(ii) the priorities set out in the strategy for recovering or enhancing biodiversity, and

(iii) the proposals set out in the strategy as to potential measures relating to those priorities.

(10) A supplementary plan must not—

(a) include anything which is not permitted or required by or under subsections (2) to (6), or

(b) be inconsistent with or (in substance) repeat any national development management policy.

(11) The Secretary of State may by regulations make provision about the preparation, withdrawal or revision of supplementary plans.

(12) Regulations under subsection (11)—

(a) may apply, or make provision corresponding to, any provision made by or under this Part in relation to the preparation, withdrawal or revision of a local plan, with or without modifications;

(b) must require a proposed supplementary plan to be the subject of consultation with the public.

(13) A supplementary plan has effect only in so far as it or any part of it is adopted or approved under this Part.

Examination of plans E+W

15D Independent examination: local plans E+W

(1) A local planning authority must submit their proposed local plan to the Secretary of State for independent examination if a person appointed by the Secretary of State under section 15CA(3) advises that the prescribed requirements are met in relation to the plan.

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

(3) The Secretary of State may prescribe the manner in which the local plan, or any document or information to be sent under subsection (2), is to be sent.

(4) The examination must be carried out by a person appointed by the Secretary of State (“the examiner”).

(5) The purpose of the independent examination is to determine whether it is reasonable to conclude that the local plan is sound.

(6) Any person who makes representations in relation to the local plan must (if that person so requests) be given the opportunity to appear before and be heard by the examiner.

(7) At any time before the examiner makes a recommendation under any of the following subsections, if the examiner considers that—

(a) certain matters need to be dealt with in order for it to become reasonable to conclude that the local plan is sound, and

(b) those matters could be dealt with by pausing the examination under section 15DA for further work to be carried out,

the examiner may decide that the examination is to be so paused.

(8) The Secretary of State may by notice to the examiner—

(a) direct the examiner not to take any step, or any further step, in connection with the examination of the local plan, or of a specified part of it, until a specified time or until the direction is withdrawn;

(b) require the examiner—

(i) to consider any specified matters;

(ii) to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the examiner;

(iii) to take any specified procedural step in connection with the examination.

In this subsection “specified” means specified in the notice.

(9) Where the examiner—

(a) has carried out the examination, and

(b) considers that, in all the circumstances, it would be reasonable to conclude that the local plan is sound,

the examiner must recommend that the local plan is adopted and give reasons for the recommendation.

(10) Subsections (11) and (12) apply where the examiner—

(a) has carried out the examination, and

(b) is not required by subsection (9) to recommend that the local plan is adopted.

(11) If the examiner considers that, if certain modifications were made to the local plan, it would become reasonable to conclude that the plan is sound, the examiner must—

(a) recommend that those modifications are made and that the plan is then adopted, and

(b) give reasons for the recommendation.

(12) If the examiner is not required by subsection (11) to recommend that the local plan is adopted with modifications and the examination is not paused or to be paused under section 15DA, the examiner must—

(a) recommend that the local plan is withdrawn, and

(b) give reasons for the recommendation.

(13) The local planning authority must publish the recommendations and reasons they receive under this section.

15DA Pause of independent examination for further work E+W

(1) This section applies if the examiner decides under section 15D(7) that the examination under that section is to be paused under this section for further work to be carried out.

(2) The examiner must notify the local planning authority and the Secretary of State—

(a) that the examiner has taken that decision,

(b) of the matters which the examiner considers need to be dealt with in order for it to become reasonable to conclude that the local plan is sound, and

(c) of the period for which the examination under section 15D is to be paused under this section (“the pause period”).

(3) The pause period may not—

(a) begin earlier than the day on which notice is given to the local planning authority under subsection (2), nor

(b) be longer than such period as may be prescribed

(4) The examination under section 15D is suspended at the beginning of the pause period.

(5) During the pause period, the local planning authority must take steps to deal with the matters notified to them under subsection (2)(b).

(6) Before the end of the pause period, the local planning authority must send to the examiner—

(a) a document—

(i) setting out what the authority have done during the pause period to deal with the matters notified to them under subsection (2)(b), and

(ii) setting out any modifications to the local plan that the authority propose to make in order to make it sound or stating that the authority do not propose to make any such modifications, and

(b) any further evidence as to the soundness of the plan which the local planning authority may have.

(7) The local planning authority must publish the document and any evidence sent under subsection (6).

(8) If the examiner considers, at the end of the pause period, that the matters notified to the local planning authority under subsection (2)(b) have not been dealt with, with the result that there is no prospect of it becoming reasonable to conclude that the local plan is sound, the examiner must—

(a) recommend that the local plan is withdrawn, and

(b) give reasons for the recommendation.

(9) If the examiner does not make a recommendation under subsection (8), the examination under section 15D is resumed.

(10) The local planning authority must publish any recommendation and reasons they receive under this section.

15DB Independent examination: supplementary plans E+W

(1) A relevant plan-making authority must submit each supplementary plan that they propose to adopt for independent examination.

(2) The supplementary plan must be submitted to—

(a) the Secretary of State, in order for the examination to be carried out by a person appointed by the Secretary of State, or

(b) a person who, in the opinion of the relevant plan-making authority—

(i) is independent of the authority,

(ii) does not have an interest in any land that may be affected by the supplementary plan, and

(iii) has appropriate qualifications and experience.

(3) In the following provisions of this section, the person appointed by the Secretary of State under paragraph (a) of subsection (2), or (as the case may be) the person to whom the supplementary plan is submitted under paragraph (b) of that subsection, is “the examiner”.

(4) The authority must also send or make available to the examiner (in addition to the supplementary plan) such other documents (or copies of documents) and such information as is prescribed.

(5) The purpose of the independent examination is to determine in respect of the supplementary plan—

(a) whether the requirements of section 15CC, and regulations under subsection (11) of that section relating to the preparation of the plan, have been met, and

(b) whether the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant.

(6) The general rule is that the independent examination is to take the form of written representations.

(7) But the examiner must cause a hearing to be held for the purposes of receiving oral representations in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of an issue or that a person has a fair chance to put a case.

(8) If a hearing is held under subsection (7), any person who makes representations about the matters mentioned in subsection (5) must (if that person so requests) be given the opportunity to appear before and be heard by the examiner

(9) Where the examiner considers that, in all the circumstances, it would be reasonable to conclude—

(a) that the requirements mentioned in subsection (5)(a) have been met, and

(b) the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant,

the examiner must recommend that the supplementary plan is adopted and give reasons for the recommendation.

(10) Subsections (11) and (12) apply where the examiner—

(a) has carried out the examination, and

(b) is not required by subsection (9) to recommend that the supplementary plan is adopted.

(11) If the examiner considers that—

(a) certain modifications of the supplementary plan would result in it being reasonable to conclude, in all the circumstances, that the requirements mentioned in subsection (5)(a) are met, and

(b) it is, in all the circumstances, reasonable to conclude that the relevant plan-making authority have had regard to any guidance issued by the Secretary of State which may be relevant,

the examiner must recommend that those modifications are made and that the plan is then adopted and give reasons for the recommendation.

(12) Where the examiner has carried out the examination and is not required by subsection (11) to recommend that the supplementary plan is adopted with modifications, the examiner must—

(a) recommend that the supplementary plan is withdrawn, and

(b) give reasons for the recommendation.

(13) The relevant plan-making authority must publish the recommendations and reasons they receive under this section.

Withdrawal and adoption of plans E+W

15E Withdrawal of a local plan E+W

(1) A local planning authority may, at any time before they are required to submit a local plan for independent examination under section 15D, withdraw the plan.

(2) After a local plan has been submitted for independent examination, the local planning authority may only withdraw the plan—

(a) if the person appointed to carry out the examination recommends that they do so and the Secretary of State has not directed that it is not to be withdrawn, or

(b) the Secretary of State directs that the plan is to be withdrawn.

(3) The Secretary of State may at any time—

(a) after a local plan has been submitted for independent examination under section 15D, but

(b) before it is adopted under section 15EA,

direct the local planning authority to withdraw the plan.

