The Town and Country Planning (Local Planning) (England) Regulations 2012

Regulation 30

SCHEDULE 1E+WCall-in by the Secretary of State

This schedule has no associated Explanatory Memorandum

1.  This Schedule applies where the Secretary of State gives a direction under section 21(4) of[F1, or paragraph 8(5) of Schedule A1 to,] the Act.E+W

Textual Amendments

[F2Making available a direction given under section 21(4)]E+W

2.  The local planning authority must make a copy of the direction given under section 21(4) of the Act available in accordance with regulation 35.

Textual Amendments

[F3Provision of a copy of a direction to the local planning authority concernedE+W

2A.  Where the Secretary of State gives a direction under paragraph 8(5) of Schedule A1 to the Act, the Mayor of London[F4, combined authority or upper-tier county council] (as the case may be) must provide a copy of the direction to the local planning authority concerned and that authority must make a copy of the direction available in accordance with regulation 35.]

Textual Amendments

[F5Procedure for pre-submission local plans: direction under paragraph section 21(4)]E+W

3.—(1) If the direction under section 21(4) of the Act is given before the local planning authority submit the local plan to the Secretary of State under section 20 of the Act, the local planning authority must—

(a)unless they have already complied with section 19(5) of the Act, do so;

(b)where they are a London borough council, unless they have made a request under section 24(4)(a) of the Act, make such a request;

(c)before complying with paragraph (d)—

(i)make a copy of each of the proposed submission documents and a statement of the representations procedure available in accordance with regulation 35;

(ii)ensure that a statement of the representations procedure and a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected, is sent to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under regulation 18(1) or this paragraph (as the case may be);

(d)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired send to the Secretary of State—

(i)the sustainability appraisal report for the local plan;

(ii)a statement of the description referred to in regulation 22(1)(c);

(iii)copies of any representations made in accordance with sub-paragraph (2); and

(iv)such supporting documents as in the opinion of the local planning authority are relevant to the preparation of the local plan; and

(e)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired—

(i)if the adoption or approval of any part of the local plan would result in changes to the adopted policies map, send a map showing those changes to the Secretary of State;

(ii)make available in accordance with regulation 35 a copy of the local plan and each of the documents referred to in paragraph (d); and

(iii)send to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under regulation 18(1), notification that those documents are available for inspection and of the places and times at which they can be inspected.

(2) Any person may make representations to the local planning authority about a local plan made available pursuant to paragraph 3(1)(c) but they must be received by the local planning authority by the date specified in the statement of the representations procedure made available under that paragraph.

(3) Nothing in paragraph 3(1)(c), (d) or (e) requires a local planning authority to take any steps if they have taken an equivalent step under regulation 19, 20 or 22 before receipt of the direction under section 21(4) of the Act.

(4) The following modifications to regulation 17 apply for the purposes of this paragraph—

(a)the definition of “proposed submission documents” and the definition of “statement of the representations procedure” is each to be treated as if “which the local planning authority propose to submit to the Secretary of State” were omitted;

(b)paragraph (b) of the definition of “proposed submission documents” is to be treated as if for “if the adoption of the local plan” there were substituted “ if the adoption or approval of any part of the local plan ”;

(c)paragraph (f) of the definition of “statement of the representations procedure” is to be treated as if—

(i)sub-paragraph (i) were omitted; and

(ii)for the reference to the adoption of the local plan in sub-paragraph (iii) there were a reference to the Secretary of State's decision under section 21(9)(a) of the Act.

Textual Amendments

[F6Procedure for pre-submission local plans: direction under paragraph 8(5) of Schedule A1E+W

3A.—(1) If the direction under paragraph 8(5) of Schedule A1 to the Act is given before the Mayor of London under paragraph 2(2), [F7the combined authority under paragraph 6(2) or the upper-tier county council under paragraph 7C(2)], of Schedule A1 to the Act has held an independent examination, the Mayor of London[F8, the combined authority or the upper-tier county council] (as the case may be) must—

(a)unless they have already carried out an appraisal of the sustainability of the proposals in each development plan document, do so;

(b)before complying with paragraph (c)—

(i)provide a copy of each of the proposal documents and a statement of the representations procedure (both as defined in paragraph 2(10) of Schedule 2) to the local planning authority concerned who must make the documents and statement available in accordance with regulation 35;

(ii)provide a statement of the representations procedure and a statement of the fact that the proposal documents are available for inspection and of the places and times at which they can be inspected to the local planning authority concerned who must send both statements to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under paragraph 2(5)(b) of Schedule 2;

(c)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired send to the Secretary of State—

(i)the sustainability appraisal report for the local plan;

(ii)the statement of the representations procedure;

(iii)copies of any representations made in accordance with sub-paragraph (2); and

(iv)such supporting documents as in the opinion of the Mayor of London[F8, the combined authority or the upper-tier county council] (as the case may be) are relevant to the preparation of the local plan; and

(d)as soon as reasonably practicable after the period specified pursuant to sub-paragraph (2) has expired—

(i)if the adoption or approval of any part of the local plan would result in changes to the adopted policies map, send a map showing those changes to the Secretary of State;

(ii)provide a copy of the local plan and each of the documents referred to in paragraph (c) to the local planning authority concerned who must make the local plan and documents available in accordance with regulation 35; and

(iii)provide notification that those documents are available for inspection and of the places at times at which they can be inspected to the local planning authority concerned who must send the notification to each of the general consultation bodies and each of the specific consultation bodies which were invited to make representations under paragraph 2(5)(b) of Schedule 2.

