Planning and Compulsory Purchase Act 2004

Planning contribution: regulations

Planning contribution

Applications for planning permission and certain consents

Major infrastructure projects

Enforcement in relation to Crown land

Crown application: transitional

Crown application: transitional

Compulsory acquisition of land for development etc

Preparation requirements

Subordinate legislation

Assessment of compensation: valuation date

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Local development documents

Statement of community involvement

Statement of community involvement

Withdrawal of local development documents

Guidance

Regulations

Applications for planning permission and certain consents

Effect of revision or revocation of development order on incomplete development

Effect of revision or revocation of development order on incomplete development

Power to decline to determine applications

Simplified planning zones

Local development plan

Fees and charges

Fees and charges

Major infrastructure projects

Crown application: transitional

Subordinate legislation

Subordinate legislation: Scotland

Urgent works relating to Crown land

Amendments

Procedure for authorisation by authority other than a Minister

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Temporary direction pending possible use of intervention powers

Statement of community involvement

Independent examination

Interpretation

Effect of revision or revocation of development order on incomplete development

Power to decline to determine applications

Correction notice

Urban development corporations

Urgent Crown development

Procedure for authorisation by authority other than a Minister

Procedure for authorisation by authority other than a Minister

Procedure for authorisation by a Minister

Assessment of compensation: valuation date

Compulsory acquisition of land for development etc

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Duty to co-operate in relation to planning of sustainable development

Independent examination

Power to decline to determine applications

Urban development corporations

Enforcement in relation to Crown land

Crown application of planning Acts

Urgent works relating to Crown land

Procedure for authorisation by authority other than a Minister

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Regional planning bodies

Local plan timetable

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of local development documents

Joint committees: additional functions

Correction of errors in decisions

Exclusion of certain representations

Subordinate legislation: Scotland

Compulsory acquisition of land for development etc

Procedure for authorisation by authority other than a Minister

Confirmation by acquiring authority

Crown

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Power to decline to determine applications

Preparation requirements

Survey

Preparation requirements

Amendments

Interpretation

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Intervention by Secretary of State

Joint committees: additional functions

Sustainable development

Interpretation

Procedure for authorisation by a Minister

Compulsory acquisition of land for development etc

Assessment of compensation: valuation date

Parliament

Procedure for authorisation by a Minister

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

33A

• (1) Each person who is—

• (a) a local planning authority,

• (b) a county council in England that is not a local planning authority, or

• (c) a body, or other person, that is prescribed or of a prescribed description,

must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) in maximising the effectiveness with which activities within subsection (3) are undertaken.

• (2) In particular, the duty imposed on a person by subsection (1) requires the person—

• (a) to engage constructively, actively and on an ongoing basis in any process by means of which activities within subsection (3) are undertaken, and

• (b) to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).

• (3) The activities within this subsection are—

• (a) the preparation of development plan documents,

• (b) the preparation of other local development documents,

• (c) the preparation of marine plans under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions,

• (d) activities that can reasonably be considered to prepare the way for activities within any of paragraphs (a) to (c) that are, or could be, contemplated, and

• (e) activities that support activities within any of paragraphs (a) to (c),

so far as relating to a strategic matter.

• (4) For the purposes of subsection (3), each of the following is a “strategic matter”—

• (a) sustainable development or use of land that has or would have a significant impact on at least two planning areas, including (in particular) sustainable development or use of land for or in connection with infrastructure that is strategic and has or would have a significant impact on at least two planning areas, and

• (b) sustainable development or use of land in a two-tier area if the development or use—

• (i) is a county matter, or

• (ii) has or would have a significant impact on a county matter.

• (5) In subsection (4)—

• “ county matter ” has the meaning given by paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),

• “ planning area ” means— the area of—a district council (including a metropolitan district council),a London borough council, ora county council in England for an area for which there is no district council,but only so far as that area is neither in a National Park nor in the Broads,a National Park,the Broads,the English inshore region, orthe English offshore region, and

• “ two-tier area ” means an area— for which there is a county council and a district council, butwhich is not in a National Park.