15EA Adoption of local plan or supplementary plan E+W

(1) Where the person appointed to carry out the independent examination of a local plan recommends that the plan as originally prepared is adopted, the local planning authority may adopt it—

(a) as originally prepared, or

(b) with modifications that (taken together) do not materially affect its contents.

(2) Where the person appointed to carry out the independent examination of a local plan recommends that the plan is adopted with modifications, the local planning authority may adopt it—

(a) with those modifications, or

(b) with those modifications, along with further modifications if the further modifications (taken together) do not materially affect its contents.

(3) Where the person appointed to carry out the independent examination of a supplementary plan recommends that the plan as originally prepared is adopted, the relevant plan-making authority may adopt it—

(a) as originally prepared, or

(b) with modifications that (taken together) do not materially affect its contents.

(4) Where the person appointed to carry out the independent examination of a supplementary plan recommends that the plan is adopted with modifications, the relevant plan-making authority may adopt it—

(a) with those modifications, or

(b) with those modifications, along with further modifications if the further modifications (taken together) do not materially affect its contents.

(5) An authority must not adopt a local plan or supplementary plan unless they do so in accordance with subsection (1), (2), (3) or (4).

(6) A plan is adopted by a local planning authority, or a minerals and waste planning authority, if it is adopted by a resolution of the authority.

(7) The Mayor of London adopts a supplementary plan by publishing it, together with a statement that the plan is to have effect.

Requirement in relation to design code E+W

15F Design code for whole area E+W

(1) A local planning authority must ensure that, for every part of their area, the development plan includes requirements with respect to design that relate to development, or development of a particular description, which the authority consider should be met for planning permission for the development to be granted.

(2) Subsection (1) does not require the local planning authority to ensure—

(a) that there are requirements for every description of development for every part of their area, or

(b) that there are requirements in relation to every aspect of design.

Revocation and revision of plans E+W

15G Revocation of local plans and supplementary plans E+W

(1) A local plan is revoked upon a new local plan for the local planning authority’s area being adopted or approved under this Part.

(2) The Secretary of State—

(a) may revoke a local plan at the request of the local planning authority;

(b) may revoke a supplementary plan at the request of the relevant plan-making authority;

(c) may prescribe descriptions of supplementary plan which may be revoked by the relevant plan-making authority themselves.

15GA Revision of local plan E+W

(1) A local planning authority may, at any time after their local plan has come into effect, prepare a revision of it.

(2) If the Secretary of State directs them to do so after the local plan comes into effect, a local planning authority must prepare a revision of the local plan, in accordance with such timetable as the Secretary of State directs.

(3) Subsection (4) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.

(4) As soon as practicable after the occurrence of a relevant event—

(a) the authority must consider whether their local plan should be changed in the light of the enterprise zone scheme;

(b) if they think that any changes to their local plan are required in consequence of the scheme they must prepare a revision to their local plan to give effect to the changes.

(5) The following are relevant events—

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

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

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

(7) This Part applies in relation to a revision under this section as it applies in relation to a local plan, subject to such modifications as may be prescribed.

Intervention powers in relation to plans E+W

15H Power to require Secretary of State approval E+W

(1) At any time before a proposed local plan is adopted by a local planning authority, the Secretary of State may direct the local planning authority to submit the plan (or any part of it) to the Secretary of State for approval.

(2) At any time before a proposed supplementary plan is adopted by a relevant plan-making authority, the Secretary of State may direct the relevant plan-making authority to submit the plan (or any part of it) to the Secretary of State for approval.

(3) Where the Secretary of State gives a direction under subsection (1) or (2)—

(a) the authority must not take any step in connection with the adoption of the plan until the Secretary of State gives the Secretary of State’s decision or withdraws the direction;

(b) if the direction is given, and not withdrawn, before the authority have submitted the plan for independent examination, the Secretary of State must hold an independent examination;

(c) if the direction is given after the authority have submitted the plan for independent examination but before the person appointed to carry out the examination has made recommendations, and is not withdrawn before those recommendations are made, the person must make the recommendations to the Secretary of State.

(4) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (3)(b).

(5) In the case of an examination of a supplementary plan held under subsection (3)(b)—

(a) subsections (5) to (12) of section 15DB apply, and

(b) the examiner is to be a person appointed by the Secretary of State.

(6) The Secretary of State must publish the recommendations made to the Secretary of State by virtue of subsection (3)(c) and the reasons of the person making the recommendations.

(7) In relation to a plan or part of a plan submitted under subsection (1) or (2), the Secretary of State—

(a) may approve, approve subject to modifications or reject the plan or part, and

(b) must give reasons for the decision under paragraph (a).

(8) In the exercise of any function under this section the Secretary of State—

(a) may take account of any matter which the Secretary of State thinks is relevant (regardless of whether the matter was taken account of by the authority), and

(b) must have regard to the local plan timetable and minerals and waste plan timetable, so far as relevant.

15HA Secretary of State powers where local planning authority are failing etc E+W

(1) This section applies if the Secretary of State thinks that—

(a) a local planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan,

(b) a local plan or supplementary plan is, is going to be or may be unsatisfactory, or

(c) a proposed revision of a local plan or supplementary plan will, or may, result in the plan becoming unsatisfactory.

(2) The Secretary of State may—

(a) if the plan has not come into effect, take over preparation of the plan from the relevant authority;

(b) if the plan has come into effect, revise the plan;

(c) give directions to the relevant authority in relation to—

(i) the preparation or adoption of the plan (including a direction requiring the plan to be modified in accordance with the direction);

(ii) the revocation or revision of the plan (including a direction requiring the plan to be revised in accordance with the direction or a direction revoking the plan).

(3) The Secretary of State may appoint a person (a “local plan commissioner”) to—

(a) investigate and report to the Secretary of State, or

(b) do any of the things that may be done under subsection (2), on the Secretary of State’s behalf.

(4) Subsections (5) to (10) apply if preparation of the plan is taken over under subsection (2)(a) or (3)(b).

(5) The Secretary of State or (as the case may be) the local plan commissioner must publish a document setting out—

(a) their timetable for preparing the plan, and

(b) if they intend to depart from anything specified in a local plan timetable in relation to the plan, details of how they intend to depart from it.

(6) The Secretary of State must—

(a) hold an independent examination of the plan or (as the case may be) direct the local plan commissioner to submit the plan for independent examination, or

(b) direct the relevant authority to submit the plan for independent examination under section 15D or (as the case may be) 15DB.

(7) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (6)(a), reading references to the local planning authority as references to the Secretary of State or (as the case may be) the local plan commissioner.

(8) In the case of an examination of a supplementary plan held under subsection (6)(a)—

(a) subsections (5) to (12) of section 15DB apply, reading references to the relevant plan-making authority as references to the Secretary of State or (as the case may be) the local plan commissioner, and

(b) the examiner is to be a person appointed by the Secretary of State or the local plan commissioner.

(9) The Secretary of State must either—

(a) publish the recommendations and reasons of the person appointed to hold the examination, or

(b) give directions to the relevant authority or local plan commissioner in relation to publication of those recommendations and reasons.

(10) The Secretary of State or local plan commissioner may then—

(a) approve the plan or approve it subject to modifications,

(b) direct the relevant authority to consider adopting the plan, or

(c) reject the plan.

(11) Subsections (5) to (10) (and the provisions applied by them) apply in relation to a revision to a plan under subsection (2)(b) or (3)(b) as they apply to a plan prepared under subsection (2)(a) or (3)(b).

(12) In the exercise of any function under this section, the Secretary of State or local plan commissioner may take account of any matter which the Secretary of State or local plan commissioner thinks is relevant (regardless of whether the matter was taken account of by the relevant authority).

(13) The Secretary of State must give reasons for anything the Secretary of State does in pursuance of subsection (2) or (10).

(14) A local plan commissioner must give reasons for anything the commissioner does in pursuance of subsection (3)(b) or (10).

(15) In this section “relevant authority”—

(a) in relation to a local plan, means the local planning authority, or

(b) in relation to a supplementary plan, means the relevant plan-making authority.

15HB Secretary of State powers where local planning authority fails to ensure design code E+W

(1) This section applies where the Secretary of State considers that a local planning authority are unlikely to comply, or have not complied, with the requirement in section 15F(1).

