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Planning and Compulsory Purchase Act 2004

Type Public General Act

Publication 2004-05-13

Last updated 2026-04-16

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) Any step taken in relation to the joint development plan document to which the direction related is to be treated as a step taken by—

(a) a local planning authority to which the direction applied for the purposes of any corresponding document prepared by them, or

(b) two or more local planning authorities to which the direction applied for the purposes of any corresponding joint development plan document prepared by them.

(5) Any independent examination of a joint development plan document to which the direction related must be suspended.

(6) If before the end of the period prescribed for the purposes of this subsection a local planning authority to which the direction applied request the Secretary of State to do so, the Secretary of State may direct that—

(a) the examination is resumed in relation to—

(i) any corresponding document prepared by a local planning authority to which the direction applied, or

(ii) any corresponding joint development plan document prepared by two or more local planning authorities to which the direction applied, and

(b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

(7) The Secretary of State may by regulations make provision as to what is a corresponding document or a corresponding joint development plan document for the purposes of this section.

Local development orders

SCHEDULE A2

Proposals for modification of neighbourhood development plan

1

(1) This Schedule applies if a neighbourhood development plan has effect for a neighbourhood area within the area of a local planning authority.

(2) A qualifying body is entitled to submit a proposal to the local planning authority for the modification of the neighbourhood development plan.

(3) The proposal must be accompanied by—

(a) a draft of the neighbourhood development plan as proposed to be modified (the “draft plan”), and

(b) a statement which contains a summary of the proposals and sets out the reasons why the plan should be modified as proposed.

(4) The proposal must—

(a) be made in the prescribed form, and

(b) be accompanied by other documents and information of a prescribed description.

(5) The qualifying body must send to prescribed persons a copy of—

(a) the proposal,

(b) the draft plan, and

(6) The Secretary of State may publish a document setting standards for—

(a) the preparation of a draft of a neighbourhood development plan as proposed to be modified and other documents accompanying the proposal,

(b) the coverage in any document accompanying the proposal of a matter falling to be dealt with in it, and

(c) all or any of the collection, sources, verification, processing and presentation of information accompanying the proposal.

(7) The documents and information accompanying the proposal (including the draft plan) must comply with those standards.

2

(1) A qualifying body may withdraw a proposal at any time before the local planning authority act in relation to the proposal under paragraph 14.

(2) If—

(a) a proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, and

(b) the designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 9,

the proposal is to be treated as withdrawn by the qualifying body at that time.

(3) If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.

Advice and assistance in connection with proposals

3

(1) A local planning authority must give such advice or assistance to a qualifying body as, in all the circumstance, they consider appropriate for the purpose of, or in connection with, facilitating the making of a proposal for the modification of a neighbourhood development plan for a neighbourhood area within their area.

(2) Nothing in this paragraph is to be read as requiring the giving of financial assistance.

Requirements to be complied with before proposals made or considered

4

(1) The Secretary of State may by regulations make provision as to requirements that must be complied with before proposals for the modification of a neighbourhood development plan may be submitted to a local planning authority or fall to be considered by a local planning authority.

(2) The regulations may in particular make provision—

(a) as to the giving of notice and publicity,

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

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

(e) as to the making and consideration of representations (including the time by which they must be made),

(f) requiring prescribed steps to be taken before a proposal of a prescribed description falls to be considered by a local planning authority, and

(g) conferring powers or imposing duties on local planning authorities, the Secretary of State or other public authorities.

(3) The power to make regulations under this paragraph must be exercised to secure that—

(a) prescribed requirements as to consultation with and participation by the public must be complied with before a proposal for the modification of a neighbourhood development plan may be submitted to a local planning authority, and

(b) a statement containing the following information in relation to that consultation and participation must accompany the proposal submitted to the authority—

(i) details of those consulted,

(ii) a summary of the main issues raised, and

(iii) any other information of a prescribed description.

Consideration of proposals by authority

5

(1) A local planning authority may decline to consider a proposal submitted to them if they consider that it is a repeat proposal.

(2) A proposal (“the proposal in question”) is a “repeat” proposal for the purposes of this paragraph if it meets conditions A and B.

(3) Condition A is that—

(a) in the period of two years ending with the date on which the proposal in question is received, the authority received a proposal under this Schedule (“the earlier proposal”),

(b) the authority did not make a neighbourhood development plan in response to the earlier proposal as a result of paragraph 8(4) or 14(4) or (8), and

(4) Condition B is that the local planning authority consider that there has been no significant change in circumstances since the earlier proposal was dealt with as mentioned in sub-paragraph (3)(b).

6

If a local planning authority decline to consider a proposal under paragraph 5 they must notify the qualifying body of that fact and of their reasons for declining to consider it.

7

(1) This paragraph applies if—

(a) a proposal has been made to a local planning authority,

(b) the authority have not exercised their powers under paragraph 5 to decline to consider it, and

(c) the authority consider that the modifications contained in the draft plan to which it relates are so significant or substantial as to change the nature of the neighbourhood development plan which the draft plan would replace.

(2) The local planning authority must instead consider the proposal under paragraph 6 of Schedule 4B to the principal Act (as applied by sections 38A(3) and 38C(5) of this Act).

(3) That Schedule is to apply in relation to the proposal as if the proposal had been submitted to the local planning authority under that Schedule.

8

(1) This paragraph applies if—

(a) a proposal has been made to a local planning authority,

(b) the authority have not exercised their power under paragraph 5 to decline to consider it, and

(2) The authority must consider—

(a) whether the qualifying body is authorised for the purposes of a neighbourhood development plan to act in relation to the neighbourhood area concerned as a result of section 61F of the principal Act (as applied by section 38C(2)(a) of this Act),

(b) whether the proposal by the body complies with provision made by or under that section,

(c) whether the proposal and the documents and information accompanying it (including the draft plan) comply with provision made by or under paragraph 1, and

(d) whether the body has complied with the requirements of regulations made under paragraph 4 imposed on it in relation to the proposal.