• (6) The engagement required of a person by subsection (2)(a) includes, in particular—

• (a) considering whether to consult on and prepare, and enter into and publish, agreements on joint approaches to the undertaking of activities within subsection (3), and

• (b) if the person is a local planning authority, considering whether to agree under section 28 to prepare joint local development documents.

• (7) A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.

• (8) A person, or description of persons, may be prescribed for the purposes of subsection (1)(c) only if the person, or persons of that description, exercise functions for the purposes of an enactment.

• (9) A person is within this subsection if the person is a body, or other person, that is prescribed or of a prescribed description.

• (10) In this section—

• “ the English inshore region ” and “ the English offshore region ” have the same meaning as in the Marine and Coastal Access Act 2009, and

• “ land ” includes the waters within those regions and the bed and subsoil of those waters.

Development plan

Authorities monitoring reports

38A

• (1) Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan.

• (2) A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.

• (3) Schedule 4B to the principal Act, which makes provision about the process for the making of neighbourhood development orders, including—

• (a) provision for independent examination of orders proposed by qualifying bodies, and

• (b) provision for the holding of referendums on orders proposed by those bodies,

is to apply in relation to neighbourhood development plans (subject to the modifications set out in section 38C(5) of this Act).

• (4) A local planning authority to whom a proposal for the making of a neighbourhood development plan has been made—

• (a) must make a neighbourhood development plan to which the proposal relates if in each applicable referendum under that Schedule (as so applied) more than half of those voting have voted in favour of the plan, and

• (b) if paragraph (a) applies, must make the plan as soon as reasonably practicable after the referendum is held and, in any event, by such date as may be prescribed.

• (5) If—

• (a) there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61H of the principal Act), and

• (b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,

the authority may (but need not) make a neighbourhood development plan to which the proposal relates.

• (6) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any assimilated obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).

• (7) Regulations made by the Secretary of State may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (6).

• (8) The regulations may in particular make provision—

• (a) for the holding of an examination,

• (b) as to the payment by a local planning authority of remuneration and expenses of the examiner,

• (c) as to the award of costs by the examiner,

• (d) as to the giving of notice and publicity,

• (e) as to the information and documents that are to be made available to the public,

• (f) as to the making of reasonable charges for anything provided as a result of the regulations,

• (g) as to consultation with and participation by the public, and

• (h) as to the making and consideration of representations (including the time by which representations must be made).

• (9) The authority must publish in such manner as may be prescribed—

• (a) their decision to act under subsection (4) or (6),

• (b) their reasons for making that decision, and

• (c) such other matters relating to that decision as may be prescribed.

• (10) The authority must send a copy of the matters required to be published to—

• (a) the qualifying body that initiated the process for the making of the plan, and

• (b) such other persons as may be prescribed.

• (11) If a neighbourhood development plan is in force in relation to a neighbourhood area—

• (a) a qualifying body may make a proposal for the existing plan to be replaced by a new one, and

• (b) the process for the making of the replacement plan is the same as the process for the making of the existing plan.

• (11A) Subsection (11) is subject to Schedule A2, which makes provision for the modification of a neighbourhood development plan.

• (11B) Subsection (11C) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood development plan relates to more than one neighbourhood area.

• (11C) The replacement of the plan by a new plan in relation to one or some of those areas does not affect the continuation in force of the plan in relation to the other area or areas.

• (12) For the purposes of this section and section 38B —

• “local planning authority” has the same meaning as it has in Part 2 (see section 15LF),

• “neighbourhood area” has the meaning given by sections 61G and 61I(1) of the principal Act,

• “prescribed” means prescribed by regulations made by the Secretary of State, and

• “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act.

38B

• (A1) A neighbourhood development plan may include—

• (a) policies (however expressed) in relation to the amount, type and location of, and timetable for, development in the neighbourhood area in the period for which the plan has effect;

• (b) other policies (however expressed) in relation to the use or development of land in the neighbourhood area which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area;

• (c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under paragraph (a) or (b), would give rise;

• (d) requirements with respect to design that relate to development, or development of a particular description, throughout the neighbourhood area, in any part of that area or at one or more specific sites in that area, which the qualifying body considers should be met for planning permission for the development to be granted.