(2) The Secretary of State may give directions to the local planning authority as to the steps they must take to comply with that requirement, including directions as to the preparation, adoption or revision of their local plan or one or more supplementary plans.

(3) The Secretary of State must give reasons for any directions given under this section.

15HC Liability for Secretary of State’s costs of intervention E+W

(1) The Secretary of State may require the relevant authority to—

(a) reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under any of sections 15H to 15HB, or

(b) pay any fees and expenses of a local plan commissioner appointed under section 15HA(3).

(2) Where a function under any of those sections is exercised in relation to a joint local plan or joint supplementary plan, the Secretary of State may apportion liability for such expenditure on such basis as the Secretary of State thinks just and reasonable between the authorities who are jointly preparing, or have jointly prepared, the plan.

(3) In subsection (1) “relevant authority” means—

(a) where the function is exercised, or the local plan commissioner is appointed, in relation a local plan, the local planning authority;

(b) where the function is exercised, or the local plan commissioner is appointed, in relation to a supplementary plan, the relevant plan-making authority.

15HD Default powers exercisable by Mayor of London, combined authority, combined county authority or county council E+W

Schedule A1 (default powers exercisable by Mayor of London, combined authority, combined county authority or county council) has effect.

15HE Temporary direction pending possible use of intervention or default powers E+W

(1) If the Secretary of State is considering whether to take action under section 15H, 15HA or 15HB or Schedule A1 in relation to a local plan or a supplementary plan, the Secretary of State may direct the local planning authority or (as the case may be) the relevant plan-making authority not to take any step, or not to take a step specified in the direction, in connection with the plan—

(a) until a time or event (if any) specified in the direction, or

(b) until the direction is withdrawn.

(2) A plan to which a direction under this section relates has no effect while the direction is in force.

(3) A direction given under this section in relation to a plan ceases to have effect if—

(a) the Secretary of State—

(i) gives a direction under section 15H, 15HA(2)(c) or (10)(b) or 15HB(2) or paragraph 8(5) of Schedule A1 in relation to the plan, or

(ii) approves the plan under section 15HA(10)(a),

(b) a local plan commissioner—

(i) gives a direction under section 15HA(3)(b), or

(ii) approves the plan under section 15HA(10)(a),

(c) the Mayor of London does anything under paragraph 2(4) of Schedule A1,

(d) a combined authority does anything under paragraph 6(4) of that Schedule, or

(e) a county council does anything under paragraph 7C(4) of that Schedule.

Joint plans E+W

15I Joint local plans by agreement or direction E+W

(1) A joint local plan is a local plan prepared jointly by two or more local planning authorities for their combined areas.

(2) Two or more local planning authorities may agree to prepare a joint local plan (a “joint local plan agreement”).

(3) The Secretary of State may direct two or more local planning authorities to prepare a joint local plan (a “joint local plan direction”).

(4) The Secretary of State may give a joint local plan direction to a local planning authority whether or not the authority’s local plan timetable specifies that their local plan for their area is to be a joint local plan.

(5) The Secretary of State may give a joint local plan direction 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.

(6) A joint local plan direction may specify the timetable for preparation of the joint local plan.

(7) The Secretary of State must, when giving a joint local plan direction, notify the local planning authorities to which it applies of the reasons for giving it.

(8) If the Secretary of State gives a joint local plan direction, the Secretary of State may direct the local planning authorities to which it is given to amend their local plan timetables to take account of the direction.

(9) The Secretary of State may modify or withdraw a joint local plan direction by notice in writing to the authorities to which it was given.

(10) The Secretary of State must, when modifying or withdrawing a joint local plan direction, notify the local planning authorities to which it was given of the reasons for the modification or withdrawal.

15IA Joint local plans: application of Part E+W

(1) This section applies in a case where—

(a) a joint local plan agreement is made, or

(b) a joint local plan direction is given.

(2) This Part applies for the purposes of any step which may be, or is required to be, taken in relation to the joint local plan as it applies for the purposes of any step which may be, or is required to be, taken in relation to a local plan.

(3) 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 plan must be done by or in relation to each of the relevant authorities in connection with the joint local plan.

(4) Subsections (2) and (3) are subject to such modifications of this Part, as it applies to joint local plans, as may be prescribed.

(5) If the relevant authorities include one or more authorities in relation to whose area a spatial development strategy is operative, the requirements of this Part in relation to the spatial development strategy, which apply to or in respect of local plans, apply—

(a) to or in respect of the joint local plan, and

(b) in relation to such of the area to which the joint local plan relates as the spatial development strategy is operative in relation to.

(6) In this section “the relevant authorities” are the local planning authorities who are to prepare a joint local plan in accordance with the joint local plan agreement or joint local plan direction.

15IB Joint local plan agreement or direction: withdrawal or modification E+W

(1) This section applies if—

(a) a relevant authority withdraw from a joint local plan agreement,

(b) the Secretary of State withdraws a joint local plan direction, or

(c) the Secretary of State modifies a joint local plan direction so that it ceases to apply to one or more of the relevant authorities to which it was given.

(2) Any step taken in relation to the joint local plan must be treated as a step taken by—

(a) a relevant authority for the purposes of any corresponding local plan prepared by them;

(b) two or more other relevant authorities for the purposes of any corresponding joint local plan.

(3) Any independent examination of the joint local plan must be suspended.

(4) If, before the end of the period prescribed for the purposes of this subsection, a relevant authority request the Secretary of State to do so, the Secretary of State may direct that—

(a) the examination is resumed in relation to—

(i) any corresponding local plan prepared by a relevant authority, or

(ii) any corresponding joint local plan prepared by two or more of the relevant authorities;

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

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

(6) For the purposes of this section references to the joint local plan are to the joint local plan to which the joint local plan agreement or (as the case may be) joint local plan direction related.

(7) In this section “the relevant authorities” are the local planning authorities—

(a) who were party to the joint local plan agreement immediately before the authority mentioned in subsection (1)(a) withdrew from it, or

(b) to whom the joint local plan direction applied immediately before it was withdrawn or modified by the Secretary of State.

15IC Joint supplementary plans by agreement E+W

(1) Two or more local planning authorities may agree to prepare a joint supplementary plan under section 15CC, in which case in relation to that plan references in subsection (3) of that section to the area of the local planning authority are to be read as references to the combined areas of the relevant authorities.

(2) Two or more minerals and waste planning authorities may agree to prepare a joint supplementary plan under section 15CC, in which case in relation to that plan references in subsection (5) of that section to the relevant area are to be read as references to the combined relevant areas of the relevant authorities.

(3) This Part applies for the purposes of any step which may be, or is required to be, taken in relation to the joint supplementary plan as it applies for the purposes of any step which may be, or is required to be, taken in relation to a supplementary plan.

(4) For the purposes of subsection (3) anything which must be done by or in relation to a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan must be done by or in relation to each of the relevant authorities in connection with the joint supplementary plan.

(5) Subsections (3) and (4) are subject to such modifications of this Part, as it applies to joint supplementary plans, as may be prescribed.

(6) If the relevant authorities include one or more authorities in relation to whose area a spatial development strategy is operative, the requirements of this Part in relation to the spatial development strategy, which apply to or in respect of supplementary plans, apply—

(a) to or in respect of the joint supplementary plan, and

(b) in relation to such of the area to which the joint supplementary plan relates as the spatial development strategy is operative in relation to.

(7) Subsections (8) to (10) apply if a relevant authority withdraws from an agreement mentioned in subsection (1) or (2).

(8) Any step taken in relation to the joint supplementary plan must be treated as a step taken by—

(a) a relevant authority for the purposes of any corresponding supplementary plan prepared by them;

(b) two or more other relevant authorities for the purposes of any corresponding joint supplementary plan.

(9) Any independent examination of the joint supplementary plan must be suspended.

(10) If, before the end of the period prescribed for the purposes of this subsection, any of the relevant authorities request the Secretary of State to do so, the Secretary of State may direct that—

(a) the examination is resumed in relation to—

(i) any corresponding supplementary plan prepared by any of the relevant authorities, or

(ii) any corresponding joint supplementary plan prepared by two or more of the relevant authorities;

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

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

(12) A joint supplementary plan is a supplementary plan prepared jointly by two or more relevant authorities in accordance with this section.