(3) The authority must also consider whether the draft plan complies with the provision made by or under sections 38A and 38B.

(4) The authority must—

(a) notify the qualifying body as to whether or not they are satisfied that the matters mentioned in sub-paragraphs (2) and (3) have been met or complied with, and

(b) in any case where they are not so satisfied, refuse the proposal and notify the body of their reasons for refusing it.

Requirement to appoint examiner

9

(1) This paragraph applies if—

(a) a local planning authority have considered the matters mentioned in paragraph 8(2) and (3), and

(b) they are satisfied that the matters mentioned there have been met or complied with.

(2) The local planning authority must submit for independent examination—

(a) the draft plan, and

(b) such other documents as may be prescribed.

(3) The authority must make such arrangements as they consider appropriate in connection with the holding of the examination.

(4) The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment.

(5) If—

(a) it appears to the Secretary of State that no person may be appointed under sub-paragraph (4), and

(b) the Secretary of State considers that it is expedient for an appointment to be made under this sub-paragraph,

the Secretary of State may appoint a person to carry out the examination.

(6) The person appointed must be someone who, in the opinion of the person making the appointment—

(a) is independent of the qualifying body and the authority,

(b) does not have an interest in any land that may be affected by the draft plan, and

(7) The Secretary of State or another local planning authority may enter into arrangements with the authority for the provision of the services of any of their employees as examiners.

(8) Those arrangements may include—

(a) provision requiring payments to be made by the authority to the Secretary of State or other local planning authority, and

(b) other provision in relation to those payments and other financial matters.

What examiner must consider

10

(1) The examiner must first determine whether the modifications contained in the draft plan are so significant or substantial as to change the nature of the neighbourhood development plan which the draft plan would replace.

(2) The following provisions of this paragraph apply if the examiner determines that the modifications would have that effect.

(3) The examiner must—

(a) notify the qualifying body and the local planning authority of the determination, and

(b) give reasons for the determination.

(4) The qualifying body must decide whether it wishes to proceed with the proposal or withdraw it, and must notify the examiner and the local planning authority of that decision.

(5) If the qualifying body notifies the examiner that it wishes to proceed with the proposal, the examiner must consider the draft plan and the documents submitted with it under paragraph 8 of Schedule 4B to the principal Act (as applied by sections 38A(3) and 38C(5) of this Act).

(6) In that event that Schedule is to apply in relation to the draft plan and the documents submitted with it as if they had been submitted to the examiner under that Schedule.

11

(1) If paragraph 10(2) does not apply, the examiner must consider the following—

(a) whether the draft plan meets the basic conditions (see sub-paragraph (2));

(b) whether the draft plan complies with the provision made by or under sections 38A and 38B;

(2) A draft plan meets the basic conditions if—

(a) having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the plan,

(b) the making of the plan contributes to the achievement of sustainable development,

(ca) the making of the 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 draft plan were not to be made,

(d) the making of the plan does not breach, and is otherwise compatible with, assimilated obligations,

(da) any requirements imposed in relation to the plan by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with, and

(e) prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan.

(3) The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft plan is compatible with the Convention rights).

Procedure for examination

12

(1) The general rule is that the examination of the issues by the examiner under paragraph 10 or 11 is to take the form of the consideration of written representations.

(2) But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing—

(a) in any case where the examiner considers that there are exceptional reasons for doing so, or

(b) in such other cases as may be prescribed.

(3) The following persons are entitled to make oral representations about the issue at the hearing—

(a) the qualifying body,

(b) the local planning authority, and

(4) The hearing must be in public.

(5) It is for the examiner to decide how the hearing is to be conducted, including—

(a) whether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, and

(b) the amount of time for the making of a person's oral representations or for any questioning by another person.

(6) In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure—

(a) adequate examination of a particular issue, or

(b) a person has a fair chance to put a case.

(7) Sub-paragraph (5) is subject to regulations under paragraph 15.

Recommendation by examiner

13

(1) After considering a draft plan under paragraph 11, the examiner must make a report on the draft plan containing recommendations in accordance with this paragraph (and no other recommendations).

(2) The report must recommend either—

(a) that the local planning authority should make the draft plan,

(b) that the local planning authority should make the draft plan with the modifications specified in the report, or

(3) The only modifications that may be recommended are—

(a) modifications that the examiner considers need to be made to secure that the draft plan meets the basic conditions mentioned in paragraph 11(2),

(b) modifications that the examiner considers need to be made to secure that the draft plan is compatible with the Convention rights,

(c) modifications that the examiner considers need to be made to secure that the draft plan complies with the provision made by or under sections 38A and 38B, and

(d) modifications for the purpose of correcting errors.

(4) The report may not recommend that a plan (with or without modifications) should be made if the examiner considers that the plan does not—

(a) meet the basic conditions mentioned in paragraph 11(2), or

(b) comply with the provision made by or under sections 38A and 38B.

(5) The report must—

(a) give reasons for each of its recommendations, and

(b) contain a summary of its main findings.

(6) The examiner must send a copy of the report to the qualifying body and the local planning authority.

(7) The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.

Functions of authority: modifications proposed by qualifying body

14

(1) This paragraph applies if an examiner has made a report under paragraph 13.

(2) If the report recommends that the local planning authority should make the draft plan, the authority must do so (subject as follows).

(3) But if the examiner's report recommends that the authority should make the draft plan with the modifications specified in the report, the authority must make the draft plan with those modifications (subject as follows).

(4) Sub-paragraph (2) or (3) does not apply if the authority consider that to make the draft plan or (as the case may be) to do so with those modifications would breach, or would otherwise be incompatible with, any assimilated obligation or any of the Convention rights.

(5) If the authority do not make the draft plan on that ground, they must give reasons to the qualifying body for doing so.

