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

• “notice of proposed minerals and waste plan document consultation” means a notice specifying— the title, if any, of the proposed minerals and waste plan document, details of where the proposed minerals and waste plan document submission documents made available in accordance with paragraph (1)(b) are available for inspection and of the places and times at which they can be inspected, the date on or before which representations about the proposed minerals and waste plan document submission documents must be received by the minerals and waste planning authority, which must be a date not less than eight weeks from the date on which the notice is published, the address to which representations about the proposed minerals and waste plan document submission documents may be made, and that representations about the proposed minerals and waste plan document submission documents 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 submission of the proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act; the making available of the matters specified in regulation 60(2) in accordance with regulation 60(1)(a) (independent examination: minerals and waste plan document); a decision 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 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 minerals and waste plan document under Part 2 of the Act;

• “proposed minerals and waste plan document submission documents” means the following documents— the minerals and waste planning authority’s proposed minerals and waste plan document; the minerals and waste planning authority’s map of proposed minerals and waste plan document policies; a document setting out details of the evidence which the minerals and waste planning authority has gathered to support the proposed minerals and waste plan document; a statement setting out— the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 45 (scoping consultation) and regulation 48 (consultation on proposed minerals and waste plan document content and evidence), the manner by which those invited bodies were asked to make any representations, a summary of the main issues raised by those representations, and how those main issues have been addressed in the proposed minerals and waste plan document; such supporting documents as the minerals and waste planning authority consider relevant to the preparation of the proposed minerals and waste plan document.

Conformity with operative spatial development strategy

53

• (1) This regulation applies only to a minerals and waste planning authority in relation to whose relevant area there is an operative spatial development strategy.

• (2) When a minerals and waste planning authority comply with regulation 52(1) (consultation on the proposed minerals and waste plan document), the authority must on the same day—

• (a) notify the authority or person who published or adopted the spatial development strategy that the proposed minerals and waste plan document submission documents and notice of proposed minerals and waste plan document consultation are available for inspection and of the places and times at which they can be inspected, and

• (b) invite that authority or person to make representations to the minerals and waste planning authority about whether the proposed minerals and waste plan document is in general conformity with the spatial development strategy by the date specified in the notice of proposed minerals and waste plan document consultation.

Supplementary plans statement

54

• (1) Paragraphs (2) to (4) apply where the development plan for a minerals and waste planning authority’s relevant area which has effect includes one or more supplementary plans prepared by the authority under section 15CC(1) of the Act.

• (2) The minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “supplementary plans statement”.

• (3) The supplementary plans statement must set out, in relation to each supplementary plan prepared by the minerals and waste planning authority which has effect as part of the development plan for the authority’s relevant area—

• (a) whether the authority’s proposed minerals and waste plan document includes matters included in the supplementary plan, and

• (b) whether the authority intends—

• (i) for the supplementary plan to remain in effect following the adoption of their proposed minerals and waste plan document,

• (ii) to request the Secretary of State to revoke the supplementary plan under section 15G(2)(b) of the Act following the adoption of their proposed minerals and waste plan document,

• (iii) to request the Secretary of State to revoke the supplementary plan so far as it relates to their area or one or more specific sites in their area under section 15G(3)(b) of the Act[^f00070] following the adoption of their proposed minerals and waste plan document, or

• (iv) to revoke the supplementary plan under regulation 77 following the adoption of their proposed minerals and waste plan document.

• (4) The minerals and waste planning authority must make available in accordance with regulation 88 the supplementary plan statement on the same day as the authority make available the proposed minerals and waste plan document submission documents under regulation 52 (consultation on the proposed minerals and waste plan document).

Publication of summary of consultation on the proposed minerals and waste plan document

55

• (1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “summary of consultation on the proposed minerals and waste plan document”.

• (2) The summary of consultation on the proposed minerals and waste plan document must set out—

• (a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 52,

• (b) the manner by which those invited bodies were asked to make any representations under regulation 52,

• (c) if representations were made under regulation 52, 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 52, how the minerals and waste 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 52.

• (3) A minerals and waste planning authority must make their summary of consultation on the proposed minerals and waste plan document available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of proposed minerals and waste plan document consultation.