(13) In this section “the relevant authorities” means the authorities who enter into the agreement mentioned in subsection (1) or (as the case may be) (2).

Joint committees E+W

15J Joint committees E+W

(1) This section applies if one or more local planning authorities agree with one or more county councils in relation to any area of such a council for which there is also a district council to establish a joint committee to be, for the purposes of this Part, the local planning authority—

(a) for the area specified in the agreement;

(b) in respect of such purposes as are so specified.

(2) The Secretary of State may by regulations constitute a joint committee to be the local planning authority—

(a) for the area;

(b) in respect of those purposes.

(3) Such regulations—

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

(b) 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.

(4) Regulations under subsection (3)(b) may include provision—

(a) corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972;

(b) applying (with or without modifications) such enactments relating to local authorities as the Secretary of State thinks appropriate;

(c) modifying the application of this Part in relation to the joint committee.

(5) For the purposes of subsection (4) a local authority is any of the following—

(a) a county council;

(b) a district council;

(c) a London borough council.

(6) If regulations under this section are annulled in pursuance of a resolution of either House of Parliament—

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

(b) 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;

(c) each of those local planning authorities must revise their local plan timetable accordingly.

(7) Nothing in this section or section 15JA confers on a local planning authority constituted by virtue of regulations under this section any function in relation to section 13 or 14 (survey of area).

(8) This section and section 15JA are subject to the requirement in section 15C(2) that only one local plan may have effect in relation to the area of a local planning authority (including one constituted by virtue of regulations under this section) at any one time.

(9) The policies contained in any local plan or supplementary plan 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.

(10) Subsection (11) applies to any function—

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

(b) which relates to the authority’s local plan timetable, local plan or supplementary plan.

(11) If the authority is a constituent authority of a joint committee references to the authority’s local plan timetable, local plan or supplementary plan must be construed, in relation to that function, as including references to the timetable or plan of the joint committee.

15JA Joint committees: additional functions E+W

(1) This section applies if the constituent authorities of a joint committee agree that the joint committee is to be, for the purposes of this Part, the local planning authority for any area or purpose which is not the subject of—

(a) regulations under section 15J, or

(b) an earlier agreement under this section.

(2) Each of the constituent authorities and the joint committee must revise their local plan timetable in accordance with the agreement.

(3) 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 purpose mentioned in subsection (1).

15JB Dissolution of joint committee E+W

(1) This section applies if a constituent authority requests the Secretary of State to revoke regulations constituting a joint committee as the local planning authority for any area or in respect of any purpose.

(2) The Secretary of State may revoke the regulations.

(3) If the Secretary of State does so, any step taken by the joint committee in relation to a local plan timetable, local plan or supplementary plan must be treated for the purposes of any corresponding timetable or plan as a step taken by a successor authority.

(4) A successor authority is—

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

(b) a joint committee constituted by regulations under section 15J for an area which does not include an area which was not part of the area of the joint committee mentioned in subsection (1).

(5) If the revocation takes effect at a time when an independent examination is being carried out in relation to a local plan or supplementary plan in relation to which the joint committee is the local planning authority the examination must be suspended.

(6) But if, before the end of the period prescribed for the purposes of this subsection, a successor authority falling within subsection (4)(a) requests the Secretary of State to do so, the Secretary of State may direct that—

(a) the examination is resumed in relation to the corresponding plan;

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

(7) The Secretary of State may by regulations make provision as to what is a corresponding timetable or plan.

General E+W

15L Exclusion of certain representations E+W

(1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—

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

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

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

15LA Development corporations: power to disapply provisions E+W

The Secretary of State may direct that the provisions of—

(a) this Part, or

(b) any particular regulations made under section 14A,

do not apply to the area of an urban development corporation or a development corporation established under the New Towns Act 1981.

15LB Guidance E+W

(1) In the exercise of any function conferred by or under this Part a relevant plan-making authority must have regard to any guidance issued by the Secretary of State.

(2) The Secretary of State must issue guidance for local planning authorities on how their local plan and any supplementary plans (taken as a whole) should address housing needs that result from old age or disability.

15LC Monitoring information E+W

(1) The Secretary of State may prescribe information within subsection (3) which each local planning authority must make available to the public.

(2) The Secretary of State may prescribe information within subsection (3) which each local planning authority must provide to the Secretary of State.

(3) Information is within this subsection if it relates to—

(a) the implementation of the local planning authority’s local plan timetable;

(b) the implementation of policies in their local plan and any supplementary plans they have prepared;

(c) the implementation of any policies which relate to the authority’s area, in any spatial development strategy that is operative in relation to their area;

(d) the extent to which specified environmental outcomes (within the meaning of Part 6 of the Levelling-up and Regeneration Act 2023) are being delivered in relation to the authority’s area.

(4) The information must be in such form, and made available or provided in such manner, as may be prescribed.

15LD Policies map E+W

(1) Each local planning authority must ensure that a map, to be known as a “policies map”, is prepared, and kept up to date, which illustrates the geographical application of the development plan for the authority’s area.

(2) The map prepared and kept up to date under subsection (1)—

(a) must be in such form, and have such content, as may be prescribed,

(b) must be revised at such times, or in such circumstances, as may be prescribed, and

(c) must be made available to the public.

15LE Regulations E+W

(1) The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part.

(2) The regulations may, in particular, include provision as to—

(a) the form and content of a joint spatial development strategy;

(b) the documents (if any) which must accompany a joint spatial development strategy;

(c) the procedure to be followed in connection with the preparation, adoption, publication, review, alteration or withdrawal of a joint spatial development strategy or in connection with any review under section 15AE(2);

(d) the procedure to be followed in the preparation, adoption, review, revision or withdrawal of local plans or supplementary plans;

(e) requirements about the giving of notice and publicity;

(f) requirements about inspection by the public of a local plan, supplementary plan or any other document;

(g) consultation with, or participation by, the public or any prescribed body or other person in connection with anything done under this Part, including provision imposing requirements for consultation or participation or as to the nature and extent of the consultation or participation that may or must take place;

(h) the making of representations about any matter to be included in a local plan or supplementary plan;

(i) consideration of any such representations;

(j) the remuneration and allowances payable to a person appointed to provide observations or advice under section 15CA(3), carry out a public or independent examination under this Part or act as a local plan commissioner under section 15HA(3);

(k) the procedure to be followed in the preparation, making, modification, revocation, replacement or publication of a neighbourhood priorities statement;

(l) the form, and content, of a neighbourhood priorities statement;

(m) the determination of the time by or at which anything must be done for the purposes of this Part;

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

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

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

(3) Regulations under subsection (2)(l) may provide for the form or content of a neighbourhood priorities statement to be determined by the Secretary of State.

(4) Regulations under this Part may make different provision for different areas.

15LF Meaning of “local planning authority” etc E+W

(1) This section applies for the purposes of this Part.

(2) Each of the following is a local planning authority for their area—

(a) a district council;

(b) a London borough council;

(c) a metropolitan district council;

(d) a county council in relation to any area in England for which there is no district council.

(3) A National Park authority is the local planning authority for the whole of its area, in place of any authority who would otherwise be a local planning authority for any part of that area under subsection (2).

(4) The Broads Authority is the local planning authority for the Broads, in place of any authority who would otherwise be a local planning authority for any part of the Broads under subsection (2).

(5) Where a relevant order provides that a development corporation is to be the local planning authority for an area for some or all purposes of this Part, the development corporation is the local planning authority for that area and those purposes in place of any authority who would otherwise be the local planning authority for that area and those purposes.

(6) In subsection (5)—

• “development corporation” means an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation;

• “relevant order”—

  (a)

  in relation to an urban development corporation, means an order under section 149(1A) of the Local Government, Planning and Land Act 1980;

  (b)

  in relation to a development corporation established under the New Towns Act 1981, means an order under section 7A(2)(b) of that Act;

  (c)

  in relation to a Mayoral development corporation, means an order under section 198(2) of the Localism Act 2011.

(7) Subsection (5) is subject to subsections (8) and (9).

(8) Subsection (9) applies where a designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) provides that the Homes and Communities Agency is to be the local planning authority—

(a) for an area specified in the order, and

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

(9) 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.

