The Town and Country Planning (Local Planning) (England) Regulations 2012

The Secretary of State, in exercise of the powers conferred by sections 17(7), 19(2)(j), 20(3), 28(9) and (11), 31(6) and (7), 33A(1)(c) and (9), 35(2) and 36 of the Planning and Compulsory Purchase Act 2004 , makes the following Regulations:

PART 1 — General

Citation, commencement and application

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• (1) These Regulations may be cited as the Town and Country Planning (Local Planning) (England) Regulations 2012 and come into force on 6th April 2012.

• (2) These Regulations apply in relation to England only.

Interpretation

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• (1) In these Regulations—

• “the Act” means the Planning and Compulsory Purchase Act 2004;

• “address” in relation to electronic communications means any number or address used for the purposes of such communications;

• “adopted policies map” means a document of the description referred to in regulation 9;

• “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;

• “electronic communications apparatus” has the same meaning as in paragraph 5 of the electronic communications code;

• “electronic communications code” has the same meaning as in section 106(1) of the Communications Act 2003 ;

• “general consultation bodies” means the following—voluntary bodies some or all of whose activities benefit any part of the local planning authority's area,bodies which represent the interests of different racial, ethnic or national groups in the local planning authority's area,bodies which represent the interests of different religious groups in the local planning authority's area,bodies which represent the interests of disabled persons in the local planning authority's area,bodies which represent the interests of persons carrying on business in the local planning authority's area;

• “inspection” means inspection by the public;

• “local plan” means any document of the description referred to in regulation 5(1)(a)(i), (ii) or (iv) or 5(2)(a) or (b), and for the purposes of section 17(7)(a) of the Act these documents are prescribed as development plan documents;

• “local policing body” means—a police and crime commissioner (in relation to a police area listed in Schedule 1 to the Police Act 1996 );the Mayor's Office for Policing and Crime (in relation to the metropolitan police district);the Common Council (in relation to the City of London police area);

• “neighbourhood forum” means an organisation or body designated as such under section 61F(3) of the Town and Country Planning Act 1990;

• “Ordnance Survey map” means an Ordnance Map or a map on a similar base at a registered scale;

• “relevant authority” means—a local planning authority ,a county council referred to in section 16(1) of the Act,a parish council,a local policing body;

• “site allocation policy” means a policy which allocates a site for a particular use or development;

• “specific consultation bodies” means the following—the Coal Authority ,the Environment Agency ,the Historic Buildings and Monuments Commission for England (known as English Heritage) ,the Marine Management Organisation ,Natural England ,Network Rail Infrastructure Limited (company number 2904587), a strategic highways company (for the time being appointed under Part 1 of the Infrastructure Act 2015) any part of whose area is in or adjoins the area of the local planning authority; where the Secretary of State is the highway authority for any highway in the area of the local planning authority, the Secretary of State for Transport;a relevant authority any part of whose area is in or adjoins the local planning authority's area, a relevant authority any part of whose area is in or adjoins the local planning authority's area, any person—to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003, andwho owns or controls electronic communications apparatus situated in any part of the local planning authority's area,if it exercises functions in any part of the local planning authority's area— an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006; NHS England;a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989 ;a person to whom a licence has been granted under section 7(2) of the Gas Act 1986 ;a sewerage undertaker; anda water undertaker;the Homes and Communities Agency ; andwhere the local planning authority are a London borough council, the Mayor of London;

• “submission policies map” means a map which accompanies a local plan submitted to the Secretary of State under section 20(1) of the Act and which shows how the adopted policies map would be amended by the accompanying local plan, if it were adopted;

• “supplementary planning document” means any document of a description referred to in regulation 5 (except an adopted policies map or a statement of community involvement) which is not a local plan; ...

• “sustainability appraisal report” means the report prepared pursuant to section 19(5)(b) of the Act; and

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

• (2) These Regulations have effect in relation to the revision of a local plan or a supplementary planning document as they apply to the preparation of a local plan or a supplementary planning document.

• (3) These Regulations have effect in relation to a minerals and waste development scheme as they have effect in relation to a local development scheme and for that purpose—

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

• (b) references to a local planning authority include references to a county council within the meaning of section 16(1) of the Act.