Gateway 3: prescribed requirements assessment by an appointed person

56

• (1) A minerals and waste planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed minerals and waste plan document under section 15CA(3) of the Act—

• (a) at the time that the minerals and waste planning authority consider that the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document, and

• (b) in any event, no earlier than on the day after the date on which the minerals and waste planning authority make their summary of consultation on the proposed minerals and waste plan document available under regulation 55(3).

• (2) A minerals and waste planning authority must seek observations and advice on whether each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document.

• (3) A minerals and waste planning authority must send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“the appointed person”) the gateway 3 submission documents, on the same day as the authority comply with paragraph (1).

• (4) Observations or advice provided under section 15CA(3) of the Act in accordance with this regulation must—

• (a) set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 57 is met or (as the case may be) not met in relation to the proposed minerals and waste plan document,

• (b) contain a reasoned justification for each conclusion, and

• (c) be sent to the minerals and waste planning authority by way of electronic communications and the textual content must be set out in typescript.

• (5) When a minerals and waste planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—

• (a) make the observations or advice available in accordance with regulation 88,

• (b) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and

• (c) send a copy of the observations or advice to each person identified or referred to in the observations or advice.

• (6) Where the appointed person has advised that each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document, on the same day as the minerals and waste planning authority comply with paragraph (5), the authority must make available in accordance with regulation 88—

• (a) a gateway 3 completion statement, and

• (b) the gateway 3 submission documents.

Gateway 3: prescribed requirements

57

• (1) The requirements prescribed for the purposes of section 15D(1) of the Act are that the person appointed by the Secretary of State under section 15CA(3) of the Act must be satisfied that—

• (a) where this sub-paragraph applies in accordance with paragraph (2), upon the adoption or approval of the relevant document under Part 2 of the Act, the minerals and waste plan for the minerals and waste planning authority’s relevant area will set out policies of the authority (however expressed) in relation to the amount, type and location of, and timetable for, all of the county matters which comprise minerals and waste development[^f00071], in the relevant area, in accordance with section 15CB(2) of the Act,

• (b) where this sub-paragraph applies in accordance with paragraph (3), the relevant document sets out policies of the minerals and waste planning authority (however expressed) in relation to the amount, type and location of, and timetable for, one or more of the county matters which comprise minerals and waste development, in the relevant area,

• (c) the relevant document, in accordance with regulation 12 (form and content of minerals and waste plan documents)—

• (i) contains 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 and which relates to the particular characteristics or circumstances of the authority’s relevant area,

• (ii) contains 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, and

• (iii) includes content of the nature specified in regulation 12(4) (superseded policies), unless the minerals and waste planning authority’s statement of compliance sets out details as to why they consider that this requirement is not engaged in relation to the document,

• (d) the relevant document is designed to secure that the use and development of land in the minerals and waste planning authority’s relevant area contributes to the mitigation of, and adaptation to, climate change, in accordance with section 15CB(5) of the Act,

• (e) the relevant document takes account of any local nature recovery strategy that relates to all or part of the relevant area in accordance with section 15CB(6) of the Act, including in particular the matters set out in section 15CB(6)(a) to (c),

• (f) the relevant document does not include anything that is not permitted or required by or under section 15CB(2) to (4) of the Act, or regulation 12, in accordance with section 15CB(7)(a) of the Act,

• (g) the minerals and waste planning authority have complied with section 15CA(3) of the Act at the times prescribed by regulation 51 (gateway 2), regulation 56 (gateway 3: prescribed requirements assessment) and, where it applies, regulation 58 (repeat of gateway 3),

• (h) the minerals and waste planning authority have published, in accordance with section 15CA(5) of the Act and regulation 51(5)(a), any observations or advice received under section 15CA(3) of the Act sought in accordance with regulation 51 (gateway 2),

• (i) in preparing the relevant document, the minerals and waste planning authority have had regard to the matters set out in section 15CA(6) of the Act, and in regulation 15,

• (j) the minerals and waste planning authority have prepared the documents prescribed by regulation 59(1)(a) and (c) to (i) (independent examination submission documents),

• (k) the minerals and waste planning authority’s map of proposed minerals and waste plan document policies accurately illustrates the proposed geographical application of policies which relate to part of the authority’s relevant area in the relevant document, and

• (l) the minerals and waste planning authority are ready to proceed to independent examination in respect of the relevant document.