(6) Where sub-paragraph (2) or (3) applies, the authority may make the draft plan with modifications or (as the case may be) modifications other than those specified in the report if—

(a) the authority considers the modifications need to be made to secure that the draft plan is compatible with assimilated obligations and the Convention rights, or

(b) the modifications are for the purpose of correcting errors.

(7) The authority must make the draft plan or (as the case may be) the draft plan with modifications permitted by this paragraph as soon as reasonably practicable and, in any event, by such date as may be prescribed.

(8) If the examiner's report recommends that the local planning authority should not make the draft plan, the authority must not make the draft plan.

Regulations about examinations

15

(1) The Secretary of State may by regulations make provision in connection with examinations under paragraph 9.

(2) The regulations may in particular make provision as to—

(a) the giving of notice and publicity in connection with an examination,

(b) the information and documents relating to an examination that are to be made available to the public,

(d) the making of written or oral representations in relation to draft plans (including the time by which written representations must be made),

(e) the written representations which are to be, or which may be or may not be, considered at an examination,

(f) the refusal to allow oral representations of a prescribed description to be made at a hearing,

(g) the procedure to be followed at an examination (including the procedure to be followed at a hearing),

(h) the payment by a local planning authority of remuneration and expenses of the examiner, and

(i) the award of costs by the examiner.

(3) The regulations may in particular impose duties on an examiner which are to be complied with by the examiner in considering the draft plan under paragraphs 10 and 11 and which require the examiner—

(a) to provide prescribed information to each person within sub-paragraph (4);

(b) to publish a draft report containing the recommendations which the examiner is minded to make in the examiner's report under paragraph 13;

(c) to invite each person within sub-paragraph (4) or representatives of such a person to one or more meetings at a prescribed stage or prescribed stages of the examination process;

(d) to hold a meeting following the issuing of such invitations if such a person requests the examiner to do so.

(4) Those persons are—

(a) the qualifying body,

(b) the local planning authority, and

(5) Where the regulations make provision by virtue of sub-paragraph (3)(c) or (d), they may make further provision about—

(a) the procedure for a meeting;

(b) the matters to be discussed at a meeting.

Interpretation

16

In this Schedule—

“the Convention rights” has the same meaning as in the Human Rights Act 1998;

“the development plan”—includes a development plan for the purposes of paragraph 1 of Schedule 8 (transitional provisions);does not include so much of a development plan as consists of a neighbourhood development plan under section 38A;

“draft plan” has the meaning given by paragraph 1(3);

“prescribed” means prescribed by regulations made by the Secretary of State.

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

Development plan

Meaning of “neighbourhood development plan”

Default powers exercisable by county council

7A

In this Schedule—

“upper-tier county council” means a county council for an area for which there is also a district council;

“lower-tier planning authority”, in relation to an upper-tier county council, means a district council which is the local planning authority for an area within the area of the upper-tier county council.

7B

(1) This paragraph applies if the Secretary of State thinks that a lower tier planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan.

(2) If the local plan has not come into effect, the Secretary of State may invite the upper-tier county council to take over preparation of the local plan from the lower-tier planning authority, in which case the upper-tier county council may do so.

(3) If the local plan has come into effect, the Secretary of State may invite the upper-tier county council to revise the local plan, in which case the upper-tier county council may do so.

7C

(1) This paragraph applies where a local plan is prepared or revised by an upper-tier county council under paragraph 7B.

(1A) If the upper-tier county council are to prepare the local plan, the upper-tier county council must publish a document setting out—

(a) their timetable for preparing the plan, and

(b) if they intend to depart from anything specified in a local plan timetable in relation to the plan, details of how they intend to depart from it.

(2) The upper-tier county council must hold an independent examination.

(3) The upper-tier county council—

(a) must publish the recommendations and reasons of the person appointed to hold the examination, and

(b) may also give directions to the lower-tier planning authority in relation to publication of those recommendations and reasons.

(4) The upper-tier county council may then—

(a) where the upper-tier county council have prepared a local plan, approve the local plan, approve the local plan subject to specified modifications or direct the lower-tier planning authority to consider adopting the local plan by resolution of the authority, or

(b) where the upper-tier county council are to revise a local plan, make the revision or make the revision subject to specified modifications.

7D

(1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 7C(2)—

(a) reading references to the local planning authority as references to the upper-tier county council, and

(b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision.

(2) The upper-tier county council must give reasons for anything they do in pursuance of paragraph 7B or 7C(4).

(3) The lower-tier planning authority must reimburse the upper-tier county council—

(a) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7B and which the lower-tier planning authority failed ... to do as mentioned in that paragraph;

(b) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7C(2).

(4) In the case of a joint local plan, the upper-tier council may apportion liability for the expenditure on such basis as the council considers just between the authorities for whom the plan has been prepared.

Strategic planning by corporate joint committees

60K

In this Part, references to a corporate joint committee are to a corporate joint committee to which this Part applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

60L

(1) A corporate joint committee must keep under review the matters which may be expected to affect the development, or the planning of the development, of its area.

(2) Subsections (2) to (5) of section 61 apply in relation to a corporate joint committee as they apply in relation to a local planning authority.

(3) In subsections (2) to (5) of section 61 as they apply by virtue of subsection (2)—

(a) references to a local planning authority are to be construed as references to a corporate joint committee;

(b) references to a neighbouring area are to be construed as references to a neighbouring area which is the area of another corporate joint committee.

60M

(1) A corporate joint committee must prepare a plan for its area to be known as a strategic development plan.

(2) The plan must set out—

(a) the committee's objectives in relation to the development and use of land in its area;

(b) the committee's policies for the implementation of those objectives.

(3) The plan must be in general conformity with the National Development Framework for Wales.

(4) The plan must specify the period for which it is to have effect.

(5) The Welsh Ministers may by regulations make provision about—

(a) the period that may be specified under subsection (4);

(b) the form and content of the plan.

