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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

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(12) In the exercise of any function under this section, the Secretary of State or local plan commissioner may take account of any matter which the Secretary of State or local plan commissioner thinks is relevant (regardless of whether the matter was taken account of by the relevant authority).

(13) The Secretary of State must give reasons for anything the Secretary of State does in pursuance of subsection (2) or (10).

(14) A local plan commissioner must give reasons for anything the commissioner does in pursuance of subsection (3)(b) or (10).

(15) In this section “relevant authority”—

(a) in relation to a local plan, means the local planning authority, or

(b) in relation to a supplementary plan, means the relevant plan-making authority.

15HB

(1) This section applies where the Secretary of State considers that a local planning authority are unlikely to comply, or have not complied, with the requirement in section 15F(1).

(2) The Secretary of State may give directions to the local planning authority as to the steps they must take to comply with that requirement, including directions as to the preparation, adoption or revision of their local plan or one or more supplementary plans.

(3) The Secretary of State must give reasons for any directions given under this section.

15HC

(1) The Secretary of State may require the relevant authority to—

(a) reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under any of sections 15H to 15HB, or

(b) pay any fees and expenses of a local plan commissioner appointed under section 15HA(3).

(2) Where a function under any of those sections is exercised in relation to a joint local plan or joint supplementary plan, the Secretary of State may apportion liability for such expenditure on such basis as the Secretary of State thinks just and reasonable between the authorities who are jointly preparing, or have jointly prepared, the plan.

(3) In subsection (1) “relevant authority” means—

(a) where the function is exercised, or the local plan commissioner is appointed, in relation a local plan, the local planning authority;

(b) where the function is exercised, or the local plan commissioner is appointed, in relation to a supplementary plan, the relevant plan-making authority.

15HD

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

15HE

(1) If the Secretary of State is considering whether to take action under section 15H, 15HA or 15HB or Schedule A1 in relation to a local plan or a supplementary plan, the Secretary of State may direct the local planning authority or (as the case may be) the relevant plan-making authority not to take any step, or not to take a step specified in the direction, in connection with the plan—

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

(b) until the direction is withdrawn.

(2) A plan 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 plan ceases to have effect if—

(a) the Secretary of State—

(i) gives a direction under section 15H, 15HA(2)(c) or (10)(b) or 15HB(2) or paragraph 8(5) of Schedule A1 in relation to the plan, or

(ii) approves the plan under section 15HA(10)(a),

(b) a local plan commissioner—

(i) gives a direction under section 15HA(3)(b), or

(ii) approves the plan under section 15HA(10)(a),

(d) a combined authority does anything under paragraph 6(4) of that Schedule, or

(e) a county council does anything under paragraph 7C(4) of that Schedule.

Joint plans

15I

(1) A joint local plan is a local plan prepared jointly by two or more local planning authorities for their combined areas.

(2) Two or more local planning authorities may agree to prepare a joint local plan (a “joint local plan agreement”).

(3) The Secretary of State may direct two or more local planning authorities to prepare a joint local plan (a “joint local plan direction”).

(4) The Secretary of State may give a joint local plan direction to a local planning authority whether or not the authority’s local plan timetable specifies that their local plan for their area is to be a joint local plan.

(5) The Secretary of State may give a joint local plan direction 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.

(6) A joint local plan direction may specify the timetable for preparation of the joint local plan.

(7) The Secretary of State must, when giving a joint local plan direction, notify the local planning authorities to which it applies of the reasons for giving it.

(8) If the Secretary of State gives a joint local plan direction, the Secretary of State may direct the local planning authorities to which it is given to amend their local plan timetables to take account of the direction.

(9) The Secretary of State may modify or withdraw a joint local plan direction by notice in writing to the authorities to which it was given.

(10) The Secretary of State must, when modifying or withdrawing a joint local plan direction, notify the local planning authorities to which it was given of the reasons for the modification or withdrawal.

15IA

(1) This section applies in a case where—

(a) a joint local plan agreement is made, or

(b) a joint local plan direction is given.

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

(3) For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local plan must be done by or in relation to each of the relevant authorities in connection with the joint local plan.

(4) Subsections (2) and (3) are subject to such modifications of this Part, as it applies to joint local plans, as may be prescribed.

