F1PART IVAF2APPROPRIATE ASSESSMENTS FOR LAND USE PLANS F2APPROPRIATE ASSESSMENTS FOR LAND USE PLANS FOR ENGLAND AND WALES

Co-ordination for land use plan prepared by more than one planning authority85D.

(1)

This regulation applies where two or more planning authorities prepare F3a strategic development plan under section 4 or a joint local development plan under section 16 of the 1997 Planning Act.

(2)

Nothing in regulation 85B(1) requires a planning authority to assess any implications of F4a strategic development plan or a joint local development plan which would be more appropriately assessed under that provision by another planning authority.

(3)

The Scottish Ministers may issue guidance to planning authorities for the purposes of regulation 85B(1) as to the circumstances in which a planning authority may or should adopt the reasoning or conclusions of another planning authority as to whether F5a strategic development plan or a joint local development plan–

(a)

is likely to have a significant effect on a European site F6or a European offshore marine site, or

(b)

will adversely affect the integrity of a European site F7or a European offshore marine site.

(4)

The planning authorities involved shall have regard to any guidance issued under paragraph (3) in discharging their functions under regulation 85B(1).

(5)

In determining whether F8a strategic development plan or a joint local development plan should be adopted under regulation 85C(1) a planning authority shall seek and have regard to the views of other planning authorities involved.

F9Co-ordination for land use plan prepared by more than one authority85D.

(1)

The following provisions apply where two or more local planning authorities prepare a joint local development document under section 28 (joint local development documents) or a joint local development plan under section 72 (joint local development plans) of the 2004 Planning Act.

(2)

Nothing in paragraph (1) of regulation 85B (assessment of implications for European site or European offshore marine site) requires a local planning authority to assess any implications of a joint local development document or plan which would be more appropriately assessed under that provision by another local planning authority.

(3)

The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may issue guidance to local planning authorities for the purposes of regulation 85B(1) as to the circumstances in which an authority may or should adopt the reasoning or conclusions of another authority as to whether a joint local planning document or plan—

(a)

is likely to have a significant effect on a European site or European offshore marine site, or

(b)

will adversely affect the integrity of a European site or European offshore marine site.

(4)

The local planning authorities concerned shall have regard to any such guidance.

(5)

In determining whether a joint local development document or plan should be adopted under regulation 85C (considerations of overriding public interest), a local planning authority shall seek and have regard to the views of the other local planning authorities concerned.