(6) In preparing its plan the committee must have regard to—

(a) current national policies;

(b) the National Development Framework for Wales;

(d) the local development plan for each area all or part of which is included in the committee's area;

(e) the resources likely to be available for implementing the plan;

(f) any other matters prescribed by the Welsh Ministers in regulations.

(7) The committee must also—

(a) carry out an appraisal of the sustainability of the plan;

(b) prepare a report of the findings of the appraisal.

(8) The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area.

(9) A plan is a strategic development plan only in so far as it is—

(a) adopted by resolution of the corporate joint committee as its strategic development plan, or

(b) approved by the Welsh Ministers under section 65 or 71 (as they apply by virtue of section 60N).

(10) The plan ceases to be a strategic development plan on the expiry of the period specified under subsection (4).

60N

(1) The provisions specified in subsection (3) apply in relation to a strategic development plan as they apply in relation to a local development plan.

(2) Accordingly, where a provision specified in subsection (3) confers power for the Welsh Ministers to make provision by regulations in respect of a local development plan, that power is also exercisable so as to make provision in respect of a strategic development plan prepared by a corporate joint committee.

(3) The provisions are sections 63 to 68, 68A(1), 69 to 71, 73 and 75 to 77.

(4) In those provisions as they apply by virtue of subsection (1)—

(a) references to a local planning authority are to be construed as references to a corporate joint committee;

(b) references to a local development plan are to be construed as references to a strategic development plan.

(5) In section 64(5)(a) as it applies by virtue of this section, the reference to section 62 is to be construed as a reference to section 60M.

(6) In section 77(2)(a) as it applies by virtue of this section, the reference to section 62(6) is to be construed as a reference to section 60M(7).

Default powers exercisable by combined county authority

7ZA

In this Schedule—

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“constituent planning authority” in relation to a combined county authority, means—a county council, metropolitan district council or non-metropolitan district council which is the local planning authority for an area within the area of the combined county authority, ora joint committee established under section 15J whose area is within, or the same as, the area of the combined county authority.

7ZB

(1) This paragraph applies if the Secretary of State thinks that a constituent planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan.

(2) If the local plan has not come into effect, the Secretary of State may invite the combined county authority to take over preparation of the local plan from the constituent planning authority, in which case the combined county authority may do so.

(3) If the local plan has come into effect, the Secretary of State may invite the combined county authority to revise the local plan, in which case the combined county authority may do so.

7ZC

(1) This paragraph applies where a local plan is prepared or revised by a combined county authority under paragraph 7ZB.

(1A) If the combined county authority are to prepare the local plan, the combined county authority must publish a document setting out—

(a) their timetable for preparing the plan, and

(b) if they intend to depart from anything specified in a local plan timetable in relation to the plan, details of how they intend to depart from it.

(2) The combined county authority must hold an independent examination.

(3) The combined county authority—

(a) must publish the recommendations and reasons of the person appointed to hold the examination, and

(b) may also give directions to the constituent planning authority in relation to publication of those recommendations and reasons.

(4) The combined county authority may then—

(a) where the combined county authority have prepared a local plan, approve the local plan subject to specified modifications or direct the constituent planning authority to consider adopting the local plan by resolution of the authority, or

(b) where the combined county authority are to revise a local plan, make the revision or make the revision subject to specified modifications.

7ZD

(1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 7ZC(2)—

(a) reading references to the local planning authority as references to the combined county authority, and

(b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision.

(2) The combined county authority must give reasons for anything they do in pursuance of paragraph 7ZB or 7ZC(4).

(3) The constituent planning authority must reimburse the combined county authority—

(a) for any expenditure that the combined county authority incur in connection with anything which is done by them under paragraph 7ZB and which the constituent planning authority failed ... to do as mentioned in that paragraph;

(b) for any expenditure that the combined county authority incur in connection with anything which is done by them under paragraph 7ZC(2).

(4) In the case of a joint local plan, the combined county authority may apportion liability for the expenditure on such basis as the authority considers just between the authorities for whom the plan has been prepared.

38ZA

(1) A “national development management policy” is a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy.

(2) The Secretary of State may—

(a) revoke a direction under subsection (1);

(b) modify a national development management policy.

(3) The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—

(a) in preparing a policy which is to be designated as a national development management policy, or

(b) in modifying a national development management policy.

(4) Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons as the Secretary of State thinks appropriate takes place.

(5) The only cases in which no consultation or participation need take place under subsection (4) are those where the Secretary of State thinks that none is appropriate because—

(a) a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or

(b) it is necessary, or expedient, for the Secretary of State to act urgently.

Part 1A — Strategic plan-making

Strategic planning authorities and strategic planning boards

12A

(1) This Part requires strategic planning authorities to prepare a document, conforming to section 12D, known as a “spatial development strategy”.

(2) In this Part “strategic planning authority” means—

(a) a strategic planning board (see section 12B);

(b) a combined authority;

(d) an upper-tier county council for an area no part of which forms part of the area of a combined authority or a combined county authority;

(e) a unitary authority for an area—

(i) that is in England, and

(ii) no part of which forms part of the area of a combined authority or a combined county authority.

(3) But a principal authority that is a constituent authority of a strategic planning board is not a strategic planning authority for the purposes of this Part.

(4) In this Part “strategy area”, in relation to a spatial development strategy, means—

(a) in the case of a strategic planning board, the area consisting of the areas of the constituent authorities of the board;

(b) in the case of a combined authority, the area of the combined authority;

(d) in the case of an upper-tier county council, the area of the upper-tier county council;

(e) in the case of a unitary authority, the area of the unitary authority.

(5) Any function of a strategic planning authority exercisable by or under this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies—

(a) section 101(1)(b);

(b) section 101(5).

(6) For provision about the spatial development strategy for London, see (in particular) sections 334 to 343 of the Greater London Authority Act 1999.

(7) In this Part “principal authority” means a body specified in any of paragraphs (b) to (e) of subsection (2).

12B

(1) This section applies where the Secretary of State considers that it is desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities.