(5) If the relevant authorities include one or more authorities in relation to whose area a spatial development strategy is operative, the requirements of this Part in relation to the spatial development strategy, which apply to or in respect of local plans, apply—

(a) to or in respect of the joint local plan, and

(b) in relation to such of the area to which the joint local plan relates as the spatial development strategy is operative in relation to.

(6) In this section “the relevant authorities” are the local planning authorities who are to prepare a joint local plan in accordance with the joint local plan agreement or joint local plan direction.

15IB

(1) This section applies if—

(a) a relevant authority withdraw from a joint local plan agreement,

(b) the Secretary of State withdraws a joint local plan direction, or

(c) the Secretary of State modifies a joint local plan direction so that it ceases to apply to one or more of the relevant authorities to which it was given.

(2) Any step taken in relation to the joint local plan must be treated as a step taken by—

(a) a relevant authority for the purposes of any corresponding local plan prepared by them;

(b) two or more other relevant authorities for the purposes of any corresponding joint local plan.

(3) Any independent examination of the joint local plan must be suspended.

(4) If, before the end of the period prescribed for the purposes of this subsection, a relevant authority 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 local plan prepared by a relevant authority, or

(ii) any corresponding joint local plan prepared by two or more of the relevant authorities;

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

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

(6) For the purposes of this section references to the joint local plan are to the joint local plan to which the joint local plan agreement or (as the case may be) joint local plan direction related.

(7) In this section “the relevant authorities” are the local planning authorities—

(a) who were party to the joint local plan agreement immediately before the authority mentioned in subsection (1)(a) withdrew from it, or

(b) to whom the joint local plan direction applied immediately before it was withdrawn or modified by the Secretary of State.

15IC

(1) Two or more local planning authorities may agree to prepare a joint supplementary plan under section 15CC, in which case in relation to that plan references in subsection (3) of that section to the area of the local planning authority are to be read as references to the combined areas of the relevant authorities.

(2) Two or more minerals and waste planning authorities may agree to prepare a joint supplementary plan under section 15CC, in which case in relation to that plan references in subsection (5) of that section to the relevant area are to be read as references to the combined relevant areas of the relevant authorities.

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

(4) For the purposes of subsection (3) anything which must be done by or in relation to a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan must be done by or in relation to each of the relevant authorities in connection with the joint supplementary plan.

(5) Subsections (3) and (4) are subject to such modifications of this Part, as it applies to joint supplementary plans, as may be prescribed.

(6) If the relevant authorities include one or more authorities in relation to whose area a spatial development strategy is operative, the requirements of this Part in relation to the spatial development strategy, which apply to or in respect of supplementary plans, apply—

(a) to or in respect of the joint supplementary plan, and

(b) in relation to such of the area to which the joint supplementary plan relates as the spatial development strategy is operative in relation to.

(7) Subsections (8) to (10) apply if a relevant authority withdraws from an agreement mentioned in subsection (1) or (2).

(8) Any step taken in relation to the joint supplementary plan must be treated as a step taken by—

(a) a relevant authority for the purposes of any corresponding supplementary plan prepared by them;

(b) two or more other relevant authorities for the purposes of any corresponding joint supplementary plan.

(9) Any independent examination of the joint supplementary plan must be suspended.

(10) If, before the end of the period prescribed for the purposes of this subsection, any of the relevant authorities 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 supplementary plan prepared by any of the relevant authorities, or

(ii) any corresponding joint supplementary plan prepared by two or more of the relevant authorities;

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

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

(12) A joint supplementary plan is a supplementary plan prepared jointly by two or more relevant authorities in accordance with this section.

(13) In this section “the relevant authorities” means the authorities who enter into the agreement mentioned in subsection (1) or (as the case may be) (2).

Joint committees

15J

(1) This section applies if one or more local planning authorities agree with one or more county councils in relation to any area of such a council for which there is also a district council to establish a joint committee to be, for the purposes of this Part, the local planning authority—

(a) for the area specified in the agreement;

(b) in respect of such purposes as are so specified.

(2) The Secretary of State may by regulations constitute a joint committee to be the local planning authority—

(a) for the area;

(b) in respect of those purposes.