Electronic communications

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• (1) Where within these Regulations—

• (a) a person is required to—

• (i) send a document, a copy of a document or any notice to another person,

• (ii) notify another person of any matter; and

• (b) that other person has an address for the purposes of electronic communications;

the document, copy, notice or notification may be sent or made by way of electronic communications.

• (2) Where within these Regulations a person may make representations on any matter or document, those representations may be made—

• (a) in writing, or

• (b) by way of electronic communications.

• (3) Where—

• (a) an electronic communication is used as mentioned in paragraphs (1) and (2), and

• (b) the communication is received by the recipient outside the recipient's office hours, it is to be taken to have been received on the next working day, and in this regulation “working day” means a day which is not a Saturday, Sunday, bank holiday under the Banking and Financial Dealings Act 1971 or other public holiday in England.

PART 2 — Duty to co-operate

Duty to co-operate

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• (1) The bodies prescribed for the purposes of section 33A(1)(c) of the Act are—

• (a) the Environment Agency;

• (b) the Historic Buildings and Monuments Commission for England (known as English Heritage);

• (c) Natural England;

• (d) the Mayor of London;

• (e) the Civil Aviation Authority ;

• (f) the Homes and Communities Agency;

• (g) each integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;

• (ga) NHS England;

• (h) the Office of Rail and Road;

• (i) Transport for London ;

• (j) each Integrated Transport Authority ;

• (k) each highway authority within the meaning of section 1 of the Highways Act 1980 (including the Secretary of State, where the Secretary of State is the highways authority); and

• (l) the Marine Management Organisation.

• (2) The bodies prescribed for the purposes of section 33A(9) of the Act are—

• (a) each local enterprise partnership; and

• (b) each local nature partnership.

• (3) In this regulation—

• “local enterprise partnership” means a body, designated by the Secretary of State, which is established for the purpose of creating or improving the conditions for economic growth in an area; and

• “local nature partnership” means a body, designated by the Secretary of State, which is established for the purpose of protecting and improving the natural environment in an area and the benefits derived from it.

PART 3 — Local development documents and directions by the Mayor of London

Local development documents

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• (1) For the purposes of section 17(7)(za) of the Act the documents which are to be prepared as local development documents are—

• (a) any document prepared by a local planning authority individually or in cooperation with one or more other local planning authorities, which contains statements regarding one or more of the following—

• (i) the development and use of land which the local planning authority wish to encourage during any specified period;

• (ii) the allocation of sites for a particular type of development or use;

• (iii) any environmental, social, design and economic objectives which are relevant to the attainment of the development and use of land mentioned in paragraph (i); and

• (iv) development management and site allocation policies, which are intended to guide the determination of applications for planning permission;

• (b) where a document mentioned in sub-paragraph (a) contains policies applying to sites or areas by reference to an Ordnance Survey map, any map which accompanies that document and which shows how the adopted policies map would be amended by the document, if it were adopted.

• (2) For the purposes of section 17(7)(za) of the Act the documents which, if prepared, are to be prepared as local development documents are—

• (a) any document which—

• (i) relates only to part of the area of the local planning authority;

• (ii) identifies that area as an area of significant change or special conservation; and

• (iii) contains the local planning authority's policies in relation to the area; and

• (b) any other document which includes a site allocation policy.

Local plans

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Any document of the description referred to in regulation 5(1)(a)(i), (ii) or (iv) or 5(2)(a) or (b) is a local plan.

Direction by the Mayor of London

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• (1) Where the Mayor of London has given a direction under section 15(3A), 15(4) or (8) of the Act to a local planning authority they must send a copy of it to the Secretary of State and, notwithstanding regulation 3(1), they must send—

• (a) one copy electronically; and

• (b) two copies in paper form.

• (2) The time prescribed for the purposes of section 15(6B), (8B)(b) and (8C) of the Act is 3 weeks starting on the day the Mayor of London gives the direction in question.

PART 4 — Form and content of documents and regard to be had to certain matters

Form and content of local plans and supplementary planning documents: general

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• (1) A local plan or a supplementary planning document must—

• (a) contain the date on which the document is adopted; and

• (b) indicate whether the document is a local plan or a supplementary planning document.

• (2) A local plan or a supplementary planning document must contain a reasoned justification of the policies contained in it.

• (3) Any policies contained in a supplementary planning document must not conflict with the adopted development plan.