(2) Any person may make representations to the Mayor of London[F9, the combined authority or the upper-tier county council] (as the case may be) about a local plan made available pursuant to sub-paragraph (1)(b) but they must be received by the Mayor of London[F9, the combined authority or the upper-tier county council] (as the case may be) before the end of the period specified in the statement of the representations procedure made available under that sub-paragraph.]

Textual Amendments

Changes proposed by the Secretary of State to a local planE+W

4.—(1) Where the Secretary of State proposes to make a decision under section 21(9)(a) of the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under section 20 of the Act, the Secretary of State must notify the local planning authority of that fact and provide a document containing the proposed changes and the reasons for them.

[F10(1A) Where the Secretary of State proposes to make a decision under paragraph 8(6) of Schedule A1 to the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under paragraph 2(2)[F11, paragraph 6(2) or 7C(2) of Schedule A1 to the Act], the Secretary of State must notify the Mayor of London[F12, the combined authority or the upper-tier county council] (as the case may be) of that fact and provide a document containing the proposed changes and the reasons for them.

(1B) Where the Mayor of London[F13, the combined authority or the upper-tier county council] receives notice under sub-paragraph (1A), the Mayor of London[F13, the combined authority or the upper-tier county council] (as the case may be) must provide the notice and document referred to under sub-paragraph (1A) to the local planning authority concerned.]

(2) As soon as reasonably practicable after receipt of notice under sub-paragraph (1) [F14or (1B)] the local planning authority must—

(a)make copies of the proposed changes, the reasons and a statement of the matters in sub-paragraph (3) available in accordance with regulation 35;

(b)send copies of the proposed changes and the reasons to the bodies in sub-paragraph (4) and notify these bodies of the matters in sub-paragraph (3); and

(c)make available in accordance with regulation 35 details of where the proposed changes and the reasons are available for inspection and the places and times at which they can be inspected.

(3) The matters referred to in sub-paragraph (2) are—

(a)the date by which representations on the proposed changes must be made (being not less than 6 weeks from the date on which the local planning authority complies with sub-paragraph (2));

(b)the address to which representations must be sent; and

(c)a statement that any representations made may be accompanied by a request to be notified of the Secretary of State's decision under section 21(9)(a) of[F15, or paragraph 8(6) of Schedule A1 to,] the Act.

(4) The bodies referred to in sub-paragraph (2)(b) are—

(a)each of the specific consultation bodies to the extent that the Secretary of State thinks the proposed changes affect the body; and

(b)such of the general consultation bodies as the Secretary of State considers appropriate.

Textual Amendments

Representations on proposed changesE+W

5.—(1) Any person may make representations on the proposed changes made available pursuant to paragraph 4(2) of this Schedule.

(2) Any such representations must be received at the address, and by the date, specified pursuant to paragraph 4(3) of this Schedule.

(3) Before the Secretary of State approves, approves with specified modifications or rejects a local plan or part of it under section 21(9)(a) of[F16, or paragraph 8(6) of Schedule A1 to,] the Act, the Secretary of State must consider any representations made in accordance with this paragraph.

Textual Amendments

Publication of the recommendations of the person appointed to carry out the independent examinationE+W

6.  As soon as reasonably practicable after the Secretary of State publishes the recommendations of the independent examiner in accordance with section 21(6) of[F17, or paragraph 9(6) of Schedule A1 to,] the Act, the local planning authority[F18, and the Mayor of London[F19, combined authority or upper-tier county council] (as the case may be) where the independent examination is held under paragraph 2(2)[F20, 6(2) or 7C(2) of Schedule A1 to the Act] ,] must—

(a)make the recommendations and reasons of the person appointed to carry out the independent examination available in accordance with regulation 35; and

(b)give notice to those persons who requested to be notified of the publication of those recommendations that they have been published.

Textual Amendments

Secretary of State's decisionE+W

7.  As soon as reasonably practicable after the Secretary of State approves, approves subject to specified modifications or rejects a local plan or part of it in accordance with section 21(9)(a) of[F21, or paragraph 8(6) of Schedule A1 to,] the Act, the local planning authority[F22, and the Mayor of London[F23, combined authority or upper-tier county council] (as the case may be) where the decision in this paragraph is made under paragraph 8(6) of Schedule A1 to the Act,] must—

(a)make available in accordance with regulation 35—

(i)the local plan and the reasons given by the Secretary of State pursuant to section 21(9)(b) of[F24, or paragraph 8(6) of Schedule A1 to,] the Act,

(ii)a copy of the decision statement,

(iii)a statement of the fact that the local plan and a copy of the Secretary of State's reasons are available for inspection and the places where and times when the document and reasons can be inspected, and

(b)send a copy of the decision statement to any person who has asked to be notified of the Secretary of State's decision under section 21(9)(a) of[F21, or paragraph 8(6) of Schedule A1 to,] the Act.

Textual Amendments

Removal of documents after rejection of a local planE+W

8.—(1) This paragraph applies where—

(a)the Secretary of State rejects a local plan under section 21(9)(a) of[F25, or paragraph 8(6) of Schedule A1 to,] the Act; or

(b)the Secretary of State rejects part of a local plan under section 21(9)(a) of[F25, or paragraph 8(6) of Schedule A1 to,] the Act and the local planning authority decide not to proceed with the remainder.

(2) The local planning authority must, as soon as reasonably practicable after the end of the period specified in sub-paragraph (3), cease to make available any documents relating to the local plan.

(3) The period mentioned in sub-paragraph (2) is—

(a)in the circumstances mentioned in sub-paragraph (1)(a), 3 months from the date of the Secretary of State's rejection of the local plan; or

(b)in the circumstances mentioned in sub-paragraph (1)(b), 3 months from the date of the local planning authority's decision.

Textual Amendments