• (2) Paragraph (1)(a) applies where—

• (a) the relevant document is to be the minerals and waste plan for the minerals and waste planning authority’s relevant area upon its adoption or approval under Part 2 of the Act, or

• (b) the relevant document—

• (i) will form part of the minerals and waste plan for the minerals and waste planning authority’s relevant area upon its adoption or approval under Part 2 of the Act, and

• (ii) is the last document which is to form part of the minerals and waste plan for the minerals and waste planning authority’s relevant area alongside each other document which is or forms part of the minerals and waste plan for the authority’s relevant area.

• (3) Paragraph (1)(b) applies where the minerals and waste planning authority are to prepare one or more further minerals and waste plan documents which are to, upon their adoption or approval under Part 2 of the Act, form part of the minerals and waste plan for their relevant area collectively with—

• (a) the relevant document (if the relevant document is adopted or approved under Part 2 of the Act), and

• (b) any other document which forms part of the minerals and waste plan for the authority’s relevant area which is already in effect.

• (4) In this regulation, “relevant document” means the proposed minerals and waste plan document in relation to which a minerals and waste planning authority have sought observations and advice under section 15CA(3) of the Act and regulation 56 (gateway 3: prescribed requirements assessment) or, where applicable, regulation 58 (repeat of gateway 3).

Repeat of gateway 3: further prescribed requirements assessment by an appointed person

58

• (1) Subject to paragraphs (8) and (9), this regulation only applies where—

• (a) a minerals and waste planning authority have sought observations and advice under section 15CA(3) of the Act in accordance with regulation 56(1) and (2) (gateway 3: prescribed requirements assessment), and

• (b) the person appointed by the Secretary of State under section 15CA(3) of the Act (“the appointed person”) has advised that one or more of the requirements prescribed by regulation 57 are not met in relation to the minerals and waste planning authority’s proposed minerals and waste plan document.

• (2) As soon as is reasonably practicable after receiving such advice, the minerals and waste planning authority must take such steps as are necessary to—

• (a) address the reasoned justification for each conclusion included in the advice in accordance with regulation 56(4)(a) and (b) that a requirement prescribed by regulation 57 has not been met, and

• (b) ensure that the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document.

• (3) As soon as is reasonably practicable after complying with paragraph (2), the minerals and waste planning authority must seek further observations and advice under section 15CA(3) of the Act as to whether each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document.

• (4) A minerals and waste planning authority must send to the appointed person the gateway 3 submission documents (as updated following the steps taken in accordance with paragraph (2)), on the same day as the authority comply with paragraph (3).

• (5) Observations or advice provided under section 15CA(3) of the Act in accordance with this regulation must—

• (a) set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 57 is met or (as the case may be) not met in relation to the proposed minerals and waste plan document,

• (b) contain a reasoned justification for each conclusion, and

• (c) be sent to the minerals and waste planning authority by way of electronic communications and the textual content must be set out in typescript.

• (6) When a minerals and waste planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—

• (a) make the observations or advice available in accordance with regulation 88,

• (b) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and

• (c) send a copy of the observations or advice to each person identified or referred to in the observations or advice.

• (7) Where the appointed person has advised that each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document, on the same day as the minerals and waste planning authority comply with paragraph (6), the authority must make available in accordance with regulation 88—

• (a) a gateway 3 completion statement, and

• (b) the gateway 3 submission documents.

• (8) Where an appointed person from whom a minerals and waste planning authority has sought further observations and advice under this regulation has advised that one or more of the requirements prescribed by regulation 57 are not met in relation to the authority’s proposed minerals and waste plan document, the authority must comply with paragraphs (2) and (3) again, but the reference to regulation 56(4)(a) and (b) in paragraph (2)(a) must be read as a reference to paragraph (5)(a) and (b).

• (9) Where a minerals and waste planning authority seeks further observations and advice in accordance with paragraph (8), the requirements in paragraphs (4) to (7) apply in relation to those further observations and advice.

