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The Town and Country Planning (Local Planning) (England) Regulations 2026

Type Statutory-Instrument

Publication 2026-03-03

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: at 8.19 a.m. on 3rd March 2026

Laid before Parliament: 4th March 2026

Coming into force: 25th March 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 15B(5), (10) and (11), 15BA(3)(b) and (4), 15BB(4), 15C(5), 15CA(3), (6)(i) and (8)(a), (b), (c), (d), (e), (g), (h), 15CB(4) and (8), 15CC(11) and (12), 15D(1) and (2), 15DA(3)(b), 15DB(4), 15G(2)(c), 15IB(4) and (5), 15IC(10) and (11), 15JB(6) and (7), 15LD(2)(a) and (b), 15LE(1) and (2)(d), (e), (f), (g), (h), (m), (n) and (p), 17(6A) and (7), 19(2)(j), 20(3), 25(b), 28(9) and (11), 28C(6) and (7), 31(6) and (7), 33A(1)(c) and (9), 35(2), 36 and 122(3)(a) and (b) of the Planning and Compulsory Purchase Act 2004[^f00001].

Part 1 — GENERAL

Citation, commencement, extent and application

1

(1) These Regulations may be cited as the Town and Country Planning (Local Planning) (England) Regulations 2026.

(2) These Regulations come into force on 25th March 2026.

(3) These Regulations extend to England and Wales and apply in relation to England only.

Interpretation

2

(1) In these Regulations, a planning authority is either—

(a) a local planning authority[^f00002], or

(b) a minerals and waste planning authority[^f00003].

(2) In these Regulations—

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

“address” means— a number or address used for the purposes of sending or receiving documents or information by electronic means; a postal address;

“education functions” means the functions specified in Schedule 36A to the Education Act 1996[^f00004];

“electronic communication” has the same meaning as in section 15 (1) of the Electronic Communications Act 2000[^f00005];

“electronic communications apparatus” has the same meaning as in paragraph 5(1) of the electronic communications code;

“electronic communications code” has the same meaning as in section 106 (1) of the Communications Act 2003[^f00006];

“the examiner” means— in Part 4, the person appointed to carry out the independent examination of a local plan[^f00007] by the Secretary of State under section 15D(4) of the Act; in Part 5, the person appointed to carry out the independent examination of a minerals and waste plan document by the Secretary of State under section 15D(4) of the Act[^f00008]; in Part 6, the person appointed by the Secretary of State under section 15DB(2)(a) of the Act, or the person to whom the supplementary plan[^f00009] is submitted under section 15DB(2)(b) of the Act;

“general consultation bodies” means— voluntary bodies, some or all of whose activities benefit all or part of the planning authority’s area; bodies which represent the interests of persons in the planning authority’s area who share a protected characteristic under the Equality Act 2010[^f00010]; bodies which represent the interests of persons carrying on business in the planning authority’s area;

“inspection” means inspection by the public;

“Integrated Transport Authority” means— an authority which is known as an Integrated Transport Authority as a result of section 77(2) of the Local Transport Act 2008[^f00011] (change of name of passenger transport areas and PTAs), or an authority established under Part 5 of that Act (Integrated Transport Authorities etc.);

“lead local flood authority” means— the unitary authority for the area, or if there is no unitary authority, the county council for the area;

“local authority” means— a county council; a metropolitan district council[^f00012]; a non-metropolitan district council[^f00013] for an area for which there is no county council; a London borough council; the Common Council of the City of London in its capacity as a local authority;

“local policing body” means— a police and crime commissioner elected under section 1 of the Police Reform and Social Responsibility Act 2011[^f00014]; the Mayor’s Office for Policing and Crime established under section 3 of the Police Reform and Social Responsibility Act 2011; the Common Council of the City of London in its capacity as a police authority;

“map of proposed local plan policies” means the document referred to in regulation 25;

“map of proposed minerals and waste plan document policies” means the document referred to in regulation 50;

“map of proposed supplementary plan policies” means the document referred to in regulation 69;

“minerals and waste plan document” means a document which is to be or form part of the minerals and waste plan[^f00015];

“neighbourhood forum” means an organisation or body designated as such under section 61F (3) of the Town and Country Planning Act 1990[^f00016];

“notice of content and evidence consultation” has the meaning given in regulation 48 (5);

“notice of intention to commence local plan preparation” means the document referred to in regulation 19;

“notice of intention to commence minerals and waste plan document preparation” means the document referred to in regulation 44;

“notice of intention to commence supplementary plan preparation” means the document referred to in regulation 68;

“notice of plan content and evidence consultation” has the meaning given in regulation 23 (5);