(2) Subject to subsection (4), the Secretary of State may by regulations establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”).

(3) Such a committee is to be known as a “strategic planning board”.

(4) The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations—

(a) the principal authorities that are to be the constituent authorities of the board,

(b) any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and

(c) the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.

(5) Where the Secretary of State is considering whether to, or has decided to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies.

12C

(1) Strategic planning board regulations that establish a strategic planning board must specify—

(a) the constituent authorities of the board, and

(b) the area in relation to which the board exercises functions under this Part.

(2) Strategic planning board regulations may make provision about—

(a) the composition of a strategic planning board (including about the appointment of members to the board or any sub-committee of the board);

(b) the proceedings of a strategic planning board and of any sub-committee of the board (including provision about voting rights);

(c) such other matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions under this Part.

(3) Provision of the kind mentioned in subsection (2)(c) may include provision—

(a) corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972;

(b) applying (with or without modifications) such enactments relating to local authorities as the Secretary of State considers appropriate;

(d) modifying the application of this Part in relation to a strategic planning board.

(4) For the purposes of subsection (3)(b) a local authority is any of the following—

(a) a county council;

(b) a district council;

(5) If strategic planning board regulations establishing a strategic planning board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution.

(6) The Secretary of State’s power to make strategic planning board regulations that amend or revoke other strategic planning board regulations—

(a) is exercisable whether or not the constituent authorities of the strategic planning board in question request an amendment or revocation;

(b) is exercisable only after the Secretary of State has consulted the following on a draft of the proposed regulations—

(i) the strategic planning board in question,

(ii) the constituent authorities of that board,

(iii) any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and

(iv) the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.

(7) The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations.

(8) In this section “strategic planning board regulations” means regulations under section 12B(2).

Contents of spatial development strategy

12D

(1) A spatial development strategy must include a statement of the strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area.

(2) A spatial development strategy must include a reasoned justification for the policies referred to in subsection (1).

(3) A spatial development strategy must specify the period for which it is to have effect.

(4) A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of—

(a) supporting or facilitating development in that area,

(b) mitigating, or adapting to, climate change, or

(5) A spatial development strategy may specify or describe—

(a) an amount or distribution of housing (of any kind), the provision of which the strategic planning authority considers to be of strategic importance to the strategy area;

(b) an amount or distribution of affordable housing or any other kind of housing, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area.

(6) For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area.

(7) The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with.

(8) A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed.

(9) A spatial development strategy may make different provision for different cases or for different parts of the strategy area.

(10) A spatial development strategy must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change.

(11) A spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular—

(a) the areas identified in the strategy as areas which—

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

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

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

(12) A spatial development strategy must not—

(a) include anything that is not permitted or required by or under the preceding provisions of this section,

(b) specify particular sites where development should take place, or

(13) The Secretary of State may prescribe—

(a) the form of a spatial development strategy;

(b) documents that must accompany a spatial development strategy.

(14) In subsection (5) “affordable housing” means—

(a) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and

(b) any other description of housing that may be prescribed.

Spatial development strategy timetable

12E

(1) A strategic planning authority must prepare and maintain a document relating to its spatial development strategy, known as a “spatial development strategy timetable”.

(2) A spatial development strategy timetable must specify—

(a) the strategy area, and

(b) a timetable for the preparation of the strategy that is consistent with this Part and any regulations made under it.

(3) The Secretary of State may prescribe—

(a) the form and content of a spatial development strategy timetable;

(b) further matters the timetable must deal with.

12F

(1) A strategic planning authority must submit its draft spatial development strategy timetable to the Secretary of State within such period as may be prescribed.

(2) The Secretary of State may direct the strategic planning authority to make specified amendments to the draft timetable.

(3) If the Secretary of State has not given such a direction to the strategic planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect.

(4) A strategic planning authority to which a direction under subsection (2) is given—

(a) must submit a revised draft spatial development strategy timetable to the Secretary of State within the period specified in the direction, and

(b) may bring the timetable into effect only when the Secretary of State approves the timetable as revised in accordance with that direction or any further direction under subsection (2).

(5) If a strategic planning authority—

(a) does not comply with subsection (1), or

(b) does not comply with subsection (4)(a),

the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect.

(6) A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it.

(7) To bring a spatial development strategy timetable into effect, a strategic planning authority must publish it, together with a statement that the timetable has effect.

(8) A strategic planning authority must comply with a spatial development strategy timetable that has effect.

(9) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect.

(10) Regulations under subsection (9)—

(a) may provide that revisions of a spatial development strategy timetable must be approved by the Secretary of State;

(b) may confer a power to direct that a timetable is to be revised or that revisions require the approval of the Secretary of State.

Preparation and adoption of spatial development strategy

12G

(1) A strategic planning authority must prepare a draft of its spatial development strategy.

(2) In doing so, a strategic planning authority must have regard to—

(a) any strategy, plan or policy published by the strategic planning authority that the strategic planning authority considers to be relevant,

(b) the effect which the proposed spatial development strategy would have on each of the following—

(i) the health of persons in the strategy area;

(ii) health inequalities between persons living in the strategy area;

(iii) the achievement of sustainable development;

(d) any other prescribed matters.

(3) In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board.

12H

(1) A strategic planning authority that has prepared a draft spatial development strategy must—

(a) publish the draft strategy on the authority’s website,

(b) notify the persons specified in subsection (2) that the draft strategy has been published on the authority’s website, and

(c) make copies of the draft strategy available for inspection at the authority’s principal office and at any other place that the authority considers appropriate.

(2) The persons referred to in subsection (1)(b) are—

(a) the Secretary of State,

(b) any county council for an area that is within, or any part of which is within, the strategy area,

(d) any county council or district council for an area that adjoins the strategy area and is affected by the strategy,

(e) any local planning authority for an area that is wholly or partly within, or adjoins, the strategy area and is affected by the strategy,

(f) the person responsible for preparing a spatial development strategy for an area that adjoins the strategy area and is affected by the strategy,

(g) such other persons as may be prescribed, and

(h) such other persons as the strategic planning authority considers appropriate.