(10) See also section 15J under which joint committees can be constituted to be local planning authorities for the purposes of this Part.

(11) References (other than in this section) to a local planning authority’s area are to the area for which they are the local planning authority in accordance with this Part.

15LG Meaning of “minerals and waste planning authority” etc E+W

(1) This section has effect for the purposes of this Part.

(2) Subject to subsection (3)—

(a) a county council in England is the minerals and waste planning authority for their area,

(b) a London borough council is the minerals and waste planning authority for their area,

(c) a metropolitan district council is the minerals and waste planning authority for their area, and

(d) a district council is the minerals and waste planning authority for any part of their area for which there is no county council.

(3) A National Park authority is the minerals and waste planning authority for the whole of its area, in place of any authority who would otherwise be a minerals and waste planning authority for any part of that area under subsection (2).

(4) Where a relevant order provides that a development corporation is to be the minerals and waste planning authority for an area for some or all purposes of this Part, the development corporation is the minerals and waste planning authority for that area and those purposes in place of any authority who would otherwise be the minerals and waste planning authority for that area and those purposes.

(5) In subsection (4)—

• “development corporation” means an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation;

• “relevant order”—

  (a)

  in relation to an urban development corporation, means an order under section 149(2A) of the Local Government, Planning and Land Act 1980;

  (b)

  in relation to a development corporation established under the New Towns Act 1981, means an order under section 7A(6) of that Act;

  (c)

  in relation to a Mayoral development corporation, means an order under section 198(2) of the Localism Act 2011.

(6) “Relevant area”, in relation to a minerals and waste planning authority, means the area for which the authority are the minerals and waste planning authority in accordance with this section.

15LH Interpretation E+W

(1) This section has effect for the purposes of this Part.

(2) Each of the following is a relevant plan-making authority—

(a) the Mayor of London;

(b) a local planning authority;

(c) a minerals and waste planning authority.

(3) In this Part (unless a contrary intention appears)—

• “affordable housing” means—

  (a)

  social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and

  (b)

  any other description of housing that may be prescribed;

• “constituent authority”, in relation to a joint committee, must be construed in accordance with section 15J(3);

• “joint local plan” must be construed in accordance with section 15I(1);

• “joint local plan agreement” must be construed in accordance with section 15I(2);

• “joint local plan direction” must be construed in accordance with section 15I(3);

• “joint spatial development strategy” means a strategy adopted by local planning authorities under section 15AD or, as the context requires, a strategy in preparation further to an agreement under section 15A(1);

• “joint supplementary plan” must be construed in accordance with section 15IC;

• “local nature recovery strategy” means a local nature recovery strategy under section 104 of the Environment Act 2021;

• “local plan” must be construed in accordance with section 15C;

• “local plan timetable” must be construed in accordance with section 15B;

• “local planning authority” must be construed in accordance with section 15LF;

• “minerals and waste development” means development which is a county matter within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i) of that paragraph);

• “minerals and waste plan” must be construed in accordance with section 15CB;

• “minerals and waste plan timetable” must be construed in accordance with section 15BB;

• “minerals and waste planning authority” must be construed in accordance with section 15LG;

• “neighbourhood priorities statement” must be construed in accordance with section 15K;

• “relevant area” must be construed in accordance with section 15LG;

• “relevant plan-making authority” must be construed in accordance with subsection (2);

• “spatial development strategy” means (except in the context of more specific expressions)—

  (a)

  the spatial development strategy for London,

  (b)

  a spatial development strategy adopted by a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or

  (c)

  a joint spatial development strategy;

• “spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;

• “supplementary plan” must be construed in accordance with section 15CC.]

[F2 Documents E+W

17 Local development documents E+W

F36 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F37 The 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.

(4) 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) [F38 Where 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)).

(5) 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.

(6) 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.

[F39 (6A) 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.

(6B) If regulations under subsection (6A) require a local planning authority to review a local development document—

(a) they must consider whether to revise the document following each review, and

(b) if they decide not to do so, they must publish their reasons for considering that no revisions are necessary.

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

(7) Regulations under this section may prescribe—

[F40 (za) which descriptions of documents are, or if prepared are, to be prepared as local development documents;]

(a) which descriptions of local development documents are development plan documents;

(b) the form and content of the local development documents;

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

(8) A document is a local development document only in so far as it or any part of it—

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

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

[F41 (c) is approved by the Mayor of London under paragraph 2 of Schedule A1;

(d) is approved by a combined authority under paragraph 6 of that Schedule.]

[F42 (e) is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.]

Textual Amendments

F36 S. 17(1)(2) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(a), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F37 Words in s. 17(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F38 Words in s. 17(4) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F39 S. 17(6A)-(6C) inserted (27.4.2017 for specified purposes, 19.7.2017 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 12, 46(3); S.I. 2017/767, reg. 2(d)

F40 S. 17(7)(za) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(3)(d), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F41 S. 17(8)(c)(d) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 147(3), 216(3); S.I. 2016/733, reg. 4(1)(e)

F42 S. 17(8)(e) inserted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 9; S.I. 2018/38, reg. 2(c)

Modifications etc. (not altering text)

C8 S. 17(3) modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 39(1)(a) (with reg. 125)

Commencement Information

I9 S. 17 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I10 S. 17 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

18 Statement of community involvement E+W

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

(2) 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 [F43 13, 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.

(2A) [F44 Subject 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).

[F45 (2B) A statement of community involvement must set out the local planning authority's policies for giving advice or assistance under—

(a) paragraph 3 of Schedule 4B to the principal Act (advice or assistance on proposals for making of neighbourhood development orders), and

(b) paragraph 3 of Schedule A2 to this Act (advice or assistance on proposals for modification of neighbourhood development plans).

(2C) 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).

(2D) Subsection (2B) applies regardless of whether, at any given time—

(a) an area within the area of the authority has been designated as a neighbourhood area, or

(b) there is a qualifying body which is entitled to submit proposals to the authority for the making by the authority of a neighbourhood development order or a neighbourhood development plan.]

[F46 (3) 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).]

[F47 (3A) The statement of community involvement must not be specified as a development plan document in the local development scheme.]

[F48 (3B) 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).]

F49 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Words in s. 18(2) inserted (27.4.2017 for specified purposes, 31.7.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 13(2), 46(3); S.I. 2018/38, reg. 4(b) (with reg. 5)

F44 Words in s. 18(2A) inserted (31.7.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 6(2), 46(1); S.I. 2018/38, reg. 4(a)

F45 S. 18(2B)-(2D) inserted (31.7.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 6(3), 46(1); S.I. 2018/38, reg. 4(a)

F46 S. 18(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(4)(a), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F47 S. 18(3A) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(4)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F48 S. 18(3B) inserted (27.4.2017 for specified purposes) by Neighbourhood Planning Act 2017 (c. 20), ss. 13(3), 46(3)

F49 S. 18(4)-(6) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(4)(c), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

Commencement Information

I11 S. 18 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

19 Preparation of local development documents E+W

(1) [F50 Development plan documents] must be prepared in accordance with the local development scheme.

[F51 (1A) 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.]

[F52 (1B) Each local planning authority must identify the strategic priorities for the development and use of land in the authority’s area.

(1C) Policies to address those priorities must be set out in the local planning authority’s development plan documents (taken as a whole).

(1D) 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.

(1E) 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—

(a) a local planning authority whose area is within, or the same as, the area of the combined authority, and

(b) the spatial development strategy published by the combined authority.]

(2) In preparing a local development document the local planning authority must have regard to—

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

[F53 (aa) the local development documents which are to be development plan documents;]

(b) [F54 the regional strategy] for the region in which the area of the authority is situated, if the area is outside Greater London;

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

(d) [F55 the regional strategy] for any region which adjoins the area of the authority;

(e) the [F56 National Development Framework for Wales,] if any part of the authority’s area adjoins Wales;

F57 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(j) such other matters as the Secretary of State prescribes.

(3) In preparing the [F59 local development documents (other than their statement of community involvement)] the authority must also comply with their statement of community involvement.

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

(5) The local planning authority must also—

(a) carry out an appraisal of the sustainability of the proposals in each [F60 development plan document];

(b) prepare a report of the findings of the appraisal.

