- Latest available (Revised)
- Point in Time (24/03/2010)
- Original (As enacted)
Version Superseded: 01/04/2010
Point in time view as at 24/03/2010.
Planning and Compulsory Purchase Act 2004,
Part 3
is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2) to (5).
(2)For the purposes of any area in Greater London the development plan is—
(a)the spatial development strategy, and
(b)the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.
(3)For the purposes of any other area in England the development plan is—
(a)the regional spatial strategy for the region in which the area is situated, and
(b)the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.
(4)For the purposes of any area in Wales the development plan is the local development plan adopted or approved in relation to that area.
(5)If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document to be adopted, approved or published (as the case may be).
(6)If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.
(7)The enactments are—
(a)this Act;
(b)the planning Acts;
(c)any other enactment relating to town and country planning;
(d)the Land Compensation Act 1961 (c. 33);
(e)the Highways Act 1980 (c. 66).
(8)In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.
[F1(9)Development plan document must be construed in accordance with section 37(3).]
Textual Amendments
F1S. 38(9) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(7), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)
Commencement Information
I1S. 38 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(c)
I2S. 38 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(a)
(1)This section applies to any person who or body which exercises any function—
(a)under Part 1 in relation to a regional spatial strategy;
(b)under Part 2 in relation to local development documents;
(c)under Part 6 in relation to the Wales Spatial Plan or a local development plan.
(2)The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.
[F2(2A)For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.]
(3)For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by—
(a)the Secretary of State for the purposes of subsection (1)(a) and (b);
(b)the National Assembly for Wales for the purposes of subsection (1)(c).
Textual Amendments
F2S. 39(2A) inserted (6.4.2009 for E.) by Planning Act 2008 (c. 29), ss. 183, 241(3), (4) (with s. 226); S.I. 2009/400, art. 5(a)
Commencement Information
I3S. 39 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(d)
I4S. 39 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: