C1Part 2Local development
Documents
I1I1017Local development documents
F11
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F12
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C33
F2The 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) F3Where 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.
F456A
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—
F4za
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.
F34c
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.
F52e
is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.
I1118Statement of community involvement
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 F5413, 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
F56Subject 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).
F552B
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.
F63
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).
F53A
The statement of community involvement must not be specified as a development plan document in the local development scheme.
F443B
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).
F74
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F75
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F76
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I2I12C4C619Preparation of local development documents
1
F10Development plan documents must be prepared in accordance with the local development scheme.
F81A
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.
F511B
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;
F9aa
the local development documents which are to be development plan documents;
b
F13the 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
F14the regional strategy for any region which adjoins the area of the authority;
e
the F57National Development Framework for Wales, if any part of the authority’s area adjoins Wales;
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F30g
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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 F11local 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 F12development 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.
F317
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I3I13C2C120C1Independent examination
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.F23; 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.
F336A
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.
F257
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.
I4I1421Intervention by Secretary of State
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 F38or 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 F37, or withdraws the direction;
F39b
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 F40, and is not withdrawn before those recommendations are made, the person must make his recommendations to the Secretary of State;
F41d
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.
F355A
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).
F269A
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.
F3611
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.
F4712
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.
21AF32Temporary direction pending possible use of intervention powers
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.
I5I1522Withdrawal of local development documents
1
A local planning authority may at any time before a local development document is adopted under section 23 withdraw the document.
F272
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I1623Adoption of local development documents
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.
F282
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.
I6I17C5C724Conformity with regional strategy
1
The local development documents must be in general conformity with—
a
F20the 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 F24or a Mayoral development corporation).
F152
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F163
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4
A local planning authority which are a London borough F24or 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 F21subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy
F176
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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.
F188
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F199
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I7I1825Revocation of local development documents
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.
I8I1926Revision of local development documents
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.
I2027F42Secretary of State’s default powers
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).
F4810
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.
27AF43Default powers exercisable by Mayor of LondonF53, combined authority F58, combined county authority or county council
I9I2128Joint local development documents
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
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—
F49a
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 F50or a corresponding joint local development document for the purposes of this section.
28AF46Power to direct preparation of joint development plan documents
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.
28BApplication of Part to joint development plan documents
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.
28CModification or withdrawal of direction under section 28A
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.
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))