Submission of documents and information to the Secretary of State

59

• (1) The documents prescribed for the purposes of section 15D(2) of the Act are—

• (a) the minerals and waste planning authority’s map of proposed minerals and waste plan document policies,

• (b) the gateway 3 completion statement,

• (c) a statement setting out a summary of the consultation and engagement activities carried out by the minerals and waste planning authority in preparing their proposed minerals and waste plan document,

• (d) the minerals and waste planning authority’s summary of consultation on the proposed minerals and waste plan document,

• (e) where regulation 53 (conformity with operative spatial development strategy) applies to the minerals and waste planning authority and representations were made under that regulation, copies of those representations,

• (f) a statement of compliance,

• (g) a statement of soundness,

• (h) where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004, a copy of that report,

• (i) where the minerals and waste planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed minerals and waste plan document 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, and

• (j) such supporting documents as the minerals and waste planning authority consider necessary to demonstrate that it would be reasonable for the examiner to conclude that their proposed minerals and waste plan document is sound.

• (2) As soon as is reasonably practicable after a minerals and waste planning authority submit their proposed minerals and waste plan document to the Secretary of State for independent examination, the authority must—

• (a) publish on their website a statement confirming the date on which the proposed minerals and waste plan document was submitted to the Secretary of State for independent examination,

• (b) make available in accordance with regulation 88—

• (i) a copy of the proposed minerals and waste plan document,

• (ii) a copy of each of the documents referred to in paragraph (1) of this regulation, and

• (iii) a statement of the fact that the documents referred to in paragraphs (i) and (ii) are available for inspection and of the places and times at which they can be inspected, and

• (c) notify each person who requested to be notified of the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination and such other persons as the authority consider appropriate that—

• (i) the proposed minerals and waste plan document has been submitted to the Secretary of State, and

• (ii) the documents referred to in sub-paragraph (b)(i) and (ii) are available for inspection and of the places and times at which they can be inspected.

Independent examination: minerals and waste plan document

60

• (1) At least six weeks before the opening of a hearing held to give persons the opportunity to appear before and be heard by the examiner under section 15D of the Act, the minerals and waste planning authority must—

• (a) make the matters specified in paragraph (2) available in accordance with regulation 88, and

• (b) notify each person who requested to be notified of the making available of the matters specified in paragraph (2) and such other persons as the authority consider appropriate that those matters are available for inspection and of the places and times at which they can be inspected.

• (2) The matters specified in this paragraph are—

• (a) the date, time and place at which the hearing is to be held, and

• (b) the name of the examiner.

Pause of independent examination for further work

61

• (1) The period prescribed for the purposes of section 15DA(3)(b) of the Act (the pause period), in relation to the examination of a minerals and waste plan document, is six months.

• (2) As soon as is reasonably practicable after receiving a notification under section 15DA(2) of the Act, the minerals and waste planning authority must notify each person who requested to be so notified of the decision of the examiner under section 15D(7) of the Act.

• (3) A minerals and waste planning authority must comply with section 15DA(7) of the Act as soon as is reasonably practicable after complying with section 15DA(6).

• (4) When a minerals and waste planning authority comply with section 15DA(7) of the Act, the authority must on the same day—

• (a) make the document and evidence sent to the examiner under section 15DA(6) of the Act available in accordance with regulation 88, and

• (b) notify each person to whom notification was sent in accordance with paragraph (2) that the document and evidence are available for inspection and of the places and times at which they can be inspected.

• (5) A minerals and waste planning authority must comply with section 15DA(10) of the Act as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15DA(8).

• (6) When a minerals and waste planning authority comply with section 15DA(10) of the Act, the authority must on the same day—

• (a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and

• (b) notify each person to whom notification was sent in accordance with paragraph (2) that the recommendations and reasons of the examiner are available for inspection and of the places and times at which they can be inspected.

Publication of the recommendations and reasons of the examiner: minerals and waste plan document

62

• (1) A minerals and waste planning authority must comply with section 15D(13) of the Act—

• (a) as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15D of the Act, or

• (b) where the Secretary of State gives a direction under section 15H(1) or section 15HA(2)(c)(i) of the Act[^f00072] after the examiner has made a recommendation under section 15D(9), (11) or (12) of the Act, as soon as is reasonably practicable after receipt of that direction.

• (2) When a minerals and waste planning authority comply with section 15D(13) of the Act, the authority must on the same day—

• (a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and

• (b) notify each person who requested to be so notified of the publication of the recommendations and reasons of the examiner.