“notice of proposed local plan consultation” has the meaning given in regulation 27 (5);

“notice of proposed minerals and waste plan document consultation” has the meaning given in regulation 52 (5);

“notice of proposed supplementary plan consultation” has the meaning given in regulation 70 (7);

“notice of scoping consultation”— in relation to a local plan, has the meaning given in regulation 20 (5); in relation to a minerals and waste plan document, has the meaning given in regulation 45 (5);

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

“planning authority’s area” in relation to a minerals and waste planning authority, means that authority’s relevant area[^f00017];

“proposed local plan content and evidence” has the meaning given in regulation 23 (5);

“proposed local plan submission documents” has the meaning given in regulation 27 (5);

“proposed minerals and waste plan document content and evidence” has the meaning given in regulation 48 (5);

“proposed minerals and waste plan document submission documents” has the meaning given in regulation 52 (5);

“proposed supplementary plan submission documents” has the meaning given in regulation 70 (7);

“relevant authority” means— in relation to a joint local plan[^f00018], a local planning authority who are one of the relevant authorities in relation to that plan for the purposes of section 15IA of the Act; in relation to a joint minerals and waste plan document[^f00019], a minerals and waste planning authority who are one of the relevant authorities in relation to that document for the purposes of section 15IA of the Act[^f00020]; in relation to a joint supplementary plan[^f00021], a local planning authority or (as the case may be) a minerals and waste planning authority who are one of the relevant authorities in relation to that plan for the purposes of section 15IC of the Act;

“relevant consultation body” means— a local planning authority; a minerals and waste planning authority; a parish council; a local policing body; a combined authority established under section 103 (1) of the Local Democracy, Economic Development and Construction Act 2009[^f00022]; a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023[^f00023];

“self-assessment summary” means— in relation to a local plan, the document referred to in regulation 21; in relation to a minerals and waste plan document, the document referred to in regulation 46;

“specific consultation bodies” means— Active Travel England[^f00024]; any person— to whom the electronic communications code applies as a result of a direction given under section 106 (3) (a) of the Communications Act 2003, and who owns or controls electronic communications apparatus situated in the planning authority’s area; Canal & River Trust[^f00025]; the Civil Aviation Authority[^f00026]; the Coal Authority[^f00027]; the English Sports Council[^f00028]; the Environment Agency[^f00029]; the Forestry Commission[^f00030]; a highway authority within the meaning in section 1 of the Highways Act 1980[^f00031], any part of whose area is in or adjoins the planning authority’s area (including the Secretary of State, where the Secretary of State is the highways authority); the Historic Buildings and Monuments Commission for England[^f00032]; the Homes and Communities Agency[^f00033]; if it exercises functions in the planning authority’s area— an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006[^f00034], a person to whom a licence has been granted under section 6 (1) (b) or (c) of the Electricity Act 1989[^f00035] (licences authorising supply, etc.), a person to whom a licence has been granted under section 7 (2) of the Gas Act 1986[^f00036] (licensing of public gas transporters), a sewerage undertaker appointed under section 6 (1) of the Water Industry Act 1991[^f00037], and a water undertaker appointed under section 6 (1) of the Water Industry Act 1991; an Integrated Transport Authority for an integrated transport area within the meaning in section 77(1) of the Local Transport Act 2008[^f00038], which is in or adjoins the planning authority’s area; the Marine Management Organisation[^f00039]; Natural England[^f00040]; a neighbourhood forum any part of whose area is in or adjoins the planning authority’s area; Network Rail Infrastructure Limited[^f00041]; the Office for Nuclear Regulation[^f00042]; the Office of Rail and Road[^f00043]; where the planning authority are a London borough council or any part of their area adjoins Greater London[^f00044], Transport for London[^f00045]; a relevant consultation body any part of whose area is in or adjoins the planning authority’s area; where the planning authority are a London borough council, the Mayor of London; where the planning authority are not responsible for discharging education functions in their area, the local authority with that responsibility; where the planning authority are not the lead local flood authority for their area, that lead local flood authority; the responsible authority for a local nature recovery strategy that relates to all or part of the planning authority’s area appointed under section 105 (2) of the Environment Act 2021[^f00046], where that authority is not the planning authority;

“unitary authority” means— the council of a county for which there are no district councils; the council of a district in an area for which there is no county council; the council of a London borough; the Common Council of the City of London; the Council of the Isles of Scilly.

Electronic communications

3

(1) Where—

(a) a document, copy, notice, notification or representations on any matter or document are sent or made by way of electronic communications, and

(b) the electronic communication is received by the recipient outside that person’s normal office hours,

it is to be taken to have been received on the next working day after the day on which the electronic communication is received.