(6) The Secretary of State may by regulations make provision—

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

(b) as to the form and content of such documents.

F61 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Words in s. 19(1) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(a), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F51 S. 19(1A) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 182, 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F52 S. 19(1B)-(1E) inserted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 8(1), 46(1); S.I. 2018/38, reg. 2(a)

F53 Words in s. 19(2) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F54 Words in s. 19(2)(b) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 14; S.I. 2009/3318, art. 4(gg)

F55 Words in s. 19(2)(d) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 14; S.I. 2009/3318, art. 4(gg)

F56 Words in s. 19(2)(e) substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 24; S.I. 2020/1216, reg. 2(b)

F57 S. 19(2)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F58 S. 19(2)(g) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

F59 Words in s. 19(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F60 Words in s. 19(5) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(5)(d), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F61 S. 19(7) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(b), 115(3)(k)

Modifications etc. (not altering text)

C9 S. 19 applied in part (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(5), Sch. 1 Pt. 2

C10 S. 19 applied (with modifications) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(5), Sch. 2 Pt. 2

C11 S. 19 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(5), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I12 S. 19 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I13 S. 19 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

20 Independent examination E+W

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

(2) But the authority must not submit such a document unless—

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

(b) they think the document is ready for independent examination.

(3) 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.

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

(5) The purpose of an independent examination is to determine in respect of the development plan document—

(a) 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;

(b) whether it is sound.[F62 ; and

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

(6) 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.

[F63 (6A) The Secretary of State may by notice to the person appointed to carry out the examination—

(a) direct the person not to take any step, or any further step, in connection with the examination of the development plan document, or of a specified part of it, until a specified time or until the direction is withdrawn;

(b) require the person—

(i) to consider any specified matters;

(ii) to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the person;

(iii) to take any specified procedural step in connection with the examination.

In this subsection “specified” means specified in the notice.]

[F64 (7) Where the person appointed to carry out the examination—

(a) has carried it out, and

(b) considers that, in all the circumstances, it would be reasonable to conclude—

(i) that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, and

(ii) that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation,

the person must recommend that the document is adopted and give reasons for the recommendation.

(7A) Where the person appointed to carry out the examination—

(a) has carried it out, and

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

the person must recommend non-adoption of the document and give reasons for the recommendation.

(7B) Subsection (7C) applies where the person appointed to carry out the examination—

(a) 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

(b) 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.

(7C) If asked to do so by the local planning authority, the person appointed to carry out the examination must recommend modifications of the document that would make it one that—

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

(b) is sound.]

(8) The local planning authority must publish the recommendations and the reasons.

Textual Amendments

F62 S. 20(5)(c) and word inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 110(3), 240(5)(i) (with s. 144)

F63 S. 20(6A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 144, 216(3); S.I. 2016/733, reg. 3(c)

F64 S. 20(7)-(7C) substituted for s. 20(7) (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(2), 240(1)(h) (with ss. 112(6), 144)

Modifications etc. (not altering text)

C12 S. 20 excluded (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 23(3) (with reg. 1(2))

Commencement Information

I14 S. 20 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I15 S. 20 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

21 Intervention by Secretary of State E+W

(1) If the Secretary of State thinks that a local development document is unsatisfactory—

(a) 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;

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

(2) The authority—

(a) must comply with the direction;

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

(3) But subsection (2) does not apply if [F65 or to the extent that] the Secretary of State withdraws the direction.

(4) 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.

(5) The following paragraphs apply if the Secretary of State gives a direction under subsection (4)—

(a) the authority must not take any step in connection with the adoption of the document until the Secretary of State gives his decision [F66 , or withdraws the direction];

[F67 (b) if the direction is given, and not withdrawn, before the authority have submitted the document under section 20(1), the Secretary of State must hold an independent examination;]

(c) 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 [F68 , and is not withdrawn before those recommendations are made, the person] must make his recommendations to the Secretary of State;

[F69 (d) the document has no effect unless the document or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.]

[F70 (5A) 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.

(5B) For the purposes of subsection (5)(d) the “relevant part” of a development plan document is the part that—

(a) is covered by a direction under subsection (4) which refers to only part of the document, or

(b) continues to be covered by a direction under subsection (4) following the partial withdrawal of the direction.]

(6) 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.

(7) 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.

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

(9) In relation to a document or part of a document submitted to him under subsection (4) the Secretary of State—

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

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

[F71 (9A) The Secretary of State may at any time—

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

(b) before it is adopted under section 23,

direct the local planning authority to withdraw the document.]

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

[F72 (11) 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.]

[F73 (12) 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.]

Textual Amendments

F65 Words in s. 21(3) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(1), 216(3); S.I. 2016/733, reg. 4(1)(c)

F66 Words in s. 21(5)(a) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(2)(a), 216(3); S.I. 2016/733, reg. 4(1)(c)

F67 S. 21(5)(b) substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(2)(b), 216(3); S.I. 2016/733, reg. 4(1)(c)

F68 Words in s. 21(5)(c) substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(2)(c), 216(3); S.I. 2016/733, reg. 4(1)(c)

F69 S. 21(5)(d) substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(2)(d), 216(3); S.I. 2016/733, reg. 4(1)(c)

F70 S. 21(5A)(5B) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(3), 216(3); S.I. 2016/733, reg. 4(1)(c)

F71 S. 21(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(5), 240(1)(h) (with s. 144)

F72 S. 21(11) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(4), 216(3); S.I. 2016/733, reg. 4(1)(c)

F73 S. 21(12) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(3), 46(3); S.I. 2018/38, reg. 2(b)

Commencement Information

I16 S. 21 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I17 S. 21 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F74 21A Temporary direction pending possible use of intervention powers E+W

(1) If the Secretary of State is considering whether to give a direction to a local planning authority under section 21 in relation to a development plan document or other local development document, he may direct the authority not to take any step in connection with the adoption of the document—

(a) until the time (if any) specified in the direction, or

(b) until the direction is withdrawn.

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

(3) 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.]

Textual Amendments

F74 S. 21A inserted (26.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 145(5), 216(3); S.I. 2016/609, reg. 2

22 Withdrawal of local development documents E+W

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

F75 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 S. 22(2) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(4), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

Commencement Information

I18 S. 22 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I19 S. 22 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

23 Adoption of local development documents E+W

(1) The local planning authority may adopt a local development document (other than a development plan document) either as originally prepared or as modified to take account of—

(a) any representations made in relation to the document;

(b) any other matter they think is relevant.

[F76 (2) If the person appointed to carry out the independent examination of a development plan document recommends that it is adopted, the authority may adopt the document—

(a) as it is, or

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

(2A) Subsection (3) applies if the person appointed to carry out the independent examination of a development plan document—

(a) recommends non-adoption, and

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

(3) The authority may adopt the document—

(a) with the main modifications, or

(b) 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.]

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

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

Textual Amendments

F76 S. 23(2)-(3) substituted for s. 23(2)(3) (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(3), 240(1)(h) (with ss. 112(6), 144)

Commencement Information

I20 S. 23 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

24 Conformity with regional strategy E+W

(1) The local development documents must be in general conformity with—

(a) [F77 the regional strategy] (if the area of the local planning authority is in a region other than London);

(b) the spatial development strategy (if the local planning authority are a London borough [F78 or a Mayoral development corporation]).

F79 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A local planning authority which are a London borough [F78 or a Mayoral development corporation] —

(a) 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;

(b) 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.

(5) Whether or not the local planning authority make a request mentioned in [F81 subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy]

F82 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) 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.