Withdrawal of a minerals and waste plan document

63

Where a minerals and waste planning authority withdraw a document which was to be or form part of a minerals and waste plan under section 15E of the Act, the authority must as soon as is reasonably practicable after withdrawing it—

• (a) make a statement of that fact available in accordance with regulation 88,

• (b) send, to each person or body who were invited to make representations under regulation 45 (scoping consultation), regulation 48 (consultation on proposed minerals and waste plan document content and evidence) or regulation 52 (consultation on the proposed minerals and waste plan document), notification that the document which was to be or form part of the minerals and waste plan has been withdrawn, and

• (c) cease to make all documents relating to the withdrawn document (other than the statement mentioned in paragraph (a) and the minerals and waste planning authority’s minerals and waste plan timetable) available in accordance with regulation 88.

Adoption of a minerals and waste plan document

64

• (1) As soon as is reasonably practicable after a minerals and waste planning authority adopt a document which is or forms part of a minerals and waste plan under section 15EA of the Act, the authority must—

• (a) make available in accordance with regulation 88—

• (i) the document which is or forms part of the minerals and waste plan, and

• (ii) an adoption statement, and

• (b) send a copy of the adoption statement to each person who requested to be notified of the adoption of the document which is or forms part of the minerals and waste plan.

• (2) In this regulation, “adoption statement” means a statement specifying—

• (a) the date on which a document which is or forms part of the minerals and waste plan was adopted,

• (b) any modifications made to the document which is or forms part of the minerals and waste plan under section 15EA(1) or (2) of the Act,

• (c) details of where the document which is or forms part of the minerals and waste plan is available for inspection and of the places and times at which it can be inspected,

• (d) the date by which the minerals and waste planning authority must begin preparation of one or more new minerals and waste plan documents to replace an existing document which is or forms part of the minerals and waste plan in accordance with regulation 43,

• (e) that a person aggrieved by the document which is or forms part of the minerals and waste plan may make an application to the High Court under section 113 of the Act, and

• (f) the grounds on which, and the period within which, such an application may be made.

Revocation of a minerals and waste plan document

65

Where a document which is or forms part of a minerals and waste plan is revoked under section 15G of the Act[^f00073], the minerals and waste planning authority must as soon as is reasonably practicable after the revocation occurs—

• (a) make a statement of that fact available in accordance with regulation 88,

• (b) take such other steps as they consider necessary to draw the revocation of the document which is or forms part of the minerals and waste plan to the attention of persons living or working in their area, and

• (c) cease to make all documents relating to the revoked document (other than the statement mentioned in paragraph (a) and the minerals and waste planning authority’s minerals and waste plan timetable) available in accordance with regulation 88.

Revision of a minerals and waste plan document

66

These Regulations apply in relation to a revision of a minerals and waste plan document under section 15GA of the Act[^f00074] as they apply in relation to a minerals and waste plan document.

Part 6 — SUPPLEMENTARY PLANS

Interpretation of Part 6

67

In this Part—

• “Mayoral general consultation bodies” means the following— voluntary bodies, some or all of whose activities benefit all or part of Greater London[^f00075]; bodies which represent the interests of persons in Greater London who share a protected characteristic under the Equality Act 2010[^f00076]; bodies which represent the interests of persons carrying on business in Greater London;

• “Mayoral specific consultation bodies” means the following— Active Travel England[^f00077]; 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 Greater London; Canal & River Trust[^f00078]; the Civil Aviation Authority[^f00079]; the Coal Authority[^f00080]; a combined authority established under section 103 (1) of the Local Democracy, Economic Development and Construction Act 2009 any part of whose area is in or adjoins Greater London; a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023 any part of whose area is in or adjoins Greater London; the English Sports Council[^f00081]; the Environment Agency[^f00082]; the Forestry Commission[^f00083]; a highway authority within the meaning of section 1 of the Highways Act 1980 any part of whose area is in or adjoins Greater London (including the Secretary of State, where the Secretary of State is the highways authority); the Historic Buildings and Monuments Commission for England[^f00084]; the Homes and Communities Agency[^f00085]; if it exercises functions in Greater London— an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006, 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 appointed under section 6 (1) of the Water Industry Act 1991, 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[^f00086] which is in or adjoins Greater London; a local policing body any part of whose area is in or adjoins Greater London; the Marine Management Organisation[^f00087]; Natural England[^f00088]; a neighbourhood forum any part of whose area is in or adjoins Greater London; Network Rail Infrastructure Limited[^f00089]; the Office for Nuclear Regulation[^f00090]; the Office of Rail and Road[^f00091]; a parish council any part of whose area is in or adjoins Greater London; a planning authority any part of whose area adjoins Greater London; Transport for London[^f00092]; where the Mayor of London is not the responsible authority for a local nature recovery strategy that relates to all or part of Greater London, the responsible authority for the local nature recovery strategy appointed under section 105 (2) of the Environment Act 2021; where the persons specified in regulation 70(4)(e) and (f) are not responsible for discharging education functions in their area, the local authority with responsibility for discharging education functions.