(2) In this regulation, “working day” means a day which is not a Saturday, a Sunday, a bank holiday in England under the Banking and Financial Dealings Act 1971[^f00047], or any other public holiday in England.

Part 2 — PLAN TIMETABLES

Form and content of a local plan timetable

4

(1) A local plan timetable[^f00048] must contain the following information from the date on which it is first published in accordance with section 15B(8) of the Act—

(a) the date on which the local planning authority will make their notice of intention to commence local plan preparation available under regulation 19 (1),

(b) the date on which the local planning authority will make a notice of scoping consultation available under regulation 20 (1)(b),

(c) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 20 (4) (scoping consultation),

(d) the date on which the local planning authority will make their self-assessment summary available under regulation 21 (3),

(e) the date on which the local planning authority will make a notice of plan content and evidence consultation available under regulation 23 (1)(a),

(f) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 23 (4) (consultation on proposed local plan content and evidence),

(g) the date on which observations and advice will be sought under section 15CA(3) of the Act in accordance with regulation 26 (gateway 2),

(h) the date on which the local planning authority will make a notice of proposed local plan consultation available under regulation 27 (1)(a),

(i) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 27 (4) (consultation on the proposed local plan),

(j) the date on which observations and advice will be sought under section 15CA(3) of the Act in accordance with regulation 31 (gateway 3: prescribed requirements assessment),

(k) the date on which the local planning authority will submit their proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act, and

(l) the date on which the local planning authority will consider adopting the proposed local plan under section 15EA of the Act.

(2) Where a local planning authority intend to carry out a consultation in connection with the preparation of a local plan in addition to when they are required to do so under regulations 20, 23 and 27, their local plan timetable must contain the following information from the date on which it is first published in accordance with section 15B(8) of the Act—

(a) the date on which the consultation will begin, and

(b) the date on or before which representations will have to be received by the authority.

(3) Where a local planning authority intend to prepare a supplementary plan under section 15CC of the Act, their local plan timetable must also contain the following information in relation to each supplementary plan which the authority are to prepare—

(a) the date on which the authority will make their notice of intention to commence supplementary plan preparation available under regulation 68 (1),

(b) the date on which the authority will make a notice of proposed supplementary plan consultation available under regulation 70 (1)(a),

(c) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 70 (6) (consultation on the proposed supplementary plan),

(d) the date on which the authority will submit the supplementary plan that they propose to adopt for independent examination under section 15DB(1) of the Act, and

(e) the date on which the authority will consider adopting the supplementary plan under section 15EA of the Act.

Form and content of a minerals and waste plan timetable

5

(1) A minerals and waste plan timetable[^f00049] must, from the date on which it is first published in accordance with section 15B(8) of the Act[^f00050]—

(a) specify how many documents will collectively form the minerals and waste plan for the minerals and waste planning authority’s relevant area;

(b) specify whether the minerals and waste plan for the minerals and waste planning authority’s relevant area is to be partly formed of one or more joint minerals and waste plan documents and, if so, each other minerals and waste planning authority for whose relevant area the joint minerals and waste plan document is to be or form part of the minerals and waste plan;

(c) contain the information required by paragraph (2) for the first minerals and waste plan document which the minerals and waste planning authority are to prepare.

(2) The information required by this paragraph is—

(a) the date on which the minerals and waste planning authority will make their notice of intention to commence minerals and waste plan document preparation available under regulation 44 (1),

(b) the date on which the minerals and waste planning authority will make a notice of scoping consultation available under regulation 45 (1)(b),

(c) the date on or before which representations will have to be received by the minerals and waste planning authority in accordance with regulation 45 (4) (scoping consultation),

(d) the date on which the minerals and waste planning authority will make their self-assessment summary available under regulation 46 (3),

(e) the date on which the minerals and waste planning authority will make a notice of content and evidence consultation available under regulation 48 (1)(a),

(f) the date on or before which representations will have to be received by the minerals and waste planning authority in accordance with regulation 48 (4) (consultation on proposed minerals and waste plan document content and evidence),

(g) the date on which observations and advice will be sought under section 15CA(3) of the Act[^f00051] in accordance with regulation 51 (gateway 2),

(h) the date on which the minerals and waste planning authority will make a notice of proposed minerals and waste plan document consultation available under regulation 52 (1)(a),

(i) the date on or before which representations will have to be received by the minerals and waste planning authority in accordance with regulation 52 (4) (consultation on the proposed minerals and waste plan document),

(j) the date on which observations and advice will be sought under section 15CA(3) of the Act in accordance with regulation 56 (gateway 3: prescribed requirements assessment),

(k) the date on which the minerals and waste planning authority will submit their proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act, and

(l) the date on which the minerals and waste planning authority will consider adopting the proposed minerals and waste plan document under section 15EA of the Act.

