Legalize / United Kingdom / Public General Act

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

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Terms and notice of appointments

6

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Members' allowances

7

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Termination of membership

8

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Termination of membership: further provision about local planning authority members

9

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Chair and deputy chair

10

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PART 2 — ADMINISTRATION

Staff

11

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Delegation

12

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Voting rights

13

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Procedure

14

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Access to meetings

15

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PART 3 — FINANCIAL ARRANGEMENTS

Qualifying expenditure

16

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Apportionment of qualifying expenditure

17

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Annual work programme and estimate of qualifying expenditure

18

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Payments by constituent local planning authorities

19

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Payments by Welsh Ministers

20

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Accounts and audit

21

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Annual report

22

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Financial year

23

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PART 4 — SUPPLEMENTARY

Guidance

24

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Default powers of Welsh Ministers

25

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Provision in connection with establishment etc of strategic planning panel

26

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Interpretation

27

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Power to amend provisions about strategic planning panels

28

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Interpretation

Crown

Examinations

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

Urban development corporations

Urgent works relating to Crown land

Procedure for authorisation by a Minister

Interpretation

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

Register

14A

(1) The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which—

(a) is of a prescribed description, or

(b) satisfies prescribed criteria.

(2) The regulations may require the register to be kept in two or more parts.

A reference to the register in the following subsections includes a reference to a prescribed part of the register.

(3) The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which—

(a) is of a prescribed description or satisfies prescribed criteria, and

(b) is not required by the regulations to be entered in the register.

(4) The regulations may—

(a) require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register;

(b) specify descriptions of land that are not to be entered in the register;

(c) confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it;

(d) require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so;

(e) specify information to be included in the register;

(f) make provision about revising the register.

(5) The regulations may specify a description of land by reference to a description in national policies and advice.

(6) The regulations may confer power on the Secretary of State to require a local planning authority—

(a) to prepare or publish the register, or to bring the register up to date, by a specified date;

(b) to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register.

In this subsection “specified” means specified by the Secretary of State.

(7) In exercising their functions under the regulations, a local planning authority must have regard to—

(a) the development plan;

(b) national policies and advice;

(8) In this section “national policies and advice” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).

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

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—

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—

21A

(1) If the Secretary of State is considering whether to give a direction to a local planning authority under section 21 in relation to a development plan document or other local development document, he may direct the authority not to take any step in connection with the adoption of the document—

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

(b) until the direction is withdrawn.

(2) A document to which a direction under this section relates has no effect while the direction is in force.

(3) A direction given under this section in relation to a document ceases to have effect if a direction is given under section 21 in relation to that document.

27A

Schedule A1 (default powers exercisable by Mayor of London, combined authority , combined county authority or county council) has effect.

Guidance

Regulations

Meaning of “neighbourhood development plan”

Sustainable development

SCHEDULE A1

Default powers exercisable by Mayor of London

1

(1) This paragraph applies if the Secretary of State thinks that a London borough council, in their capacity as a local 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 Mayor of London to take over preparation of the local plan from the London borough council, in which case the Mayor may do so.

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

2

(1) This paragraph applies where a local plan is prepared or revised by the Mayor of London under paragraph 1.

(1A) If the Mayor of London is to prepare the local plan, the Mayor must publish a document setting out—

(a) the Mayor’s timetable for preparing the plan, and

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

(2) The Mayor of London must hold an independent examination.

(3) The Mayor of London—

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

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

(4) The Mayor of London may then—

(a) where the Mayor has prepared a local plan, approve the local plan, approve the local plan subject to specified modifications or direct the council to consider adopting the local plan by resolution of the council, or

(b) where the Mayor is to revise a local plan, make the revision or make the revision subject to specified modifications.

3

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

(a) reading references to the local planning authority as references to the Mayor of London, 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 Mayor of London must give reasons for anything he does in pursuance of paragraph 1 or 2(4).