Notice of intention to commence supplementary plan preparation

68

• (1) A relevant plan-making authority[^f00093] who are to prepare a supplementary plan must prepare, in connection with the preparation of a supplementary plan, and make available in accordance with regulation 88, a document to be known as their “notice of intention to commence supplementary plan preparation”.

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

• (a) the name of the relevant plan-making authority who have prepared the notice,

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

• (c) the title, if any, by which the relevant plan-making authority will refer to the supplementary plan, and

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

• (3) A notice of intention to commence supplementary plan preparation prepared by a planning authority must set out details of where the authority’s local plan timetable or minerals and waste plan timetable is published.

• (4) Where a planning authority are to prepare a joint supplementary plan, their notice of intention to commence supplementary plan preparation must specify each other authority who are to prepare that joint supplementary plan with them.

Map of proposed supplementary plan policies

69

• (1) A planning authority must prepare, in connection with the preparation of a supplementary plan, a document to be known as their “map of proposed supplementary plan policies”.

• (2) Paragraph (1) does not apply where a local planning authority are preparing, in accordance with section 15CC(3)(d) of the Act, a supplementary plan which only includes requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, which the local planning authority consider should be met for planning permission for the development to be granted.

• (3) The map of proposed supplementary plan policies must include a map of the planning authority’s area which must—

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

• (b) include an explanation of symbols or notations which it uses, and

• (c) visually illustrate the geographical application of policies which relate to part of the planning authority’s area in their proposed supplementary plan.

• (4) For each policy which relates to the whole of the planning authority’s area in their proposed supplementary plan, the map of proposed supplementary plan policies must include text setting out—

• (a) the title of the policy, if any,

• (b) the reference number of the policy, if any, and

• (c) a description of the policy.

Consultation on the proposed supplementary plan

70

• (1) No earlier than on the day after the date on which a planning authority make their notice of intention to commence supplementary plan preparation available under regulation 68(1), the authority must—

• (a) make a notice of proposed supplementary plan consultation available in accordance with regulation 88,

• (b) make the proposed supplementary plan submission documents available in accordance with regulation 88,

• (c) notify each of the persons specified in paragraph (3) that the proposed supplementary plan submission documents and notice of proposed supplementary plan consultation 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 (3) to make representations to the planning authority about the proposed supplementary plan submission documents.

• (2) No earlier than on the day after the date on which the Mayor of London makes their notice of intention to commence supplementary plan preparation available under regulation 68(1), the Mayor must—

• (a) make a notice of proposed supplementary plan consultation available in accordance with regulation 88,

• (b) make the proposed supplementary plan submission documents available in accordance with regulation 88,

• (c) notify each of the persons specified in paragraph (4) that the proposed supplementary plan submission documents and notice of proposed supplementary plan consultation 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 (4) to make representations to the Mayor about the proposed supplementary plan submission documents.

• (3) The persons specified in this paragraph are—

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

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

• (c) such residents or other persons carrying on business in the planning authority’s area from which the authority consider it appropriate to invite representations.

• (4) The persons specified in this paragraph are—

• (a) such of the Mayoral general consultation bodies as the Mayor of London considers appropriate,

• (b) such of the Mayoral specific consultation bodies as the Mayor of London considers may have an interest in the subject of the proposed supplementary plan,

• (c) such residents or other persons carrying on business in Greater London from which the Mayor of London considers it appropriate to invite representations,

• (d) the London Assembly and the functional bodies,

• (e) every London borough council, and

• (f) the Common Council of the City of London.

• (5) Any person may make representations to a relevant plan-making authority about the proposed supplementary plan submission documents.

• (6) Any representations made under this regulation must be received by the relevant plan-making authority by the date specified in the notice of proposed supplementary plan consultation.

