Planning and Compulsory Purchase Act 2004

Part 1 — Regional functions

Spatial strategy

Joint committees

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Planning bodies

Planning contribution: regulations

2

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Interpretation

3

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Assistance from certain local authorities

4

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RSS revision

RSS: revision

5

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RSS: community involvement

6

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RSS: Secretary of State’s functions

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RSS: examination in public

8

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RSS: further procedure

9

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Secretary of State: additional powers

10

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Supplementary

Regulations

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Supplementary

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Part 2 — Local development

Survey

Survey of area

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• (1) The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development.

• (2) These matters include—

• (a) the principal physical, economic, social and environmental characteristics of the area of the authority;

• (b) the principal purposes for which land is used in the area;

• (c) the size, composition and distribution of the population of the area;

• (d) the communications, transport system and traffic of the area;

• (e) any other considerations which may be expected to affect those matters;

• (f) such other matters as may be prescribed or as the Secretary of State (in a particular case) may direct.

• (3) The matters also include—

• (a) any changes which the authority think may occur in relation to any other matter;

• (b) the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.

• (4) The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority.

• (5) In exercising a function under subsection (4) a local planning authority must consult with the local planning authority for the neighbouring area in question.

• (6) If a neighbouring area is in Wales references to the local planning authority for that area must be construed in accordance with Part 6.

Survey of area: county councils

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• (1) A minerals and waste planning authority must keep under review the matters which may be expected to affect minerals and waste development in the relevant area or the planning of such development.

• (2) Subsections (2) to (5) of section 13 apply for the purposes of subsection (1) as they apply for the purposes of that section and—

• (a) references to the local planning authority must be construed as references to the minerals and waste planning authority,

• (b) references to the area of the local planning authority must be construed as references to the relevant area, and

• (c) references to the local planning authority for a neighbouring area must be construed as references to—

• (i) in the case of a neighbouring area in England, the minerals and waste planning authority for that area, or

• (ii) in the case of a neighbouring area in Wales, the local planning authority for that area for the purposes of Part 6.

• (3) The Secretary of State may by regulations require or (in a particular case) may direct a county council to keep under review in relation to their area such of the matters mentioned in section 13(1) to (4) as the Secretary of State prescribes or directs (as the case may be).

• (4) For the purposes of subsection (3)—

• (a) it is immaterial whether the matter relates to minerals and waste development;

• (b) if a matter which is prescribed or in respect of which the Secretary of State gives a direction falls within section 13(4) the county council must consult the local planning authority for the area in question.

• (5) The county council must make available the results of their review under subsection (3) to such persons as the Secretary of State prescribes or directs (as the case may be).

Development schemes

Local development scheme

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• (1) The local planning authority must prepare and maintain a scheme to be known as their local development scheme.

• (2) The scheme must specify—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (aa) the local development documents which are to be development plan documents;

• (b) the subject matter and geographical area to which each development plan document is to relate;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) which development plan documents (if any) are to be prepared jointly with one or more other local planning authorities;

• (e) any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 29;

• (f) the timetable for the preparation and revision of the development plan documents;

• (g) such other matters as are prescribed.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may—

• (a) prepare a local development scheme for the authority, and

• (b) direct the authority to bring that scheme into effect.

• (4) The Secretary of State or the Mayor of London may direct the local planning authority to make such amendments to the scheme as he thinks appropriate for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area.

• (4A) The Mayor of London—

• (a) may give a direction under subsection (3A) or (4) only if the local planning authority are a London borough, and

• (b) in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State.

• (5) A direction under subsection (3A) or (4) must contain the Secretary of State’s , or (as the case may be) the Mayor of London's, reasons for giving it.

• (6) The local planning authority must comply with a direction given under subsection (3A) or (4). In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E).

• (6A) If at any time the Mayor of London gives a direction under subsection (3A) or (4)—

• (a) he must at that time send a copy of the direction to the Secretary of State, and

• (b) effect is not to be given to the direction until such time as may be prescribed.

• (6B) The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

• (a) to disregard a direction given under subsection (3A) or (4) by the Mayor of London, or

• (b) to give effect to the direction with such modifications as may be specified in the Secretary of State's direction.

• (6C) Such a direction must contain the Secretary of State's reasons for giving it.

• (6D) If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

• (6E) The local planning authority must comply with any direction given by the Secretary of State under subsection (6B).

• (7) To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect.

• (8) The local planning authority must revise their local development scheme—

• (a) at such time as they consider appropriate;

• (b) when directed to do so by the Secretary of State or the Mayor of London. In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F).

• (8A) The Mayor of London—

• (a) may give a direction under subsection (8) only if the local planning authority are a London borough, and

• (b) in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State.