F83 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Words in s. 24(1)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 15(2); S.I. 2009/3318, art. 4(gg)

F78 Words in s. 24(1)(b)(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 55

F79 S. 24(2) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5)(5), Sch. 5 para. 15(3), 7 Pt. 4; S.I. 2009/3318, art. 4(gg)(ii)

F80 S. 24(3) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5)(5), Sch. 5 para. 15(3), 7 Pt. 4; S.I. 2009/3318, art. 4(gg)(ii)

F81 Words in s. 24(5) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 15(4); S.I. 2009/3318, art. 4(gg)

F82 S. 24(6) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5)(5), Sch. 5 para. 15(5), 7 Pt. 4; S.I. 2009/3318, art. 4(gg)(ii)

F83 S. 24(8) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5)(5), Sch. 5 para. 15(5), 7 Pt. 4; S.I. 2009/3318, art. 4(gg)(ii)

F84 S. 24(9) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5)(5), Sch. 5 para. 15(5), 7 Pt. 4; S.I. 2009/3318, art. 4(gg)(ii)

Modifications etc. (not altering text)

C13 S. 24 applied in part (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(5), Sch. 1 Pt. 2

C14 S. 24 applied (with modifications) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(5), Sch. 2 Pt. 2

C15 S. 24 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(5), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I21 S. 24 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I22 S. 24 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

25 Revocation of local development documents E+W

The Secretary of State —

(a) may at any time revoke a local development document at the request of the local planning authority;

(b) may prescribe descriptions of local development document which may be revoked by the authority themselves.

Commencement Information

I23 S. 25 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I24 S. 25 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

26 Revision of local development documents E+W

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

(2) The authority must prepare a revision of a local development document—

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

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

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

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

(5) As soon as practicable after the occurrence of a relevant event—

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

(b) 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.

(6) The following are relevant events—

(a) 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);

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

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

Commencement Information

I25 S. 26 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I26 S. 26 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F85 27 Secretary of State’s default powers E+W

(1) 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.

(2) The Secretary of State may—

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

(b) give directions to the authority in relation to the preparation or revision of the document.

(3) The Secretary of State must either—

(a) hold an independent examination, or

(b) direct the authority to submit the document for independent examination.

(4) The Secretary of State must either—

(a) publish the recommendations and reasons of the person appointed to hold the examination, or

(b) give directions to the authority in relation to publication of those recommendations and reasons.

(5) The Secretary of State may—

(a) approve the document, or approve it subject to specified modifications, as a local development document,

(b) direct the authority to consider adopting the document by resolution of the authority as a local development document, or

(c) (except where it was prepared or revised by the Secretary of State under subsection (2)(a)) reject the document.

(6) 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.

(7) Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an independent examination held—

(a) under subsection (3)(a), or

(b) in response to a direction under subsection (3)(b),

in respect of a document prepared or revised by the Secretary of State under subsection (2)(a).

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

(9) The authority must reimburse the Secretary of State for any expenditure he incurs in connection with anything—

(a) which is done by him under subsection (2)(a), and

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

[F86 (10) 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.]

Textual Amendments

F85 S. 27 substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 146, 216(3); S.I. 2016/733, reg. 4(1)(d)

F86 S. 27(10) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(4), 46(3); S.I. 2018/38, reg. 2(b)

Commencement Information

I27 S. 27 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

[F87 27A Default powers exercisable by Mayor of London[F88 , combined authority [F89 , combined county authority] or county council] E+W

Schedule A1 (default powers exercisable by Mayor of London[F88 , combined authority [F89 , combined county authority] or county council]) has effect.]

Textual Amendments

F87 S. 27A inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 147(1), 216(3); S.I. 2016/733, reg. 4(1)(e)

F88 Words in s. 27A substituted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 2 para. 10; S.I. 2018/38, reg. 2(c)

F89 Words in s. 27A heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 155 (with s. 247)

28 Joint local development documents E+W

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

(2) 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.

(3) 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.

(4) Any requirement of this Part in relation to [F90 regional strategy] is a requirement in relation to [F90 regional strategy] for the region in which each authority mentioned in subsection (1) is situated.

(5) 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.

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

(7) Any step taken in relation to the document must be treated as a step taken by—

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

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

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

(9) If before the end of the period prescribed for the purposes of this subsection an authority which were a party to the agreement request the Secretary of State to do so he may direct that—

[F91 (a) the examination is resumed in relation to—

(i) any corresponding document prepared by an authority which were a party to the agreement, or

(ii) any corresponding joint local development document prepared by two or more other authorities which were parties to the agreement;]

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

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

(11) The Secretary of State may by regulations make provision as to what is a corresponding document [F92 or a corresponding joint local development document for the purposes of this section.]

Textual Amendments

F90 Words in s. 28(4) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 16; S.I. 2009/3318, art. 4(gg)

F91 S. 28(9)(a) substituted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(6), 46(3); S.I. 2018/38, reg. 2(b)

F92 Words in s. 28(11) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(7), 46(3); S.I. 2018/38, reg. 2(b)

Commencement Information

I28 S. 28 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I29 S. 28 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

[F93 28A Power to direct preparation of joint development plan documents E+W

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

(2) 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.

(3) 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.

(4) A direction under this section may specify—

(a) the area to be covered by the joint development plan document to which the direction relates;

(b) the matters to be covered by that document;

(c) the timetable for preparation of that document.

(5) 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.

(6) 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.

(7) 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.

Textual Amendments

F93 Ss. 28A-28C inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(2), 46(3); S.I. 2018/38, reg. 2(b)

28B Application of Part to joint development plan documents E+W

(1) 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.

(2) 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.

(3) 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.

(4) Those requirements also apply if—

(a) 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 combined authority's area, and

(b) the authorities mentioned in section 28A(1) include a local planning authority whose area is within, or is the same as, the area of the combined authority.

Textual Amendments

F93 Ss. 28A-28C inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(2), 46(3); S.I. 2018/38, reg. 2(b)

28C Modification or withdrawal of direction under section 28A E+W

(1) 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.

(2) 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.

(3) The following provisions of this section apply if—

(a) the Secretary of State withdraws a direction under section 28A, or

(b) the Secretary of State modifies a direction under that section so that it ceases to apply to one or more of the local planning authorities to which it was given.

(4) Any step taken in relation to the joint development plan document to which the direction related is to be treated as a step taken by—

(a) a local planning authority to which the direction applied for the purposes of any corresponding document prepared by them, or

(b) two or more local planning authorities to which the direction applied for the purposes of any corresponding joint development plan document prepared by them.

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

(6) If before the end of the period prescribed for the purposes of this subsection a local planning authority to which the direction applied request the Secretary of State to do so, the Secretary of State may direct that—

(a) the examination is resumed in relation to—

(i) any corresponding document prepared by a local planning authority to which the direction applied, or

(ii) any corresponding joint development plan document prepared by two or more local planning authorities to which the direction applied, and

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

(7) 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.]

Textual Amendments

F93 Ss. 28A-28C inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(2), 46(3); S.I. 2018/38, reg. 2(b)

Joint committees E+W

29 Joint committees E+W

(1) This section applies if one or more local planning authorities agree with one or more county councils in relation to any area of such a council for which there is also a district council to establish a joint committee to be, for the purposes of this Part, the local planning authority—

(a) for the area specified in the agreement;

(b) in respect of such matters as are so specified.

(2) The Secretary of State may by order constitute a joint committee to be the local planning authority—

(a) for the area;

(b) in respect of those matters.

(3) Such an order—

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

(b) 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.

(4) Provision under subsection (3)(b)—

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

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

(5) If an order under this section is annulled in pursuance of a resolution of either House of Parliament—

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

(b) 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;

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

(6) 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.

(7) 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.

(8) Subsection (9) applies to any function—

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

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

(9) 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.

(10) For the purposes of subsection (4) a local authority is any of the following—

(a) a county council;

(b) a district council;

(c) a London borough council.

Modifications etc. (not altering text)

C16 S. 29 modified (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 24 (with reg. 1(2))

C17 S. 29 modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 27 (with reg. 1(2)(3))

Commencement Information

I30 S. 29 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I31 S. 29 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

30 Joint committees: additional functions E+W

(1) This section applies if the constituent authorities to a joint committee agree that the joint committee is to be, for the purposes of this Part, the local planning authority for any area or matter which is not the subject of—

(a) an order under section 29, or

(b) an earlier agreement under this section.

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

(3) 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).

Commencement Information

I32 S. 30 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

31 Dissolution of joint committee E+W

(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.

(2) The Secretary of State may revoke the order.

(3) 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.

(4) A successor authority is—

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

(b) 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).

(5) 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.