(3) Where a minerals and waste planning authority intend to carry out a consultation in connection with the preparation of the first minerals and waste plan document which they are to prepare in addition to when they are required to do so under regulations 45, 48 and 52, their minerals and waste plan timetable must contain the information required by paragraph (4) from the date on which it is first published in accordance with section 15B(8) of the Act.

(4) The information required by this paragraph is—

(a) the date on which the consultation will begin, and

(b) the date on or before which representations will have to be received by the authority.

(5) Where a minerals and waste planning authority intend to prepare a supplementary plan under section 15CC of the Act, their minerals and waste plan timetable must also contain the following information in relation to each supplementary plan which the authority are to prepare—

(a) the date on which the authority will make their notice of intention to commence supplementary plan preparation available under regulation 68 (1),

(b) the date on which the authority will make a notice of proposed supplementary plan consultation available under regulation 70 (1)(a),

(c) the date on or before which representations will have to be received by the authority in accordance with regulation 70 (6) (consultation on the proposed supplementary plan),

(d) the date on which the authority will submit the supplementary plan that they propose to adopt for independent examination under section 15DB(1) of the Act, and

(e) the date on which the authority will consider adopting the supplementary plan under section 15EA of the Act.

Revision of a local plan timetable

6

(1) For each period specified in paragraph (2), a local planning authority must ensure their local plan timetable is up to date by no later than the last day of that period.

(2) The periods specified in this paragraph are—

(a) the period of one month beginning with the date on which the local plan timetable is first published in accordance with section 15B(8) of the Act and regulation 8 (publication), and

(b) each subsequent period of a month thereafter.

(3) By the end of the same day that a relevant plan preparation stage occurs, a local planning authority must revise their local plan timetable to set out the date on which that stage occurred.

(4) In paragraph (3), a “relevant plan preparation stage” means—

(a) the making available by the authority of their self-assessment summary under regulation 21 (3);

(b) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 26 (gateway 2);

(c) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 31 (gateway 3: prescribed requirements assessment);

(d) the publication by the authority, in accordance with section 15D(13) of the Act, of the recommendations and reasons received under section 15D of the Act.

(5) Where a local planning authority decide to carry out a consultation in connection with the preparation of their local plan in addition to when they are required to do so under regulations 20, 23 and 27, and their local plan timetable does not contain the information specified in regulation 4 (2), the authority must revise their local plan timetable as soon as is reasonably practicable after making such a decision, to set out—

(a) the date on which the consultation is to begin, and

(b) the date on or before which representations must be received by the authority.

(6) Where a relevant event occurs, a local planning authority must revise their local plan timetable as soon as is reasonably practicable after the relevant event to set out the date on which it occurred.

(7) In paragraph (6), “relevant event” means—

(a) the seeking of further observations and advice by the local planning authority under section 15CA(3) of the Act and regulation 33 (3) (repeat of gateway 3);

(b) the publication by the local planning authority, in accordance with section 15CA(5) of the Act, of observations and advice received under section 15CA(3) of the Act and regulation 33 (repeat of gateway 3);

(d) the revocation of the local planning authority’s local plan under section 15G of the Act.

(8) Where the examination of their local plan is to be paused under section 15D(7) of the Act, a local planning authority must revise their local plan timetable as soon as is reasonably practicable after receiving a notification under section 15DA(2) of the Act, so as to set out the period for which the examination is to be paused or is paused.

Revision of a minerals and waste plan timetable

7

(1) No later than on the date on which a minerals and waste planning authority make their notice of intention to commence minerals and waste plan document preparation available under regulation 44 (1) for a further document which is to form part of their minerals and waste plan, the authority must revise their minerals and waste plan timetable to set out in relation to that document—

(a) the information required by regulation 5 (2), and

(b) where the minerals and waste planning authority intend to carry out a consultation in connection with the preparation of that document in addition to when they are required to do so under regulations 45, 48 and 52, the information required by regulation 5 (4).

(2) For each period specified in paragraph (3), a minerals and waste planning authority must ensure their minerals and waste plan timetable is up to date by no later than the last day of that period.

(3) The periods specified in this paragraph are—

(a) the period of one month beginning with the date on which the minerals and waste plan timetable is first published in accordance with section 15B(8) of the Act and regulation 9 (publication), and

(b) each subsequent period of a month thereafter.