• (8AA) A direction may be given under subsection (8)(b) only if —

• (a) the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area.

, or

• (b) the Secretary of State has published data standards under section 36(3) which apply to the local development scheme and the person giving the direction thinks that the scheme should be revised so that it complies with the standards.

• (8B) If at any time the Mayor of London gives a direction under subsection (8)(b)—

• (a) he must at that time send a copy of the direction to the Secretary of State, and

• (b) the scheme is not to be revised until such time as may be prescribed.

• (8C) The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London.

• (8D) Such a direction must contain the Secretary of State's reasons for giving it.

• (8E) If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

• (8F) The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).

• (9) Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.

• (9A) The local planning authority must make the following available to the public—

• (a) the up-to-date text of the scheme,

• (b) a copy of any amendments made to the scheme, and

• (c) up-to-date information showing the state of the authority's compliance (or non-compliance) with the timetable mentioned in subsection (2)(f).

• (10) Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.

Minerals and waste development scheme

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• (1) A county council in respect of any part of their area for which there is a district council must prepare and maintain a scheme to be known as their minerals and waste development scheme.

• (2) Section 15 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals and waste development scheme as it applies in relation to a local development scheme.

• (3) This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose—

• (a) references to a local development scheme include references to a minerals and waste development scheme;

• (b) references to a local planning authority include references to a county council.

• (4) But subsection (3) does not apply to—

• (a) section 17(3);

• (b) section 24(1)(b), (4) and (7);

• (c) the references in section 24(5) to subsection (4) and the Mayor;

• (d) sections 29 to 31.

• (5) Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).

Documents

Local development documents

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The local planning authority's local development documents must (taken as a whole) set out the authority’s policies (however expressed) relating to the development and use of land in their area.

• (4) In the case of the documents which are included in a minerals and waste development scheme they must also (taken as a whole) set out the authority’s policies (however expressed) 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 within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).

• (5) If to any extent a policy set out in a local development document conflicts with any other statement or information in the document the conflict must be resolved in favour of the policy.

• (6) The authority must keep under review their local development documents having regard to the results of any review carried out under section 13 or 14.

• (6A) The Secretary of State may by regulations make provision requiring a local planning authority to review a local development document at such times as may be prescribed.

• (6B) If regulations under subsection (6A) require a local planning authority to review a local development document—

• (a) they must consider whether to revise the document following each review, and

• (b) if they decide not to do so, they must publish their reasons for considering that no revisions are necessary.

• (6C) Any duty imposed by virtue of subsection (6A) applies in addition to the duty in subsection (6).

• (7) Regulations under this section may prescribe—

• (za) which descriptions of documents are, or if prepared are, to be prepared as local development documents;

• (a) which descriptions of local development documents are development plan documents;

• (b) the form and content of the local development documents;

• (c) the time at which any step in the preparation of any such document must be taken.

• (8) A document is a local development document only in so far as it or any part of it—

• (a) is adopted by resolution of the local planning authority as a local development document;

• (b) is approved by the Secretary of State under section 21 or 27.

• (c) is approved by the Mayor of London under paragraph 2 of Schedule A1;

• (d) is approved by a combined authority under paragraph 6 of that Schedule.

• (e) is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.

Statement of community involvement

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• (1) The local planning authority must prepare a statement of community involvement.

• (2) The statement of community involvement is a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under sections 13, 15, 19, 26 and 28 of this Act and Part 3 of the principal Act of persons who appear to the authority to have an interest in matters relating to development in their area.

• (2A) Subject to subsection (2B), the reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).

• (2B) A statement of community involvement must set out the local planning authority's policies for giving advice or assistance under—

• (a) paragraph 3 of Schedule 4B to the principal Act (advice or assistance on proposals for making of neighbourhood development orders), and

• (b) paragraph 3 of Schedule A2 to this Act (advice or assistance on proposals for modification of neighbourhood development plans).

• (2C) The reference in subsection (2B)(a) to Schedule 4B to the principal Act includes that Schedule as applied by section 38A(3) of this Act (process for making neighbourhood development plans).

• (2D) Subsection (2B) applies regardless of whether, at any given time—

• (a) an area within the area of the authority has been designated as a neighbourhood area, or

• (b) there is a qualifying body which is entitled to submit proposals to the authority for the making by the authority of a neighbourhood development order or a neighbourhood development plan.

• (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).

• (3A) The statement of community involvement must not be specified as a development plan document in the local development scheme.

• (3B) The Secretary of State may by regulations prescribe matters to be addressed by a statement of community involvement in addition to the matters mentioned in subsection (2).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation of local development documents

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• (1) Development plan documents must be prepared in accordance with the local development scheme.

• (1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.