• (4) Subject to paragraph (5), the policies contained in a local plan must be consistent with the adopted development plan.

• (5) Where a local plan contains a policy that is intended to supersede another policy in the adopted development plan, it must state that fact and identify the superseded policy.

Form and content of the adopted policies map

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• (1) The adopted policies map must be comprised of, or contain, a map of the local planning authority's area which must—

• (a) be reproduced from, or be based on, an Ordnance Survey map;

• (b) include an explanation of any symbol or notation which it uses; and

• (c) illustrate geographically the application of the policies in the adopted development plan.

• (2) Where the adopted policies map consists of text and maps, the text prevails if the map and text conflict.

Local plans and supplementary planning documents: additional matters to which regard is to be had

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• (1) The matters (additional to those specified in section 19(2)(a) to (i) of the Act) prescribed for the purposes of section 19(2)(j) of the Act are—

• (a) policies developed by a local transport authority in accordance with section 108 of the Transport Act 2000 ;

• (b) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment ... ;

• (c) the need, in the long term—

• (i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

• (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures;

• (iii) in the case of existing establishments, to take additional technical measures in accordance with regulation 5 of the Control of Major Accident Hazards Regulations 2015 so as not to increase the risks to human health or the environment.

• (d) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011 );

• (e) where a local planning authority's area is adjacent to Wales, the Planning Policy Wales, published by the Welsh Government in February 2011; and

• (f) where a local planning authority's area is adjacent to Scotland, the National Planning Framework for Scotland, published by the Scottish Government in June 2009.

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

PART 5 — Supplementary planning documents

Application and interpretation of Part 5

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• (1) This Part applies to supplementary planning documents only.

• (2) In this Part—

• “adoption statement” means a statement specifying—the date on which a supplementary planning document was adopted,if applicable, any modifications made pursuant to section 23(1) of the Act,that any person with sufficient interest in the decision to adopt the supplementary planning document may apply to the High Court for permission to apply for judicial review of that decision, andthat any such application must be made promptly and in any event not later than 3 months after the date on which the supplementary planning document was adopted; and

• “consultation statement” means the statement prepared under regulation 12(a).

Public participation

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Before a local planning authority adopt a supplementary planning document it must—

• (a) prepare a statement setting out—

• (i) the persons the local planning authority consulted when preparing the supplementary planning document;

• (ii) a summary of the main issues raised by those persons; and

• (iii) how those issues have been addressed in the supplementary planning document; and

• (b) for the purpose of seeking representations under regulation 13, make copies of that statement and the supplementary planning document available in accordance with regulation 35 together with details of—

• (i) the date by which representations must be made (being not less than 4 weeks from the date the local planning authority complies with this paragraph), and

• (ii) the address to which they must be sent.

Representations on supplementary planning documents

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• (1) Any person may make representations about a supplementary planning document.

• (2) Any such representations must be received by the local planning authority by the date specified pursuant to regulation 12(b).

Adoption of supplementary planning documents

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As soon as reasonably practicable after the local planning authority adopt a supplementary planning document they must—

• (a) make available in accordance with regulation 35—

• (i) the supplementary planning document; and

• (ii) an adoption statement; and

• (b) send a copy of the adoption statement to any person who has asked to be notified of the adoption of the supplementary planning document.

Revocation or withdrawal of a supplementary planning document

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• (1) Where a supplementary planning document is withdrawn pursuant to section 22 of the Act the local planning authority must as soon as reasonably practicable—

• (a) make available a statement of that fact in accordance with regulation 35;

• (b) send, to each of the bodies or persons which made representations under regulation 13(2) on the supplementary planning document, notification that the supplementary planning document has been withdrawn, and

• (c) cease to make any documents relating to the withdrawn supplementary planning document (other than the statement mentioned in paragraph (1)(a)) available in accordance with regulation 35.

• (2) A local planning authority may revoke any supplementary planning document.

• (3) Where a supplementary planning document is revoked pursuant to section 25 of the Act the local planning authority must as soon as reasonably practicable—

• (a) cease to make any documents relating to the revoked supplementary planning document available in accordance with regulation 35; and

• (b) take such other steps as it considers necessary to draw the revocation of the supplementary planning document to the attention of persons living or working in their area.