(4) By the end of the same day that a relevant plan preparation stage occurs, a minerals and waste planning authority must revise their minerals and waste plan timetable to set out the date on which that stage occurred.

(5) In paragraph (4), a “relevant plan preparation stage” means—

(a) the making available by the authority of their self-assessment summary under regulation 46 (3);

(b) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 51 (gateway 2);

(c) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 56 (gateway 3: prescribed requirements assessment);

(d) the publication by the authority, in accordance with section 15D(13) of the Act, of the recommendations and reasons received under section 15D of the Act.

(6) Where a minerals and waste planning authority decide to carry out a consultation in connection with the preparation of a minerals and waste plan document in addition to when they are required to do so under regulations 45, 48 and 52, and their minerals and waste plan timetable does not contain the information specified in regulation 5 (4) in relation to that document, the authority must revise their timetable for that document as soon as is reasonably practicable after making such a decision, to set out—

(a) the date on which the consultation is to begin, and

(b) the date on or before which representations must be received by the authority.

(7) Where a relevant event occurs, a minerals and waste planning authority must revise their minerals and waste plan timetable as soon as is reasonably practicable after the relevant event to set out the date on which it occurred.

(8) In paragraph (7), “relevant event” means—

(a) the seeking of further observations and advice by the minerals and waste planning authority under section 15CA(3) of the Act and regulation 58 (3) (repeat of gateway 3);

(b) the publication by the minerals and waste planning authority, in accordance with section 15CA(5) of the Act, of observations and advice received under section 15CA(3) of the Act and regulation 58 (repeat of gateway 3);

(c) the withdrawal of a document which was to be or form part of the minerals and waste planning authority’s minerals and waste plan under section 15E of the Act[^f00052];

(d) the revocation of a document which is or forms part of the minerals and waste planning authority’s minerals and waste plan under section 15G of the Act[^f00053].

(9) Where the examination of a proposed minerals and waste plan document is to be paused under section 15D(7) of the Act, a minerals and waste planning authority must revise their minerals and waste plan timetable as soon as is reasonably practicable after receiving notification under section 15DA(2) of the Act[^f00054], so as to set out the period for which the examination is to be paused or is paused.

Publication of a local plan timetable

8

(1) A local planning authority must first comply with section 15B(8) of the Act in relation to a local plan timetable no later than on the earlier of—

(a) the date on which the authority make their notice of intention to commence local plan preparation available under regulation 19 (1), or

(b) the date on which the authority make a notice of intention to commence supplementary plan preparation available under regulation 68 (1).

(2) When a local planning authority comply with section 15B(8) of the Act, the authority must on the same day make available in accordance with regulation 88 the following—

(a) their local plan timetable, and

(b) the statement that the timetable is to have effect.

Publication of a minerals and waste plan timetable

9

(1) A minerals and waste planning authority must first comply with section 15B(8) of the Act in relation to a minerals and waste plan timetable no later than on the earlier of—

(a) the date on which the authority make their notice of intention to commence minerals and waste plan document preparation available under regulation 44 (1) for the first minerals and waste plan document which the authority are to prepare, or

(b) the date on which the authority make a notice of intention to commence supplementary plan preparation available under regulation 68 (1).

(2) When a minerals and waste planning authority comply with section 15B(8) of the Act, the authority must on the same day make available in accordance with regulation 88—

(a) their minerals and waste plan timetable, and

(b) the statement that the timetable is to have effect.

Direction by the Mayor of London

10

(1) The time prescribed for the purposes of section 15BA(3)(b) of the Act[^f00055] is the first day after a period of three weeks beginning with the date on which the Mayor of London gives the direction under section 15B(6) or (7) of the Act.

(2) The time prescribed for the purposes of section 15BA(4) of the Act[^f00056] is the period of three weeks beginning with the date on which the Mayor of London gives the direction under section 15B(6) or (7) of the Act.

Part 3 — FORM AND CONTENT OF PLANS AND REGARD TO BE HAD TO CERTAIN MATTERS

Form and content of local plans: general

11

(1) A local plan must contain—

(a) a vision for the future of the local planning authority’s area (however expressed) setting out how the area is intended to change over the period of the plan,

(b) no more than ten measurable outcomes, designed to monitor progress towards meeting the vision for the future of the local planning authority’s area contained in the plan in accordance with sub-paragraph (a), and

(2) A vision for the future of a local planning authority’s area contained in a local plan in accordance with paragraph (1)(a) must relate to the particular characteristics or circumstances of the local planning authority’s area.

(3) A local plan may contain aims and objectives of the local planning authority for the period of the plan, including the approach that the authority propose to take to achieve the vision for the future of the authority’s area contained in the plan in accordance with paragraph (1)(a).