(3) Such regulations—

(a) must specify the authority or authorities and county council or councils (the “constituent authorities”) which are to constitute the joint committee;

(b) may make provision as to such other matters as the Secretary of State thinks are necessary or expedient to facilitate the exercise by the joint committee of its functions.

(4) Regulations under subsection (3)(b) 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 thinks appropriate;

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

(a) a county council;

(b) a district council;

(6) If regulations under this section are annulled in pursuance of a resolution of either House of Parliament—

(a) with effect from the date of the resolution the joint committee ceases to be the local planning authority as mentioned in subsection (2);

(b) anything which the joint committee (as the local planning authority) was required to do for the purposes of this Part must be done for their area by each local planning authority which were a constituent authority of the joint committee;

(7) Nothing in this section or section 15JA confers on a local planning authority constituted by virtue of regulations under this section any function in relation to section 13 or 14 (survey of area).

(8) This section and section 15JA are subject to the requirement in section 15C(2) that only one local plan may have effect in relation to the area of a local planning authority (including one constituted by virtue of regulations under this section) at any one time.

(9) The policies contained in any local plan or supplementary plan adopted by the joint committee in the exercise of its functions under this Part must be taken for the purposes of the planning Acts to be the policies of each of the constituent authorities which are a local planning authority.

(10) Subsection (11) applies to any function—

(a) which is conferred on a local planning authority (within the meaning of the principal Act) under or by virtue of the planning Acts, and

(b) which relates to the authority’s local plan timetable, local plan or supplementary plan.

(11) If the authority is a constituent authority of a joint committee references to the authority’s local plan timetable, local plan or supplementary plan must be construed, in relation to that function, as including references to the timetable or plan of the joint committee.

15JA

(1) This section applies if the constituent authorities of a joint committee agree that the joint committee is to be, for the purposes of this Part, the local planning authority for any area or purpose which is not the subject of—

(a) regulations under section 15J, or

(b) an earlier agreement under this section.

(2) Each of the constituent authorities and the joint committee must revise their local plan timetable in accordance with the agreement.

(3) With effect from the date when the last such revision takes effect the joint committee is, for the purposes of this Part, the local planning authority for the area or purpose mentioned in subsection (1).

15JB

(1) This section applies if a constituent authority requests the Secretary of State to revoke regulations constituting a joint committee as the local planning authority for any area or in respect of any purpose.

(2) The Secretary of State may revoke the regulations.

(3) If the Secretary of State does so, any step taken by the joint committee in relation to a local plan timetable, local plan or supplementary plan must be treated for the purposes of any corresponding timetable or plan as a step taken by a successor authority.

(4) A successor authority is—

(a) a local planning authority which were a constituent authority of the joint committee;

(b) a joint committee constituted by regulations under section 15J for an area which does not include an area which was not part of the area of the joint committee mentioned in subsection (1).

(5) If the revocation takes effect at a time when an independent examination is being carried out in relation to a local plan or supplementary plan in relation to which the joint committee is the local planning authority the examination must be suspended.

(6) But if, before the end of the period prescribed for the purposes of this subsection, a successor authority falling within subsection (4)(a) requests the Secretary of State to do so, the Secretary of State may direct that—

(a) the examination is resumed in relation to the corresponding plan;

(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 timetable or plan.

General

15L

(1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980;

(b) an order under section 1 of the New Towns Act 1981.

(2) If the Secretary of State or a local planning authority thinks that a representation made in relation to a local plan or supplementary plan is in substance a representation or objection to which this section applies the Secretary of State or (as the case may be) the authority may disregard it.

15LA

The Secretary of State may direct that the provisions of—

(a) this Part, or

(b) any particular regulations made under section 14A,

do not apply to the area of an urban development corporation or a development corporation established under the New Towns Act 1981.

15LB

(1) In the exercise of any function conferred by or under this Part a relevant plan-making authority must have regard to any guidance issued by the Secretary of State.

(2) The Secretary of State must issue guidance for local planning authorities on how their local plan and any supplementary plans (taken as a whole) should address housing needs that result from old age or disability.

15LC

(1) The Secretary of State may prescribe information within subsection (3) which each local planning authority must make available to the public.

(2) The Secretary of State may prescribe information within subsection (3) which each local planning authority must provide to the Secretary of State.