• (7) In this regulation—

• “functional body” has the same meaning as in section 424 (1) of the Greater London Authority Act 1999[^f00094];

• “notice of proposed supplementary plan consultation” means a notice specifying— the title, if any, of the relevant plan-making authority’s proposed supplementary plan, the subject matter of the relevant plan-making authority’s proposed supplementary plan, and the geographical area, site or sites to which the plan relates, details of where the proposed supplementary plan submission documents made available in accordance with paragraph (1)(b) or (2)(b) are available for inspection and of the places and times at which they can be inspected, the date on or before which representations about the proposed supplementary plan submission documents must be received by the relevant plan-making 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 supplementary plan submission documents may be made, and that representations about the proposed supplementary plan submission documents may be accompanied by a request to be notified at a specified address when one or more of the following steps occur— the submission of the proposed supplementary plan for independent examination under section 15DB(1) of the Act; the publication of the recommendations and reasons received under section 15DB of the Act, in accordance with section 15DB(13); the making available of the matters specified in regulation 73(2) in accordance with regulation 73(1)(a) (independent examination: supplementary plans); the adoption or approval of the supplementary plan under Part 2 of the Act;

• “proposed supplementary plan submission documents” means the following documents— the relevant plan-making authority’s proposed supplementary plan; where the relevant plan-making authority are a planning authority to whom regulation 69 applies, a map of proposed supplementary plan policies; a document setting out details of the evidence which the relevant plan-making authority has gathered to support the proposed supplementary plan, including evidence that the authority has complied with regulation 16(b) (requirement to have regard to other national policies and advice contained in guidance); such supporting documents as the relevant plan-making authority consider relevant to the preparation of the proposed supplementary plan.

Conformity with operative spatial development strategy

71

• (1) This regulation applies only to a planning authority where there is an operative spatial development strategy in relation to the area or a site to which their proposed supplementary plan relates.

• (2) When a planning authority comply with regulation 70(1) (consultation on the proposed supplementary plan), the authority must on the same day—

• (a) notify the authority or person who published or adopted the spatial development strategy that the proposed supplementary plan submission documents and notice of proposed supplementary plan consultation are available for inspection and of the places and times at which they can be inspected, and

• (b) invite that authority or person to make representations to the planning authority about whether the proposed supplementary plan is in general conformity with the spatial development strategy by the date specified in the notice of proposed supplementary plan consultation.

Submission of documents and information for independent examination: supplementary plans

72

• (1) The documents prescribed for the purposes of section 15DB(4) of the Act are—

• (a) a map of proposed supplementary plan policies, where the relevant plan-making authority are a planning authority to whom regulation 69 applies,

• (b) a statement to be known as a “supplementary plan compliance statement” setting out—

• (i) where a spatial development strategy is operative in relation to the area or a site to which the proposed supplementary plan relates, how the relevant plan-making authority have prepared the plan to be in general conformity with that strategy, in accordance with section 15CC(7) of the Act,

• (ii) how the relevant plan-making authority have had regard to the matters set out in section 15CC(8) of the Act and regulation 16,

• (iii) how the relevant plan-making authority have complied with section 15CC(9) of the Act,

• (iv) how the relevant plan-making authority have complied with regulations 68 (notice of intention to commence supplementary plan preparation) and 70 (consultation on the proposed supplementary plan),

• (v) where the proposed supplementary plan has been prepared under section 15CC(3)(a) or (b) or (5)(a) or (b) of the Act and relates to two or more specific sites in the relevant plan-making authority’s area, how the authority consider those sites to be nearby to each other,

• (c) a statement to be known as a “supplementary plan consultation statement” setting out—

• (i) a summary of the consultation and engagement activities carried out by the relevant plan-making authority in preparing their proposed supplementary plan,

• (ii) where the relevant plan-making authority is a planning authority, the general consultation bodies and specific consultation bodies who were invited to make representations under regulation 70(1)(d) (consultation on the proposed supplementary plan),

• (iii) where the relevant plan-making authority is the Mayor of London, the Mayoral general consultation bodies and the Mayoral specific consultation bodies who were invited to make representations under regulation 70(2)(d) (consultation on the proposed supplementary plan),

• (iv) where the relevant plan-making authority carried out a consultation in connection with the proposed supplementary plan in addition to when they were required to do so under regulation 70 (consultation on the proposed supplementary plan), the persons who were invited to make representations as part of that consultation,