(3) In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—

(a) voluntary bodies some or all of whose activities benefit the whole or part of the strategy area,

(b) bodies which represent the interests of different racial, ethnic or national groups in the strategy area,

(d) bodies which represent the interests of different persons carrying on business in the strategy area.

(4) Where a strategic planning authority—

(a) publishes a draft spatial development strategy as required by subsection (1)(a), or

(b) makes such a strategy available for inspection as required by subsection (1)(c),

the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.

(5) A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy.

(6) An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7).

(7) Representations must be made—

(a) in the prescribed form and manner;

(b) within the prescribed period.

(8) In subsection (1)—

(a) references to a strategic planning authority’s website include references to the website of a constituent authority of a strategic planning board;

(b) the reference to a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board.

12I

(1) A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public.

(2) Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”).

(3) The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate.

(4) The following may take part in an examination—

(a) the strategic planning authority that prepared the strategy, and

(b) any person invited to do so by the examiner.

(5) No person is to have a right to be heard at an examination.

(6) On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy.

(7) The report may recommend that specified modifications are made to the draft strategy before it is adopted.

(8) The report may recommend that the draft strategy is withdrawn.

(9) The strategic planning authority must publish the report.

12J

(1) A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination.

(2) Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted).

(3) The strategic planning authority that prepared the draft strategy may withdraw it only if—

(a) the Secretary of State so directs, or

(b) the examiner recommends that it is withdrawn, and the Secretary of State has not directed that it is not to be withdrawn.

(4) The steps taken by a strategic planning authority to withdraw a draft strategy must include—

(a) deleting the strategy from the website on which it was published;

(b) removing copies of the strategy that were made available for inspection;

(i) each person to whom a notification under section 12H(1)(b) was required to be given;

(ii) any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7).

12K

(1) This section applies where—

(a) a draft spatial development strategy has been published under section 12H,

(b) the prescribed period for the making of representations (see section 12H(7)) has elapsed,

(i) the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or

(ii) no examination of the draft strategy is needed because of a direction under section 12I(1), and

(d) the draft strategy has not been withdrawn (see section 12J).

(2) The strategic planning authority must—

(a) consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result,

(b) if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and

(i) any national development management policies so far as material, or

(ii) any other material considerations.

(3) After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.

(4) The strategic planning authority must inform the Secretary of State of—

(a) any modifications made to the published draft strategy, and the reasons for making them;

(b) any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them.

(5) If the Secretary of State considers that a submitted spatial development strategy is—

(a) inconsistent with current national policies, or

(b) detrimental to the interests of an area outside the strategy area,

the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.

(6) In this section “the relevant period”, in relation to a spatial development strategy, means—

(a) the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or

(b) such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy.

12L

(1) A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section.

(2) A spatial development strategy must not be adopted by a strategic planning authority unless—

(a) the relevant period (as defined in section 12K(6)) has elapsed,

(b) the authority has complied with any requirement of regulations under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and

(c) if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy.

(3) A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied.

(4) Subsection (5) applies in relation to the adoption of a spatial development strategy by—

(a) a mayoral combined authority, or

(b) a mayoral combined county authority.

(5) In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have).

(6) A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted.

(7) A spatial development strategy becomes operative when it is published.

Review, alteration and replacement of spatial development strategy

12M

(1) This section applies in relation to an operative spatial development strategy.

(2) A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy.

(3) In exercising functions under subsection (2), a strategic planning authority must—

(a) if the authority identifies matters to be kept under review that relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters;

(b) if the authority identifies matters to be kept under review that relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters.

(4) A strategic planning authority must carry out a review of its spatial development strategy from time to time.

(5) The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy.

(6) A strategic planning authority must—

(a) monitor the implementation of its spatial development strategy, and

(b) monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the strategy.

(7) The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy—

(a) a duty to make prescribed information relating to the implementation of the authority’s strategy available to the public in such form and manner as may be prescribed;

(b) a duty to provide prescribed information relating to the implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed.

12N

(1) This section applies in relation to an operative spatial development strategy.

(2) A strategic planning authority may at any time prepare alterations of its strategy.

(3) The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction.

(4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy.

(5) A spatial development strategy as altered must still conform to section 12D.

(6) Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy.

12O

(1) This section applies in relation to an operative spatial development strategy.

(2) A strategic planning authority may at any time prepare a new spatial development strategy as a replacement.

(3) The Secretary of State may direct a strategic planning authority to replace its spatial development strategy.

(4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy.

(5) A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part.

Secretary of State’s intervention powers in relation to spatial development strategy

12P

(1) This section applies if the Secretary of State considers that—

(a) a strategic planning authority is failing to do anything it is necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy,

(b) a spatial development strategy is, is going to be or may be—

(i) inconsistent with current national policies, or

(ii) detrimental to the interests of an area outside the strategy area, or

(i) inconsistent with current national policies, or

(ii) detrimental to the interests of an area outside the strategy area.

(2) The Secretary of State may—

(a) if the strategy is not operative, take over preparation of the strategy from the strategic planning authority;

(b) if the strategy is operative, alter the strategy;

(c) give a direction to the strategic planning authority in relation to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy.

(3) The power of direction under subsection (2)(c) includes power to direct a strategic planning authority—

(a) to modify or withdraw its draft spatial development strategy;

(b) to alter or revoke its (operative) spatial development strategy.

(4) Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a).

(5) The Secretary of State must publish a document setting out—

(a) the timetable for preparing the strategy, and

(b) details of any departures from any existing spatial development strategy timetable.

(6) The Secretary of State must (or, if an examination of the draft strategy has already been held, may)—

(a) make arrangements for an examination of the draft strategy to be held in public, or

(b) direct the strategic planning authority to make arrangements for an examination of the draft strategy under section 12I.