(3) Information is within this subsection if it relates to—

(a) the implementation of the local planning authority’s local plan timetable;

(b) the implementation of policies in their local plan and any supplementary plans they have prepared;

(c) the implementation of any policies which relate to the authority’s area, in any spatial development strategy that is operative in relation to their area;

(d) the extent to which specified environmental outcomes (within the meaning of Part 6 of the Levelling-up and Regeneration Act 2023) are being delivered in relation to the authority’s area.

(4) The information must be in such form, and made available or provided in such manner, as may be prescribed.

15LD

(1) Each local planning authority must ensure that a map, to be known as a “policies map”, is prepared, and kept up to date, which illustrates the geographical application of the development plan for the authority’s area.

(2) The map prepared and kept up to date under subsection (1)—

(a) must be in such form, and have such content, as may be prescribed,

(b) must be revised at such times, or in such circumstances, as may be prescribed, and

15LE

(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, in particular, include provision as to—

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

(b) the documents (if any) which must accompany a joint spatial development strategy;

(c) the procedure to be followed in connection with the preparation, adoption, publication, review, alteration or withdrawal of a joint spatial development strategy or in connection with any review under section 15AE(2);

(d) the procedure to be followed in the preparation, adoption, review, revision or withdrawal of local plans or supplementary plans;

(e) requirements about the giving of notice and publicity;

(f) requirements about inspection by the public of a local plan, supplementary plan or any other document;

(g) consultation with, or participation by, the public or any prescribed body or other person in connection with anything done under this Part, including provision imposing requirements for consultation or participation or as to the nature and extent of the consultation or participation that may or must take place;

(h) the making of representations about any matter to be included in a local plan or supplementary plan;

(i) consideration of any such representations;

(j) the remuneration and allowances payable to a person appointed to provide observations or advice under section 15CA(3), carry out a public or independent examination under this Part or act as a local plan commissioner under section 15HA(3);

(k) the procedure to be followed in the preparation, making, modification, revocation, replacement or publication of a neighbourhood priorities statement;

(l) the form, and content, of a neighbourhood priorities statement;

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

(n) the manner of publication of any draft, report or other document published under this Part;

(o) monitoring the exercise by local planning authorities of their functions under this Part;

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

(3) Regulations under subsection (2)(l) may provide for the form or content of a neighbourhood priorities statement to be determined by the Secretary of State.

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

15LF

(1) This section applies for the purposes of this Part.

(2) Each of the following is a local planning authority for their area—

(a) a district council;

(b) a London borough council;

(d) a county council in relation to any area in England for which there is no district council.

(3) A National Park authority is the local planning authority for the whole of its area, in place of any authority who would otherwise be a local planning authority for any part of that area under subsection (2).

(4) The Broads Authority is the local planning authority for the Broads, in place of any authority who would otherwise be a local planning authority for any part of the Broads under subsection (2).

(5) Where a relevant order provides that a development corporation is to be the local planning authority for an area for some or all purposes of this Part, the development corporation is the local planning authority for that area and those purposes in place of any authority who would otherwise be the local planning authority for that area and those purposes.

(6) In subsection (5)—

“development corporation” means an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation;

“relevant order”—in relation to an urban development corporation, means an order under section 149(1A) of the Local Government, Planning and Land Act 1980;in relation to a development corporation established under the New Towns Act 1981, means an order under section 7A(2)(b) of that Act;in relation to a Mayoral development corporation, means an order under section 198(2) of the Localism Act 2011.

(7) Subsection (5) is subject to subsections (8) and (9).

(8) Subsection (9) applies where a designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) provides that the Homes and Communities Agency is to be the local planning authority—

(a) for an area specified in the order, and

(b) for all purposes of this Part or any such purposes so specified.

(9) The Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.

(10) See also section 15J under which joint committees can be constituted to be local planning authorities for the purposes of this Part.

(11) References (other than in this section) to a local planning authority’s area are to the area for which they are the local planning authority in accordance with this Part.

15LG

(1) This section has effect for the purposes of this Part.

(2) Subject to subsection (3)—

(a) a county council in England is the minerals and waste planning authority for their area,

(b) a London borough council is the minerals and waste planning authority for their area,

(d) a district council is the minerals and waste planning authority for any part of their area for which there is no county council.