• (1) A neighbourhood development plan—

• (a) must specify the period for which it is to have effect,

• (b) may not include provision about development that is excluded development, and

• (c) may not relate to more than one neighbourhood area.

• (2) Only one neighbourhood development plan may be made for each neighbourhood area.

• (2A) Subsections (1)(c) and (2) are subject to section 61G(6D) of the principal Act (as applied by section 38C(5A) of this Act).

• (2B) So far as the qualifying body considers appropriate, having regard to the subject matter of the neighbourhood development plan, the plan must—

• (a) be designed to secure that the development and use of land in the neighbourhood area contribute to the mitigation of, and adaptation to, climate change, and

• (b) take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area, including in particular—

• (i) the areas identified in the strategy as areas which—

• (A) are, or could become, of particular importance for biodiversity, or

• (B) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

• (ii) the priorities set out in the strategy for recovering or enhancing biodiversity, and

• (iii) the proposals set out in the strategy as to potential measures relating to those priorities.

• (2C) The neighbourhood development plan must not—

• (a) include anything that is not permitted or required by or under subsections (A1) to (2A) or regulations under subsection (4), or

• (b) be inconsistent with or (in substance) repeat any national development management policy.

• (3) If to any extent a policy set out in a neighbourhood development plan conflicts with any other statement or information in the plan, the conflict must be resolved in favour of the policy.

• (4) Regulations made by the Secretary of State may make provision—

• (a) restricting the provision that may be included in neighbourhood development plans about the use of land,

• (b) requiring or permitting neighbourhood development plans to include such matters as are prescribed in the regulations, and

• (c) prescribing the form of neighbourhood development plans.

• (5) A local planning authority must publish each neighbourhood development plan that they make in such manner as may be prescribed by regulations made by the Secretary of State.

• (6) Section 61K of the principal Act (meaning of “excluded development”) is to apply for the purposes of subsection (1)(b).

38C

• (1) The following provisions of the principal Act are to apply in relation to neighbourhood development plans.

• (2) The provisions to be applied are—

• (a) section 61F (authorisation to act in relation to neighbourhood areas),

• (b) section 61I(2) and (3) (neighbourhood areas in areas of two or more local planning authorities),

• (c) section 61M (revocation or modification of neighbourhood development orders),

• (d) section 61N (legal challenges),

• (e) section 61O (guidance), and

• (f) section 61P (provision as to the making of certain decisions by local planning authorities).

• (2A) Section 61F of the principal Act is to apply in accordance with subsection (2) of this section as if—

• (a) subsections (8)(a) and (8B) also referred to a proposal for the modification of a neighbourhood development plan,

• (b) subsection (13)(b) also referred to a proposal for the modification of a neighbourhood development plan made by a neighbourhood forum, and

• (c) subsection (13)(c) also referred to any duty of a local planning authority under paragraph 7, 8 or 9 of Schedule A2 to this Act.

• (3) Section 61M of the principal Act is to apply in accordance with subsection (2) of this section as if

• (a) the words “by order” (wherever occurring) were omitted , and

• (b) the reference in subsection (4A) to a modification materially affecting any planning permission granted by the order were to a modification materially affecting the policies in the plan.

• (4) Section 61N(1) of the principal Act is to apply in accordance with subsection (2) of this section as if the reference to section 61E(4) or (8) of that Act were a reference to section 38A(4) or (6) of this Act.

• (5) Schedule 4B to the principal Act is to apply in accordance with 38A(3) of this Act with the following modifications—

• (a) the reference to section 61E(8) of the principal Act is to be read as a reference to section 38A(6) of this Act,

• (b) references to the provision made by or under sections 61E(2), 61J and 61L of the principal Act are to be read as references to the provision made by or under sections 38A and 38B of this Act,

• (c) references to section 61L(2)(b) or (5) of the principal Act are to be disregarded, and

• (d) paragraph 8 is to have effect as if—

• (i) sub-paragraphs (2)(b) and (c) were omitted,

• (ii) in sub-paragraph (2), for paragraph (ea) there were substituted—

(ea) the making of the neighbourhood development plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the neighbourhood development plan were not to be made,

, and

• (iii) sub-paragraphs (3) to (5) were omitted.