(4) Where a local plan contains a policy that the local planning authority consider (in substance) supersedes another policy in the development plan for the authority’s area which has effect, it must state that fact and identify the superseded policy.

(5) When published on a local planning authority’s website in accordance with regulation 39 (1)(a)(i) and regulation 88 (1)(a), a local plan must be in a searchable electronic format.

Form and content of minerals and waste plan documents: general

12

(1) A document which is or forms part of a minerals and waste plan must contain—

(a) a vision for the future of the minerals and waste planning authority’s relevant area (however expressed) setting out how the area is intended to change over the period of the document,

(b) no more than ten measurable outcomes, designed to monitor progress towards meeting the vision for the future of the minerals and waste planning authority’s relevant area contained in the document in accordance with sub-paragraph (a), and

(2) A vision for the future of a minerals and waste planning authority’s relevant area contained in a document which is or forms part of a minerals and waste plan in accordance with paragraph (1)(a) must relate to the particular characteristics or circumstances of the minerals and waste planning authority’s relevant area.

(3) A document which is or forms part of a minerals and waste plan may contain aims and objectives of the minerals and waste planning authority for the period of the document, including the approach that the authority propose to take to achieve the vision for the future of the authority’s relevant area contained in the document in accordance with paragraph (1)(a).

(4) Where a document which is or forms part of a minerals and waste plan contains a policy that the minerals and waste planning authority consider (in substance) supersedes another policy in the development plan for the authority’s relevant area which has effect, it must state that fact and identify the superseded policy.

(5) A document which forms part of a minerals and waste plan must specify each other document which collectively forms part of the minerals and waste plan for the minerals and waste planning authority’s relevant area and which already has effect as part of the development plan for the authority’s relevant area.

(6) When published on a minerals and waste planning authority’s website in accordance with regulation 64 (1)(a)(i) and regulation 88 (1)(a), a document which is or forms part of a minerals and waste plan must be in a searchable electronic format.

Form and content of supplementary plans: general

13

(1) A supplementary plan must contain—

(a) the date on which the plan is adopted or approved under Part 2 of the Act, and

(b) a reasoned justification of the policies contained in the plan.

(2) Where a supplementary plan contains a policy that the relevant plan-making authority[^f00057] consider (in substance) supersedes another policy in the development plan which has effect for the area or a site to which the supplementary plan relates, it must state that fact and identify the superseded policy.

(3) When published on a relevant plan-making authority’s website in accordance with regulation 76 (1)(a)(i) and regulation 88 (1)(a), a supplementary plan must be in a searchable electronic format.

Local plans: other matters to which regard is to be had

14

The prescribed matters to which a local planning authority must have regard for the purposes of section 15CA(6)(i) of the Act are—

(a) the local planning authority’s self-assessment summary,

(b) where the local planning authority carry out a consultation in connection with the preparation of the local plan in addition to when they are required to do so under regulations 20, 23 and 27, any responses to that consultation,

(d) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment,

(e) 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, and

(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[^f00059] so as not to increase the risks to human health or the environment, and

(f) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011[^f00060]).

Minerals and waste plans: other matters to which regard is to be had

15

The prescribed matters to which a minerals and waste planning authority must have regard for the purposes of section 15CA(6)(i) of the Act are—

(a) the minerals and waste planning authority’s self-assessment summary,

(b) where the minerals and waste planning authority carry out a consultation in connection with the preparation of the minerals and waste plan document in addition to when they are required to do so under regulations 45, 48 and 52, any responses to that consultation,

(d) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment,

(e) 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, and

(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, and

(f) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011).

Supplementary plans: matters to which regard is to be had

16

In preparing a supplementary plan, a relevant plan-making authority must have regard to—

(a) any responses to a consultation held in connection with the preparation of the supplementary plan, including a consultation held in accordance with regulation 70 (consultation on the proposed supplementary plan),

(b) other national policies and advice contained in guidance issued by the Secretary of State,

(c) if any part of the area or a site to which the supplementary plan relates adjoins Scotland, the document referred to in section 15CA(6)(e) of the Act,

(d) if any part of the area or a site to which the supplementary plan relates adjoins Wales, the document referred to in section 15CA(6)(f) of the Act,

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

(f) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment,

(g) 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, and

(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, and

(h) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011).