(3) The council must reimburse the Mayor of London—

(a) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 1 and which the council failed ... to do as mentioned in that paragraph;

(b) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 2(2).

(4) In the case of a joint local plan, the Mayor may apportion liability for the expenditure on such basis as the Mayor thinks just between the councils for whom the plan has been prepared.

Default powers exercisable by combined authority

4

In this Schedule—

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

“constituent planning authority”, in relation to a combined 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 authority, ora joint committee established under section 15J whose area is within, or the same as, the area of the combined authority.

5

(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 authority to take over preparation of the local plan from the constituent planning authority, in which case the combined authority may do so.

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

6

(1) This paragraph applies where a local plan is prepared or revised by a combined authority under paragraph 5.

(1A) If the combined authority are to prepare the local plan, the combined 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 authority must hold an independent examination.

(3) The combined 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 authority may then—

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

7

(1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 6(2)—

(a) reading references to the local planning authority as references to the combined 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 authority must give reasons for anything they do in pursuance of paragraph 5 or 6(4).

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

(a) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 5 and which the constituent planning authority failed ... to do as mentioned in that paragraph;

(b) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 6(2).

(4) In the case of a joint local plan, the combined 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.

Intervention by Secretary of State

8

(1) This paragraph applies to a local plan that has been prepared or a revision of a local plan—

(a) under paragraph 1 by the Mayor of London, ...

(b) under paragraph 5 by a combined authority ,

(ba) under paragraph 7ZB by a combined county authority, or

(2) If the Secretary of State thinks that a local plan to which this paragraph applies is unsatisfactory—

(a) he may at any time before the plan is adopted under section 15EA, or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a), direct the Mayor of London , the combined authority , the combined county authority or the upper-tier county council to modify the plan in accordance with the direction;

(b) if he gives such a direction he must state his reasons for doing so.

(3) Where a direction is given under sub-paragraph (2)—

(a) the Mayor of London , the combined authority , the combined county authority or the upper-tier county council must comply with the direction;

(b) the plan must not be adopted or approved unless the Secretary of State gives notice that the direction has been complied with.

(4) Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State.

(5) At any time before a local plan to which this paragraph applies is adopted under section 15EA, or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a), the Secretary of State may direct that the plan (or any part of it) is submitted to him for his approval.

(6) In relation to a plan or part of a plan submitted to him under sub-paragraph (5) the Secretary of State—

(a) may approve the plan or part;

(b) may approve it subject to specified modifications;

The Secretary of State must give reasons for his decision under this sub-paragraph.

(7) The Secretary of State may at any time—

(a) after a local plan to which this paragraph applies has been submitted for independent examination, but

(b) before it is adopted under section 15EA or approved under paragraph 2(4)(a) , 6(4)(a) , 7ZC(4)(a) or 7C(4)(a),

direct the Mayor of London , the combined authority , the combined county authority or the upper-tier county council to withdraw the plan.

(7A) Sub-paragraphs (2) to (7) and paragraph 9 apply in relation to a revision to a local plan to which this paragraph applies as they apply in relation to a local plan to which this paragraph applies—

(a) reading references to the plan being adopted or approved as references to the revision being made, and

(b) reading references to paragraph 2(4)(a), 6(4)(a), 7ZC(4)(a) or 7C(4)(a) as references to paragraph 2(4)(b), 6(4)(b), 7ZC(4)(b) or 7C(4)(b).

9

(1) This paragraph applies if the Secretary of State gives a direction under paragraph 8(5).

(2) No steps are to be taken in connection with the adoption or approval of the plan until the Secretary of State gives his decision, or withdraws the direction.

(3) If the direction is given, and not withdrawn, before the plan has been submitted for independent examination, the Secretary of State must hold an independent examination.

(4) If the direction—

(a) is given after the plan has been submitted for independent examination but before the person appointed to carry out the examination has made his recommendations, and

(b) is not withdrawn before those recommendations are made,

the person must make his recommendations to the Secretary of State.