(6) But if before the end of the period prescribed for the purposes of this subsection a successor authority falling within subsection (4)(a) requests the Secretary of State to do so he may direct that—

(a) the examination is resumed in relation to the corresponding document;

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

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

Commencement Information

I33 S. 31 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I34 S. 31 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

Miscellaneous E+W

32 Exclusion of certain representations E+W

(1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—

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

(b) 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));

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

(2) 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.

Commencement Information

I35 S. 32 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

33 Urban development corporations E+W

The Secretary of State may direct [F94 that the provisions of—

(a) this Part, or

(b) any particular regulations made under section 14A,

do not apply] to the area of an urban development corporation.

Textual Amendments

F94 Words in s. 33 substituted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 151(2), 216(1)(d)

Modifications etc. (not altering text)

C18 S. 33 applied (with modifications) (E.) (30.3.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), s. 5(1)(b)(2)(3)(c)40(1)(b)

Commencement Information

I36 S. 33 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

[F95 33A Duty to co-operate in relation to planning of sustainable development E+W

(1) Each person who is—

(a) a local planning authority,

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

(c) a body, or other person, that is prescribed or of a prescribed description,

must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) in maximising the effectiveness with which activities within subsection (3) are undertaken.

(2) In particular, the duty imposed on a person by subsection (1) requires the person—

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

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

(3) The activities within this subsection are—

(a) the preparation of development plan documents,

(b) the preparation of other local development documents,

(c) 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,

(d) 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

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

so far as relating to a strategic matter.

(4) For the purposes of subsection (3), each of the following is a “strategic matter”—

(a) 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

(b) sustainable development or use of land in a two-tier area if the development or use—

(i) is a county matter, or

(ii) has or would have a significant impact on a county matter.

(5) In subsection (4)—

• “ county matter ” has the meaning given by paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),

• “ planning area ” means—

  (a)

  the area of—

  (i)

  a district council (including a metropolitan district council),

  (ii)

  a London borough council, or

  (iii)

  a county council in England for an area for which there is no district council,

  but only so far as that area is neither in a National Park nor in the Broads,

  (b)

  a National Park,

  (c)

  the Broads,

  (d)

  the English inshore region, or

  (e)

  the English offshore region, and

• “ two-tier area ” means an area—

  (a)

  for which there is a county council and a district council, but

  (b)

  which is not in a National Park.

(6) The engagement required of a person by subsection (2)(a) includes, in particular—

(a) 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

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

(7) 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.

(8) 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.

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

(10) In this section—

• “ the English inshore region ” and “ the English offshore region ” have the same meaning as in the Marine and Coastal Access Act 2009, and

• “ land ” includes the waters within those regions and the bed and subsoil of those waters. ]

Textual Amendments

F95 S. 33A inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 110(1), 240(5)(i) (with s. 144)

34 Guidance E+W

[F96 (1)] In the exercise of any function conferred under or by virtue of this Part the local planning authority must have regard to any guidance issued by the Secretary of State.

[F97 (2) The Secretary of State must issue guidance for local planning authorities on how their local development documents (taken as a whole) should address housing needs that result from old age or disability.]

Textual Amendments

F96 S. 34(1): s. 34 renumbered as s. 34(1) (4.7.2019) by Neighbourhood Planning Act 2017 (c. 20), ss. 8(2)(a), 46(1); S.I. 2019/1081, reg. 2

F97 S. 34(2) inserted (4.7.2019) by Neighbourhood Planning Act 2017 (c. 20), ss. 8(2)(b), 46(1); S.I. 2019/1081, reg. 2

Commencement Information

I37 S. 34 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)

35 [F98 Authorities] monitoring [F98 reports ] E+W

F99 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F100 Every local planning authority must prepare reports containing ] such information as is prescribed as to—

(a) the implementation of the local development scheme;

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

(3) [F101 A report under subsection (2) must—

(a) be in respect of a period—

(i) which the authority considers appropriate in the interests of transparency,

(ii) which begins with the end of the period covered by the authority's most recent report under subsection (2), and

(iii) which is not longer than 12 months or such shorter period as is prescribed;]

(c) be in such form as is prescribed;

(d) contain such other matter as is prescribed.

[F102 (3A) Subsection (3B) applies if a London borough council or a Mayoral development corporation have determined in accordance with section 19(1D) that—

(a) policies to address the strategic priorities for the development and use of land in their area are set out in the spatial development strategy, and

(b) accordingly, such policies will not to that extent be set out in their development plan documents.

(3B) Each report by the council or corporation under subsection (2) must—

(a) indicate that such policies are set out in the spatial development strategy, and

(b) specify where in the strategy those policies are set out.

(3C) 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, subsections (3A) and (3B) also apply in relation to—

(a) a local planning authority whose area is within, or the same as, the area of the combined authority, and

(b) the spatial development strategy published by the combined authority.]

[F103 (4) The authority must make the authority's reports under this section available to the public.]

Textual Amendments

F98 Words in s. 35 heading substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(6), 240(1)(h) (with s. 144)

F99 S. 35(1) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(2), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

F100 Words in s. 35(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(3), 240(1)(h) (with s. 144)

F101 Words in s. 35(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(4), 240(1)(h) (with s. 144)

F102 S. 35(3A)-(3C) inserted (16.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 8(3), 46(1); S.I. 2018/38, reg. 2(a)

F103 S. 35(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 113(5), 240(1)(h) (with s. 144)

Commencement Information

I38 S. 35 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I39 S. 35 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

General E+W

36 Regulations [F104 and standards] E+W

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

(2) The regulations may in particular make provision as to—

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

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

(c) requirements about the giving of notice and publicity;

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

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

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

(g) consideration of any such representations;

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

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

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

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

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

[F105 (3) The Secretary of State may from time to time publish data standards for—

(a) local development schemes,

(b) local development documents, or

(c) local development documents of a particular kind.

(4) 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.

(5) 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.]

Textual Amendments

F104 Words in s. 36 heading inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(2), 46(1); S.I. 2017/767, reg. 2(c)

F105 S. 36(3)-(5) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(3), 46(1); S.I. 2017/767, reg. 2(c)

Commencement Information

I40 S. 36 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I41 S. 36 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

37 Interpretation E+W

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

(2) Local development document must be construed in accordance with [F106 sections 17 and 18(3)].

[F107 (3) A development plan document is a local development document which is specified as a development plan document in the local development scheme.]

(4) Local planning authorities are—

(a) district councils;

(b) London borough councils;

(c) metropolitan district councils;

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

(e) the Broads Authority.

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

[F108 (5ZA) 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.

(5ZB) 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.]

[F109 (5A) Subsection (4) must [F110 additionally be construed, and subsection (5ZB) must be construed,] subject to any designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) providing that the Homes and Communities Agency is to be the local planning authority—

(a) for an area specified in the order, and

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

(5B) 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.]

[F111 (5C) Joint local development document must be construed in accordance with section 28(10).

(5D) Joint development plan document must be construed in accordance with section 28A(7).]

[F112 (6) Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.

(6A) “ Responsible regional authorities ” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.]

(7) This section applies for the purposes of this Part.]

Textual Amendments

F106 Words in s. 37(2) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(6)(a), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F107 S. 37(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(6)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F108 S. 37(5ZA)(5ZB) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 56(2)

F109 S. 37(5A)(5B) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 81; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F110 Words in s. 37(5A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 56(3)

F111 S. 37(5C)(5D) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(8), 46(3); S.I. 2018/38, reg. 2(b)

F112 S. 37(6)(6A) substituted for s. 37(6) (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 17; S.I. 2009/3318, art. 4(gg)

Modifications etc. (not altering text)

C19 S. 37 applied in part (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(5), Sch. 1 Pt. 2

C20 S. 37 applied (with modifications) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(5), Sch. 2 Pt. 2

C21 S. 37 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(5), Sch. 5 Pt. 2 (with art. 9)

C22 S. 37(2) modified by SI 2008/2867 reg. 19(2) (as inserted (E.) (11.3.2009) by Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/276), regs. 1(1), 14 (with reg. 1(2)))

C23 S. 37(4) applied (temp. until 1.4.2006) (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 12

C24 S. 37(4) continued (temp.) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 11

C25 S. 37(5) excluded (temp. until 1.4.2006) (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 12

C26 S. 37(5) excluded (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 11

Commencement Information

I42 S. 37 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)