Part 4 — LOCAL PLANS

Interpretation of Part 4

17

In this Part—

“gateway 3 completion statement” means a statement confirming the date on which the local planning authority was advised under section 15CA(3) of the Act and regulation 31 (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 33 (repeat of gateway 3), by a person appointed by the Secretary of State, that each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan;

“gateway 3 submission documents” means the following documents— the local planning authority’s proposed local plan that they intend to submit to the Secretary of State for independent examination under section 15D(1) of the Act; the local planning authority’s map of proposed local plan policies; a statement of compliance; a statement of soundness; a statement setting out a summary of the consultation and engagement activities carried out by the local planning authority in preparing their proposed local plan; the local planning authority’s summary of scoping consultation; the local planning authority’s summary of consultation on proposed local plan content and evidence; the local planning authority’s summary of consultation on the proposed local plan; where regulation 28 (conformity with operative spatial development strategy) applies to the local planning authority, copies of any representations made in accordance with that regulation; a statement setting out the local planning authority’s practical arrangements demonstrating readiness for examination; where regulation 29 (supplementary plans statement) applies to the local planning authority, a supplementary plans statement; where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004[^f00061], a copy of that report; where the local planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed local plan is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a copy of the statement of its reasons for the determination prepared under regulation 9 (3) of those Regulations; such other documents or information as the local planning authority consider necessary to support the person appointed by the Secretary of State under section 15CA(3) of the Act in providing observations and advice of the nature specified in regulation 31 (2) (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 33 (3) (repeat of gateway 3);

“statement of compliance” means a statement setting out the following information— details of how the proposed local plan complies with, or the local planning authority have complied with, the requirements prescribed by regulation 32 (gateway 3: prescribed requirements); where the proposed local plan does not include content of the nature specified in regulation 11 (4) (superseded policies), an explanation as to why the local planning authority consider that this requirement is not engaged in relation to the plan; where a spatial development strategy[^f00062] is operative in relation to the area of the local planning authority, how the authority have prepared their proposed local plan to be in general conformity with that strategy, in accordance with section 15CA(2) of the Act; details of where observations or advice made available in accordance with regulation 26 (5)(a) (gateway 2) are available for inspection and of the places and times which they can be inspected;

“statement of soundness” means a statement setting out details of the evidence which the local planning authority has gathered to support their proposed local plan and how the authority consider that this evidence demonstrates that it would be reasonable for the examiner to conclude that the plan is sound;

“summary of consultation on proposed local plan content and evidence” means the document referred to in regulation 24;

“summary of consultation on the proposed local plan” means the document referred to in regulation 30;

“summary of scoping consultation” means the document referred to in regulation 22;

“supplementary plans statement” means the document referred to in regulation 29.

Preparation of a new local plan

18

(1) A local planning authority must begin preparation of a new local plan to replace the existing one within the period of five years beginning with the day after the date on which—

(a) the authority passed a resolution adopting the existing local plan under section 15EA of the Act, or

(b) the existing local plan was approved under Part 2 of the Act.

(2) For the purposes of paragraph (1), a local planning authority has begun preparation of a new local plan once they have complied with regulation 21 (3) (gateway 1: self-assessment of readiness to begin local plan preparation) in relation to the new local plan.

Notice of intention to commence local plan preparation

19

(1) A local planning authority must prepare, in connection with the preparation of their local plan, and make available in accordance with regulation 88, a document to be known as their “notice of intention to commence local plan preparation”.

(2) The notice of intention to commence local plan preparation must contain the following information—

(a) the name of the local planning authority who have prepared the notice,

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

(d) details of where the local planning authority’s local plan timetable is published, and

(e) the date on which the notice is made available under paragraph (1).

(3) Where a local planning authority’s local plan for their area is to be a joint local plan, their notice of intention to commence local plan preparation must also specify each other local planning authority for whose area the joint local plan is to be their local plan.

(4) Where a local planning authority are the minerals and waste planning authority for any part of their area and their local plan is to incorporate all or part of their minerals and waste plan in accordance with section 15C(10) of the Act, their notice of intention to commence local plan preparation must specify this.

Scoping consultation: local plan

20

(1) No earlier than on the date on which a local planning authority make their notice of intention to commence local plan preparation available under regulation 19 (1), the authority must—

(a) invite each of the bodies specified in paragraph (2) to make representations to the local planning authority about—

(i) such matters relevant to the preparation of the local plan as the authority or body consider appropriate, including what the plan should contain, and

(ii) how the authority should engage with them in the preparation of the local plan, and

(b) make a notice of scoping consultation available in accordance with regulation 88.

(2) The bodies specified in this paragraph are—

(a) such of the general consultation bodies as the local planning authority consider appropriate, and

(b) such of the specific consultation bodies as the local planning authority consider may have an interest in the preparation of the local plan.

(3) Any person may make representations to a local planning authority about the matters set out at paragraph (1)(a)(i) and (ii).