(5) The plan has no effect unless the plan or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.

The “relevant part” is the part of the plan that—

(a) is covered by a direction under paragraph 8(5) which refers to only part of the plan, or

(b) continues to be covered by a direction under paragraph 8(5) following the partial withdrawal of the direction.

(6) The Secretary of State must publish the recommendations made to him by virtue of sub-paragraph (3) or (4) and the reasons of the person making the recommendations.

(7) In considering a plan or part of a plan submitted under paragraph 8(5) the Secretary of State may take account of any matter which he thinks is relevant.

(8) It is immaterial whether any such matter was taken account of by the Mayor of London , the combined authority , the combined county authority or the upper-tier county council.

10

Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under paragraph 9(3)—

(a) reading references to the local planning authority as references to Secretary of State, and

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

11

In the exercise of any function under paragraph 8 or 9 the Secretary of State must have regard to the local plan timetable.

12

The Mayor of London, the combined authority , the combined county authority or the upper-tier county council must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under paragraph 8 or 9 that is specified in a notice given by him to the Mayor, the authority or the council.

Temporary direction pending possible use of intervention powers

13

(1) If the Secretary of State is considering whether to give a direction to the Mayor of London , a combined authority , a combined county authority or an upper-tier county council under paragraph 8 in relation to a local plan, he may direct the Mayor , the authority or the council not to take any step , or not to take a step specified in the direction, in connection with the plan—

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

(b) until the direction is withdrawn.

(2) A plan to which a direction under this paragraph relates has no effect while the direction is in force.

(3) A direction given under this paragraph in relation to a plan ceases to have effect if a direction is given under paragraph 8 in relation to that plan.

28A

(1) The Secretary of State may direct two or more local planning authorities to prepare a joint development plan document.

(2) The Secretary of State may give a direction under this section in relation to a document whether or not it is specified in the local development schemes of the local planning authorities in question as a document which is to be prepared jointly with one or more other local planning authorities.

(3) The Secretary of State may give a direction under this section only if the Secretary of State considers that to do so will facilitate the more effective planning of the development and use of land in the area of one or more of the local planning authorities in question.

(4) A direction under this section may specify—

(a) the area to be covered by the joint development plan document to which the direction relates;

(b) the matters to be covered by that document;

(5) The Secretary of State must, when giving a direction under this section, notify the local planning authorities to which it applies of the reasons for giving it.

(6) If the Secretary of State gives a direction under this section, the Secretary of State may direct the local planning authorities to which it is given to amend their local development schemes so that they cover the joint development plan document to which it relates.

(7) A joint development plan document is a development plan document which is, or is required to be, prepared jointly by two or more local planning authorities pursuant to a direction under this section.

28B

(1) This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint development plan document as it applies for the purposes of any step which may be or is required to be taken in relation to a development plan document.

(2) For the purposes of subsection (1) anything which must be done by or in relation to a local planning authority in connection with a development plan document must be done by or in relation to each of the authorities mentioned in section 28A(1) in connection with a joint development plan document.

(3) If the authorities mentioned in section 28A(1) include a London borough council or a Mayoral development corporation, the requirements of this Part in relation to the spatial development strategy also apply.

(4) Those requirements also apply if—

(a) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the combined authority's area, and

(b) the authorities mentioned in section 28A(1) include a local planning authority whose area is within, or is the same as, the area of the combined authority.

28C

(1) The Secretary of State may modify or withdraw a direction under section 28A by notice in writing to the authorities to which it was given.

(2) The Secretary of State must, when modifying or withdrawing a direction under section 28A, notify the local planning authorities to which it was given of the reasons for the modification or withdrawal.

(3) The following provisions of this section apply if—

(a) the Secretary of State withdraws a direction under section 28A, or

(b) the Secretary of State modifies a direction under that section so that it ceases to apply to one or more of the local planning authorities to which it was given.

(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.

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