Part 9Changes to existing planning regimes

Chapter 2Other changes to existing planning regimes

Local development

I1180Local development documents

1

PCPA 2004 is amended as follows.

2

In section 15(2) (matters which must be specified in local development scheme)—

a

omit paragraph (a);

b

before paragraph (b) insert—

aa

the local development documents which are to be development plan documents;

c

in paragraph (b) for “document” substitute “ development plan document ”;

d

omit paragraph (c);

e

in paragraphs (d) and (f) for “documents” substitute “ development plan documents ”.

3

In section 17 (local development documents)—

a

omit subsections (1) and (2);

b

in subsection (3) for “The local development documents” substitute “ The local planning authority's local development documents ”;

c

in subsection (4) for the words before “in relation to development which is a county matter” substitute “ Where 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 ”;

d

in subsection (7), before paragraph (a) insert—

za

which descriptions of documents are, or if prepared are, to be prepared as local development documents;

4

In section 18 (statements of community involvement)—

a

for subsection (3) substitute—

3

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).

b

after subsection (3) insert—

3A

The statement of community involvement must not be specified as a development plan document in the local development scheme.

c

omit subsections (4) to (6).

5

In section 19 (preparation of local development documents)—

a

in subsection (1) for “Local development documents” substitute “ Development plan documents ”;

b

in subsection (2) after “In preparing a” insert “ development plan document or any other ”;

c

in subsection (3) for “other local development documents” substitute “ local development documents (other than their statement of community involvement) ”;

d

in subsection (5) for “document” substitute “ development plan document ”.

6

In section 37 (interpretation of Part 2)—

a

in subsection (2) for “section 17” substitute “ sections 17 and 18(3) ”;

b

for subsection (3) substitute—

3

A development plan document is a local development document which is specified as a development plan document in the local development scheme.

7

In section 38 (development plan) after subsection (8) insert—

9

Development plan document must be construed in accordance with section 37(3).