(7) Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State.

(8) The Secretary of State must either—

(a) publish the examiner’s report, or

(b) direct the strategic planning authority to publish it.

(9) The Secretary of State may then—

(a) approve the strategy,

(b) modify the strategy and approve it with the modifications,

(i) the strategy, or

(ii) the strategy as modified by the Secretary of State, or

(d) reject the strategy.

(10) If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received).

(11) If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either—

(a) publish the strategy, or

(b) direct the strategic planning authority to publish it.

(12) The spatial development strategy becomes operative when it is published.

(13) Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a).

(14) The Secretary of State must give reasons for—

(a) whatever the Secretary of State does under subsection (2);

(b) the decision made under subsection (9).

(15) In the exercise of any function under this section the Secretary of State—

(a) may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and

(b) must have regard to—

(i) the spatial development strategy timetable, and

(ii) the local plan timetable prepared by a local planning authority for an area that is wholly or partly within the strategy area.

(16) In subsection (15)(b)(ii) “local plan timetable” is to be construed in accordance with section 15B.

12Q

(1) This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy.

(2) The Secretary of State may, if the Secretary of State considers it appropriate—

(a) approve the strategy, or

(b) modify the strategy and approve it with the modifications.

(3) The powers in subsection (2) are exercisable—

(a) on the Secretary of State’s own initiative, or

(b) in the case of a strategy prepared by a mayoral combined authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers.

(4) The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023).

(5) The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority—

(a) for anything the Secretary of State does under subsection (2), or

(b) if the Secretary of State declines to approve the strategy, for that decision.

(6) If the Secretary of State approves a spatial development strategy under subsection (2) the Secretary of State must either—

(a) publish the strategy, or

(b) direct the strategic planning authority to publish it.

(7) The spatial development strategy becomes operative when it is published.

(8) In making a decision under this section the Secretary of State may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority).

12R

(1) The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy.

(2) Where the strategic planning authority is a strategic planning board, subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable.

12S

(1) If the Secretary of State is considering whether to take action under section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy—

(a) until a time or event (if any) specified in the direction, or

(b) until the direction is revoked.

(2) A spatial development strategy to which such a direction relates is not operative while the direction is in force.

(3) A direction given under this section in relation to a strategy ceases to have effect if the Secretary of State—

(a) gives a direction under section 12P(2)(c) or (9)(c) in relation to the strategy, or

(b) approves the strategy under section 12P(9)(a) or (b).

Supplementary

12T

(1) The Secretary of State may by regulations make supplementary, incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations.

(2) Where, immediately before strategic planning board regulations establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board.

(3) Where a strategic planning board has an operative spatial development strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities.

(4) In this section “strategic planning board regulations” means regulations under section 12B(2).

12U

(1) The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part.

(2) The regulations may (among other things) make provision as to—

(a) the procedure to be followed in connection with the preparation, adoption, publication, review, withdrawal, alteration or replacement of a spatial development strategy or in connection with a review under section 12M(2);

(b) the remuneration and allowances payable to a person appointed to conduct a public examination (under section 12I or as mentioned in section 12P(6)(a));

(c) the supply of information or documents to the Secretary of State by a strategic planning authority for the purposes of any decision that the Secretary of State may make under this Part;

(d) the determination of the time by or at which anything must be done for the purposes of this Part;

(e) the manner of publication of any document required to be published under this Part;

(f) the making of reasonable charges for the provision of copies of documents required by or under this Part.

(3) Regulations under this Part may make different provision for different areas.

12V

(1) A direction given to a strategic planning authority under this Part may—

(a) require the authority to do specified things by specified dates;

(b) require the authority to keep the Secretary of State informed at specified intervals of the progress being made towards doing what the authority is directed to do.

(2) A direction under this Part must be given in writing.

(3) A direction under this Part may be varied or revoked by notice in writing to the strategic planning authority to which it was given.

(4) A direction under this Part must be published.

12W

(1) In this Part “spatial development strategy” means, as the context requires—

(a) a strategy adopted by a strategic planning authority under section 12L,

(b) a strategy approved by the Secretary of State under section 12P(9)(a) or (b) or 12Q(2)(a) or (b), or

(2) In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)—

(a) “spatial development strategy” includes—

(i) the spatial development strategy for London,

(ii) a spatial development strategy adopted by a combined authority in accordance with regulations under section 105A of the Local Democracy, Economic Development and Construction Act 2009, and

(iii) a spatial development strategy adopted by a combined county authority in accordance with regulations under section 19 of the Levelling-up and Regeneration Act 2023; and

(b) “person responsible for preparing a spatial development strategy” is to be read accordingly.

(3) For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised.

12X

(1) In this Part—

“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“constituent authority”, in relation to a strategic planning board, is to be construed in accordance with section 12B;

“examination” means an examination in public of a draft spatial development strategy as set out in section 12I, and “examiner” is to be construed accordingly;

“mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;

“mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;

“national development management policy” must be construed in accordance with section 38ZA;

“principal authority” has the meaning given by section 12A(7);

“spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;

“spatial development strategy timetable” has the meaning given by section 12E;

“strategic planning authority” has the meaning given by section 12A;

“strategic planning board” has the meaning given by section 12B;

“strategy area” has the meaning given by section 12A(4);

“unitary authority” means—a county council for an area that does not include the areas of district councils, ora district council for an area that does not form part of the area of a county council;

“upper-tier county council” means a county council for an area that includes the areas of district councils.

(2) In this Part—

(a) “local planning authority” has the same meaning as in Part 2 (see section 15LF);

(b) references to a local planning authority’s area are to the area for which they are the local planning authority in accordance with that Part.

Plan timetables

15B

(1) Each local planning authority must prepare and maintain a document to be known as their “local plan timetable”.

