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Planning and Compulsory Purchase Act 2004

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Planning and Compulsory Purchase Act 2004, Section 39 is up to date with all changes known to be in force on or before 26 February 2025. 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. Help about Changes to Legislation

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39Sustainable developmentE+W

This section has no associated Explanatory Notes

(1)This section applies to any person who or body which exercises any function—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)under Part 2 [F2of this Act] in relation to local development documents;

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.

[F4(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 [F5 subsection (1)(b)];

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3S. 39(1)(c) omitted (1.4.2016) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 2(6)(a), 58(4)(a); S.I. 2015/1987, art. 5(a) (with art. 6)

F4S. 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)

F6S. 39(3)(b) omitted (1.4.2016) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 2(6)(b), 58(4)(a); S.I. 2015/1987, art. 5(a) (with art. 6)

Commencement Information

I1S. 39 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(d)

I2S. 39 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(b)

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