Planning and Compulsory Purchase Act 2004

38 Development plan E+W

(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, F1 ...

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area [F2 , and.

(c) the neighbourhood development plans which have been made in relation to that area.]

(3) For the purposes of any other area in England the development plan is—

(a) the [F3 regional strategy ] for the region in which the area is situated [F4 (if there is a regional strategy for that region) ], and

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area [F5 , and.

(c) the neighbourhood development plans which have been made in relation to that area.]

[F6 (3A) For the purposes of any area in England (but subject to subsection (3B)) a neighbourhood development plan which relates to that area also forms part of the development plan for that area if—

(a) section 38A(4)(a) (approval by referendum) applies in relation to the neighbourhood development plan, but

(b) the local planning authority to whom the proposal for the making of the plan has been made have not made the plan.

(3B) The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.]

(4) For the purposes of any area in Wales the development plan is [F7 the local development plan adopted or approved in relation to that area][F7 —.

(a) the National Development Framework for Wales,

(b) the strategic development plan for any strategic planning area that includes all or part of that area, and

(c) the local development plan for 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 [F8 to become part of the development plan].

(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.

[F9 (9) Development plan document must be construed in accordance with section 37(3).]

[F10 (10) Neighbourhood development plan must be construed in accordance with section 38A.]

Textual Amendments

F1 Word in s. 38(2)(a) repealed (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(a), Sch. 25 Pt. 16; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F2 S. 38(2)(c) and word inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(a); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F3 Words in s. 38(3)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 82(1), 148(5) (with s. 38(2)(3)); S.I. 2009/3318, art. 4(aa)

F4 Words in s. 38(3)(a) inserted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 13(1)

F5 S. 38(3)(c) and word inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(b); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F6 S. 38(3A)(3B) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 3, 46(1); S.I. 2017/767, reg. 2(b)

F7 S. 38(4)(a)-(c) substituted for words in s. 38(4) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 9, 58(2)(b)(4)(b)

F8 Words in s. 38(5) substituted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(c); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F9 S. 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)

F10 S. 38(10) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(d); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Modifications etc. (not altering text)

C1 S. 38 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

C2 S. 38 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

Commencement Information

I1 S. 38 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(c)

I2 S. 38 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(a)