(4) Any representations made under this regulation must be received by the local planning authority by the date specified in the notice of scoping consultation.

(5) In this regulation, “notice of scoping consultation” means a notice specifying—

(a) the matters which the local planning authority have invited representations about under paragraph (1)(a)(i) and (ii),

(b) the date on or before which representations about the matters set out in paragraph (1)(a)(i) and (ii) must be received by the local planning authority,

(d) that representations about the matters set out in paragraph (1)(a)(i) and (ii) may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—

(i) the making available of proposed local plan content and evidence under regulation 23 (1)(b) (consultation on proposed local plan content and evidence);

(ii) the publication of observations or advice under section 15CA(5) of the Act;

(iii) the making available of the proposed local plan submission documents under regulation 27 (1)(b) (consultation on the proposed local plan);

(iv) the submission of the proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act;

(v) the making available of the matters specified in regulation 35 (2) in accordance with regulation 35 (1)(a) (independent examination: local plans);

(vi) a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;

(vii) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6);

(viii) the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);

(ix) the adoption or approval of the local plan under Part 2 of the Act.

Gateway 1: self-assessment of readiness for local plan preparation

21

(1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “self-assessment summary”.

(2) The self-assessment summary must set out details relating to the following—

(a) the local planning authority’s local plan timetable, including whether the authority has published a timetable which complies with the requirements in section 15B of the Act and Part 2 of these Regulations,

(b) the local planning authority’s project management and governance arrangements for the preparation of their local plan,

(d) the anticipated content of the local planning authority’s local plan, and

(e) any obligation arising under Part 2 and Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004.

(3) A local planning authority must make their self-assessment summary available in accordance with regulation 88 no earlier than the later of—

(a) the first day after the period of four months beginning with the date on which the authority make available their notice of intention to commence local plan preparation under regulation 19 (1), or

(b) the day after the date specified in the notice of scoping consultation.

Publication of summary of scoping consultation

22

(1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “summary of scoping consultation”.

(2) The summary of scoping consultation must set out—

(a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 20,

(b) the manner by which those invited bodies were asked to make any representations under regulation 20,

(c) if representations were made under regulation 20, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,

(d) if representations were made under regulation 20, how the local planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and

(e) if applicable, that no representations were made under regulation 20.

(3) A local planning authority must make their summary of scoping consultation available in accordance with regulation 88 no earlier than on the day after the date on which the authority make their self-assessment summary available under regulation 21 (3).

Consultation on proposed local plan content and evidence

23

(1) No earlier than on the day after the date on which a local planning authority make their summary of scoping consultation available under regulation 22 (3), the authority must—

(a) make a notice of plan content and evidence consultation available in accordance with regulation 88,

(b) make proposed local plan content and evidence available in accordance with regulation 88,

(c) notify each of the persons specified in paragraph (2) that the notice of plan content and evidence consultation and the proposed local plan content and evidence are available for inspection and of the places and times at which they can be inspected, and

(d) invite each of the persons specified in paragraph (2) to make representations to the local planning authority about the proposed local plan content and evidence.

(2) The persons specified in this paragraph are—

(a) such of the general consultation bodies as the local planning authority consider appropriate,

(b) such of the specific consultation bodies as the local planning authority consider may have an interest in the proposed local plan,

(c) such residents or other persons carrying on business in the local planning authority’s area as the authority consider appropriate, and

(d) any person who requested to be notified of the making available of the proposed local plan content and evidence.

(3) Any person may make representations to a local planning authority about the proposed local plan content and evidence.

(4) Any representations made under this regulation must be received by the local planning authority by the date specified in the notice of plan content and evidence consultation.

(5) In this regulation—

“notice of plan content and evidence consultation” means a notice specifying— details of where the proposed local plan content and evidence made available in accordance with paragraph (1)(b) and regulation 88 is available for inspection and of the places and times at which it can be inspected, the date on or before which representations about the proposed local plan content and evidence must be received by the local planning authority, which must be a date not less than six weeks from the date on which the notice is published, the address to which representations about the proposed local plan content and evidence may be made, and that representations about the proposed local plan content and evidence may be accompanied by a request to be notified at a specified address when one or more of the following steps occur— the publication of observations or advice under section 15CA(5) of the Act; the making available of the proposed local plan submission documents under regulation 27 (1)(b) (consultation on the proposed local plan); the submission of the proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act; the making available of the matters specified in regulation 35 (2) in accordance with regulation 35 (1)(a) (independent examination: local plans); a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out; the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6); the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10); the adoption or approval of the local plan under Part 2 of the Act;

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