(3) A National Park authority is the minerals and waste planning authority for the whole of its area, in place of any authority who would otherwise be a minerals and waste planning authority for any part of that area under subsection (2).

(4) Where a relevant order provides that a development corporation is to be the minerals and waste planning authority for an area for some or all purposes of this Part, the development corporation is the minerals and waste planning authority for that area and those purposes in place of any authority who would otherwise be the minerals and waste planning authority for that area and those purposes.

(5) In subsection (4)—

“development corporation” means an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation;

“relevant order”—in relation to an urban development corporation, means an order under section 149(2A) of the Local Government, Planning and Land Act 1980;in relation to a development corporation established under the New Towns Act 1981, means an order under section 7A(6) of that Act;in relation to a Mayoral development corporation, means an order under section 198(2) of the Localism Act 2011.

(6) “Relevant area”, in relation to a minerals and waste planning authority, means the area for which the authority are the minerals and waste planning authority in accordance with this section.

15LH

(1) This section has effect for the purposes of this Part.

(2) Each of the following is a relevant plan-making authority—

(a) the Mayor of London;

(b) a local planning authority;

(3) In this Part (unless a contrary intention appears)—

“affordable housing” means—social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, andany other description of housing that may be prescribed;

“constituent authority”, in relation to a joint committee, must be construed in accordance with section 15J(3);

“joint local plan” must be construed in accordance with section 15I(1);

“joint local plan agreement” must be construed in accordance with section 15I(2);

“joint local plan direction” must be construed in accordance with section 15I(3);

“joint spatial development strategy” means a strategy adopted by local planning authorities under section 15AD or, as the context requires, a strategy in preparation further to an agreement under section 15A(1);

“joint supplementary plan” must be construed in accordance with section 15IC;

“local nature recovery strategy” means a local nature recovery strategy under section 104 of the Environment Act 2021;

“local plan” must be construed in accordance with section 15C;

“local plan timetable” must be construed in accordance with section 15B;

“local planning authority” must be construed in accordance with section 15LF;

“minerals and waste development” means development which is a county matter within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i) of that paragraph);

“minerals and waste plan” must be construed in accordance with section 15CB;

“minerals and waste plan timetable” must be construed in accordance with section 15BB;

“minerals and waste planning authority” must be construed in accordance with section 15LG;

“neighbourhood priorities statement” must be construed in accordance with section 15K;

“relevant area” must be construed in accordance with section 15LG;

“relevant plan-making authority” must be construed in accordance with subsection (2);

“spatial development strategy” means (except in the context of more specific expressions)—the spatial development strategy for London,a spatial development strategy adopted by a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, ora joint spatial development strategy;

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

“supplementary plan” must be construed in accordance with section 15CC.

Assistance with certain parts of development plan etc

39A

(1) Subsection (2) applies if a plan-making authority notifies a prescribed public body in writing that the authority requires the body, under this section, to assist the authority in relation to the preparation or revision of a relevant plan by the authority.

(2) The prescribed public body must do everything that the plan-making authority reasonably requires of the body to assist the authority in relation to the preparation or revision of the relevant plan.

(3) The Secretary of State may by regulations make provision as to—

(a) what a plan-making authority must, may or may not require a prescribed public body to do under subsection (2);

(b) the procedure to be followed in doing anything under this section;

(d) the form and content of a notification under subsection (1) or of any other document or information provided under this section.

(4) A “plan-making authority” is a body which, or other person who, is to prepare or revise (whether acting alone or jointly) a relevant plan.

(5) Each of the following is a “relevant plan”—

(a) a local plan, a minerals and waste plan, a supplementary plan or policies map under Part 2;

(b) a spatial development strategy under Part 8 of the Greater London Authority Act 1999 or Part 2 of this Act;

(d) a marine plan under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions.

(6) A “prescribed public body” is a body which, or other person who, is prescribed or of a prescribed description and certain of whose functions are of a public nature.

(7) References in this section to the preparation or revision of a relevant plan include any activities that could reasonably be considered to prepare the way for the preparation or revision of the plan.

(8) In this section—

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

“revision”, in relation to a relevant plan, includes any alteration, amendment, replacement or other modification (and related expressions are to be read accordingly).

Meaning of “neighbourhood development plan”

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

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