(2) The local plan timetable must specify—

(a) the matters which the authority’s local plan for their area is to deal with,

(b) the geographical area to which the authority’s local plan is to relate,

(d) the subject matter and geographical area, site or sites to which each of those supplementary plans is to relate,

(e) how the authority propose to comply with the requirement in section 15F(1) (requirement in relation to design code),

(f) whether the authority’s local plan for their area is to be a joint local plan and, if so, each other local planning authority for whose area the joint local plan is to be their local plan,

(g) whether the authority are to prepare a joint supplementary plan and, if so, each other local planning authority who are to prepare that joint supplementary plan with them,

(h) 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 15J, and

(i) a timetable for the preparation of the authority’s local plan for their area, and any supplementary plans the authority are to make, which is consistent with this Part and any regulations made under it.

(3) If the local planning authority’s local plan for their area is to be a joint local plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the local plan timetable in accordance with subsection (2)(i), must be consistent with the timetable for that plan in the local plan timetable prepared by each other local planning authority who are to prepare that plan.

(4) If the local planning authority are a minerals and waste planning authority, the local plan timetable may incorporate the authority’s minerals and waste plan timetable.

(5) The Secretary of State may prescribe—

(a) the form and content of the local plan timetable;

(b) further matters which the local plan timetable must deal with.

(6) If a local planning authority have not prepared a local plan timetable, the Secretary of State or the Mayor of London may—

(a) prepare a local plan timetable for the authority, and

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

(7) The Secretary of State or the Mayor of London may direct the local planning authority to make such amendments to the local plan timetable as the Secretary of State or (as the case may be) Mayor 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 for that area.

(8) To bring the local plan timetable into effect, the local planning authority must publish it, together with a statement that the timetable is to have effect.

(9) Once the local plan timetable has effect, the local planning authority must comply with it.

(10) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a local planning authority must revise their local plan timetable (and that provision may confer a power to direct that a local plan timetable is to be revised).

(11) Subsections (1) to (9) and section 15BA apply to the revision of a local plan timetable as they apply to the preparation of a local plan timetable.

(12) For further provision about directions under subsection (6) or (7), see section 15BA.

15BA

(1) The Mayor of London—

(a) may give a direction under section 15B(6) or (7) only if the local planning authority are a London borough council, 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.

(2) A direction under section 15B(6) or (7) must contain the Secretary of State’s, or (as the case may be) the Mayor of London’s, reasons for giving it.

(3) If at any time the Mayor of London gives a direction under section 15B(6) or (7)—

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

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

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

(a) to disregard a direction given under section 15B(6) or (7) 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.

(5) Such a direction must contain the Secretary of State’s reasons for giving it.

(6) If at any time the Secretary of State gives a direction under subsection (4), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(7) 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 section 15B(6) or (7) of giving a direction.

15BB

(1) Each minerals and waste planning authority must prepare and maintain a document to be known as their “minerals and waste plan timetable”.

(2) The minerals and waste plan timetable must specify—

(a) the matters which will be dealt with by the minerals and waste plan for the relevant area,

(b) the geographical area to which the authority’s minerals and waste plan is to relate,

(d) the subject matter and geographical area, site or sites to which each supplementary plan is to relate,

(e) whether the minerals and waste plan for the authority’s area is to be a joint minerals and waste plan and, if so, each other minerals and waste planning authority for whose relevant area the joint minerals and waste plan is to be the minerals and waste plan,

(f) whether the authority are to prepare a joint supplementary plan and, if so, each other minerals and waste planning authority who are to prepare that joint supplementary plan with them, and

(g) a timetable for the preparation of the minerals and waste plan for the relevant area, and any supplementary plans the authority are to make, which is consistent with this Part and any regulations made under it.

(3) If the minerals and waste plan for the relevant area is to be a joint minerals and waste plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the minerals and waste plan timetable in accordance with subsection (2)(g), must be consistent with the timetable for that plan in the minerals and waste plan timetable prepared by each other minerals and waste planning authority who are to prepare that plan.

(4) Sections 15B(5) to (12), 15BA and 15LE apply in relation to a minerals and waste plan timetable as they apply in relation to a local plan timetable and for that purpose—

(a) references to a local plan timetable are to be read as references to a minerals and waste plan timetable,

(b) references to a local plan are to be read as references to a minerals and waste plan,

(c) references to a local planning authority are to be read as references to a minerals and waste planning authority, and

(d) references to a local planning authority’s area are to be read as references to a minerals and waste planning authority’s relevant area.

(5) In this section “joint minerals and waste plan” means a minerals and waste plan prepared jointly by two or more minerals and waste planning authorities for their combined relevant areas under sections 15I and 15IA (as applied by section 15CB(8)).

Local, minerals and waste and supplementary plans

15C

(1) Each local planning authority must prepare a document to be known as their “local plan”.

(2) Only one local plan may have effect in relation to a local planning authority’s area at any one time.

(3) The local plan must set out policies of the local planning authority (however expressed) in relation to the amount, type and location of, and timetable for, development in the local planning authority’s area.

(4) The local plan may include—

(a) other policies (however expressed) in relation to the use or development of land in the local planning authority’s area which are designed to achieve objectives that relate to the particular characteristics or circumstances of their area, any part of their area or one or more specific sites in their area;

(b) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under subsection (3) or paragraph (a) of this subsection, would give rise;

(c) requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, in any part of their area or at one or more specific sites in their area, which the local planning authority consider should be met for planning permission for the development to be granted.

(5) The Secretary of State may prescribe further matters which the local plan may, or must, deal with.

(6) The local plan must be designed to secure that the use and development of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change.

(7) The local plan must take account of any local nature recovery strategy that relates to all or part of the local planning authority’s area, including in particular—

(a) the areas identified in the strategy as areas which—

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

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

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

(8) The local plan must take account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed.

(9) The local plan must not—

(a) include anything that is not permitted or required by or under subsections (3) to (5) or (10) or regulations under section 15CA(8)(a), or

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

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