Planning and Compulsory Purchase Act 2004

Development plan E+W

1 (1) During the transitional period a reference in an enactment mentioned in section 38(7) above to the development plan for an area in England is a reference to— E+W

(a) the RSS for the region in which the area is situated or the spatial development strategy for an area in Greater London, and

(b) the development plan for the area for the purposes of section 27 or 54 of the principal Act.

(2) The transitional period is the period starting with the commencement of section 38 and ending on whichever is the earlier of—

(a) the end of the period of three years;

(b) the day when in relation to an old policy, a new policy which expressly replaces it is published, adopted or approved.

(3) But the Secretary of State may direct that for the purposes of such policies as are specified in the direction sub-paragraph (2)(a) does not apply.

(4) An old policy is a policy which (immediately before the commencement of section 38) forms part of a development plan for the purposes of section 27 or 54 of the principal Act.

(5) A new policy is a policy which is contained in—

(a) a revision of an RSS;

(b) an alteration or replacement of the spatial development strategy;

(c) a development plan document.

[F1 (d) a neighbourhood development plan.]

(6) But—

(a) an old policy contained in a structure plan is replaced only by a new policy contained in a revision to an RSS;

(b) an old policy contained in a waste local plan or a minerals local plan is replaced in relation to any area of a county council for which there is a district council only by a new policy contained in a development plan document which is prepared in accordance with a minerals and waste development scheme.

(7) A new policy is published if it is contained in—

(a) a revision of an RSS published by the Secretary of State under section 9(6);

(b) an alteration or replacement of the Mayor of London’s spatial development strategy published in pursuance of section 337 of the Greater London Authority Act 1999 (c. 29).

[F2 (c) a neighbourhood development plan published under section 38B(5) of the principal Act.]

(8) A new policy is adopted or approved if it is contained in a development plan document which is adopted or approved for the purposes of Part 2.

(9) A minerals and waste development scheme is a scheme prepared in accordance with section 16.

(10) The development plan mentioned in sub-paragraph (1)(b) does not include a street authorisation map which continued to be treated as having been adopted as a local plan by virtue of paragraph 4 of Part 3 of Schedule 2 to the principal Act.

Textual Amendments

F1 Sch. 8 para. 1(5)(d) inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 3 para. 1(2)(a)

F2 Sch. 8 para. 1(7)(c) inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 3 para. 1(2)(b)

Commencement Information

I1 Sch. 8 para. 1 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(j)