• (5A) Section 61G(6D) of the principal Act is to apply in relation to neighbourhood development plans as if it also provided that a modification under section 61G(6) of that Act of a designation of a neighbourhood area does not affect the continuation in force of a neighbourhood development plan even though, as a result of the modification, more than one plan has effect for the same area.

• (6) Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations

• (a) on proposals for neighbourhood development plans, or on neighbourhood development plans, that have already been made, or

• (b) on proposals for the modification of neighbourhood development plans, or on modifications of neighbourhood development plans, that have already been made.

• (7) The fact that the list of applied provisions includes section 61N(2) and (3) of the principal Act is not to affect the operation of section 20(2) of the Interpretation Act 1978 in relation to other references to enactments applied in accordance with this section.

Development plan

Power to decline to determine applications

Applications for planning permission and certain consents

Major infrastructure projects

Compulsory acquisition of land for development etc

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Major infrastructure projects

Major infrastructure projects

Compulsory acquisition of land for development etc

Procedure for authorisation by authority other than a Minister

Procedure for authorisation by authority other than a Minister

Examinations

Examinations

Interpretation

Amendments

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Crown application of planning Acts

Special provision relating to national security: Wales

Procedure for authorisation by authority other than a Minister

Procedure for authorisation by authority other than a Minister

Crown

Crown

Interpretation

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

Subordinate legislation

Confirmation by acquiring authority

Confirmation by acquiring authority

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

60A

• (1) The Welsh Ministers must prepare and publish a statement of public participation setting out their policies relating to the consultation to be carried out in preparing the National Development Framework for Wales.

• (2) In particular, the statement must include provision about—

• (a) the form that the consultation will take,

• (b) when the consultation will take place, and

• (c) the steps that will be taken to involve members of the public in the preparation of the Framework.

• (3) The statement must provide that, as part of the consultation, the Welsh Ministers will—

• (a) publish a draft of the Framework, and

• (b) allow a period of 12 weeks beginning with the publication of the draft Framework during which any person may make representations with regard to the draft.

• (4) The Welsh Ministers may revise the statement, and must publish the statement as revised.

60B

• (1) Before publishing the National Development Framework for Wales, the Welsh Ministers must—

• (a) prepare a draft of the Framework,

• (b) carry out an appraisal of the sustainability of the policies set out in the draft, and

• (c) carry out consultation in accordance with the statement of public participation.

• (1A) In preparing the draft Framework under subsection (1)(a), the Welsh Ministers must have regard to the most recent sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023.

• (2) The appraisal under subsection (1)(b) must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language.

• (3) If, after complying with subsection (1), the Welsh Ministers wish to proceed with the draft of the Framework (with or without changes), they must lay before the National Assembly for Wales—

• (a) the draft, and

• (b) a report which—

• (i) summarises the representations they received during the consultation carried out under subsection (1)(c), and

• (ii) explains how they have taken the representations into account.

• (4) The Welsh Ministers must have regard to—

• (a) any resolution passed by the National Assembly for Wales with regard to the draft Framework during the Assembly consideration period, and

• (b) any recommendation made by a committee of the National Assembly with regard to the draft during that period.

• (5) After the expiry of the Assembly consideration period, the Welsh Ministers—

• (a) may publish the National Development Framework for Wales in the terms of the draft laid under subsection (3), or

• (b) if they propose to make changes to that draft, may—

• (i) lay before the National Assembly for Wales an amended draft of the Framework, and

• (ii) publish the National Development Framework for Wales in the terms of the amended draft.

• (6) If any resolution was passed or any recommendation was made as mentioned in subsection (4), the Welsh Ministers must also, not later than the day on which the Framework is published, lay before the National Assembly for Wales a statement explaining how they have had regard to the resolution or recommendation.

• (7) In this section, “the Assembly consideration period” means the period of 60 days beginning with the day on which a draft of the Framework is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

60C

• (1) The Welsh Ministers must keep the National Development Framework for Wales under review.

• (2) The Welsh Ministers may revise the Framework at any time, and must publish the Framework as revised.

• (3) Sections 60A and 60B apply for the purposes of the revision of the Framework, as if references to the Framework (or a draft of the Framework) were references to the Framework as revised (or a draft of the Framework as revised).

• (4) Subsection (5) applies if the Welsh Ministers, having published a draft of a revised Framework in accordance with the statement of public participation, decide not to proceed with the revision of the Framework.

• (5) The Welsh Ministers must—

• (a) publish notice of their decision and the reasons for it, and

• (b) if a draft of a revised Framework has been laid before the National Assembly for Wales under section 60B(3), lay a copy of the notice before the National Assembly.

• (6) Subsection (7) applies if—

• (a) a review period ends, and

• (b) the Welsh Ministers have not, within that period—

• (i) published a revised Framework, or

• (ii) laid a draft revised Framework before the National Assembly for Wales under section 60B(3).

• (7) As soon as reasonably practicable after the end of the review period, the Welsh Ministers must publish and lay before the National Assembly for Wales a statement—

• (a) setting out their assessment of whether the Framework should be revised and giving reasons for that assessment, and

• (b) if they consider that the Framework should be revised, setting out a timetable for its revision.

• (8) For the purposes of subsections (6) and (7)—

• (a) the first review period—

• (i) begins with the day on which the Framework is first published, and

• (ii) ends with the fifth anniversary of the day on which the Framework is first published or, if earlier, with the day on which a revised Framework is published;

• (b) each subsequent review period—

• (i) begins with the day after the last day of the preceding review period, and

• (ii) ends with the fifth anniversary of the last day of the preceding review period or, if earlier, with the day on which a revised Framework is published.

...

60D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60H

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66A

• (1) This section applies where a local planning authority are not required to withdraw their local development plan under section 66.

• (2) Subject to the provisions of this section, the authority may withdraw the plan at any time before adopting it under section 67.

• (3) A local planning authority may not withdraw their local development plan when the Welsh Ministers have—

• (a) directed the authority to submit the plan for approval under section 65(4), or

• (b) taken any step under section 71 in connection with the plan.

• (4) A local planning authority may withdraw a local development plan that has been submitted for independent examination under section 64 only if—

• (a) the person carrying out the independent examination recommends that the plan is withdrawn, and

• (b) the recommendation is not overruled by a direction given by the Welsh Ministers.

• (5) A local planning authority may withdraw a local development plan to which subsection (6) applies only if—

• (a) the authority have given notice to the Welsh Ministers of their intention to withdraw the plan, and

• (b) the notice period has expired.

• (6) This subsection applies to a local development plan if the local planning authority—

• (a) have not yet submitted the plan for independent examination under section 64, but

• (b) have taken steps in connection with the preparation of the plan that are specified in regulations made by the Welsh Ministers.

• (7) Where a local planning authority have given notice under subsection (5)(a), the Welsh Ministers may, by direction to the authority, do either or both of the following—

• (a) require the authority to provide further information;

• (b) extend the notice period.

• (8) The Welsh Ministers may by regulations make provision about the giving of notices and directions under this section (including provision about their form and content and how they are to be given).

• (9) Subject to any direction given under subsection (7)(b) in a particular case, the “notice period” means whatever period, beginning with the giving of notice under subsection (5)(a), is specified in regulations made by the Welsh Ministers.

68A

• (1) Following the publication of the National Development Framework for Wales or a revised Framework, a local planning authority must consider whether to carry out a review of their local development plan.

• (2) Following the adoption or approval of a strategic development plan or revised strategic development plan for all or part of their area, a local planning authority must consider whether to carry out a review of their local development plan.

Subordinate legislation: Scotland

Assessment of compensation: valuation date

Confirmation by acquiring authority

Interpretation

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

SCHEDULE 2A

PART 1 — STATUS AND MEMBERSHIP

Status

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of local planning authority members

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of nominated members

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Composition of strategic planning panels: further provision

5