• (v) the manner by which the persons specified in paragraph (ii) or (iii), and (as the case may be) (iv), were asked to make any representations,

• (vi) a summary of the main issues raised in representations made in response to each consultation held in connection with the proposed supplementary plan, and

• (vii) how those main issues have been addressed in the proposed supplementary plan,

• (d) where the relevant plan-making authority is a planning authority to whom regulation 71 (conformity with operative spatial development management strategy) applies and representations were made under that regulation, copies of those representations, and

• (e) such supporting documents as the relevant plan-making authority consider relevant to the preparation of the supplementary plan.

• (2) As soon as is reasonably practicable after a relevant plan-making authority submit a supplementary plan for independent examination under section 15DB(1) of the Act, the authority must—

• (a) publish on their website a statement confirming the date on which the supplementary plan was submitted for independent examination,

• (b) make available in accordance with regulation 88—

• (i) a copy of the proposed supplementary plan,

• (ii) a copy of each of the documents referred to in paragraph (1) of this regulation, and

• (iii) a statement of the fact that the documents referred to in paragraphs (i) and (ii) are available for inspection and of the places and times at which they can be inspected, and

• (c) notify each person who requested to be notified of the submission of the supplementary plan for independent examination under section 15DB of the Act that—

• (i) the proposed supplementary plan has been submitted for independent examination, and

• (ii) the documents referred to in sub-paragraph (b)(i) and (ii) are available for inspection and of the places and times at which they can be inspected.

Independent examination: supplementary plans

73

• (1) After a relevant plan-making authority submit a supplementary plan for independent examination under section 15DB(1) of the Act, the authority must—

• (a) make the matters specified in paragraph (2) available in accordance with regulation 88, and

• (b) notify each person who requested to be notified of the making available of the matters specified in paragraph (2) that those matters are available for inspection and of the places and times at which they can be inspected.

• (2) The matters specified in this paragraph are—

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

• (b) the name of the examiner.

• (3) Where the examiner causes a hearing to be held for the purposes of receiving oral representations in accordance with section 15DB(7) of the Act, the relevant plan-making authority must, no later than six weeks before the date on which the hearing is to be opened—

• (a) make available in accordance with regulation 88 the date, time and place at which the hearing is to be held, and

• (b) notify each person to whom notification must be sent in accordance with paragraph (1) that those matters are available for inspection and of the places and times at which they can be inspected.

Publication of the recommendations and reasons of the examiner: supplementary plans

74

• (1) A relevant plan-making authority must comply with section 15DB(13) of the Act—

• (a) as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15DB of the Act, or

• (b) where the Secretary of State gives a direction under section 15H(2) or section 15HA(2)(c)(i) of the Act after the examiner has made a recommendation under section 15DB(9), (11) or (12) of the Act, as soon as is reasonably practicable after receipt of the direction.

• (2) When a relevant plan-making authority comply with section 15DB(13) of the Act, the authority must on the same day—

• (a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and

• (b) notify each person who requested to be so notified of the publication of the recommendations and reasons.

Withdrawal of a supplementary plan

75

• (1) A relevant plan-making authority may withdraw a supplementary plan at any time before it is adopted under section 15EA of the Act.

• (2) Where a relevant plan-making authority withdraw a supplementary plan under paragraph (1), the authority must as soon as is reasonably practicable after withdrawing it—

• (a) make a statement of that fact available in accordance with regulation 88,

• (b) send, to each person or body who were invited to make representations under regulation 70 (consultation on the proposed supplementary plan), notification that the supplementary plan has been withdrawn, and

• (c) cease to make all documents relating to the withdrawn supplementary plan (other than the statement mentioned in sub-paragraph (a)) available in accordance with regulation 88.

Adoption of a supplementary plan

76

• (1) As soon as is reasonably practicable after a relevant plan-making authority adopt a supplementary plan under section 15EA of the Act, the authority must—

• (a) make available in accordance with regulation 88—

• (i) the supplementary plan, and

• (ii) an adoption statement, and

• (b) send a copy of the adoption statement to each person who requested to be notified of the adoption of the supplementary plan.

• (2) In this regulation, “adoption statement” means a statement specifying—

• (a) the date on which the supplementary plan was adopted,

• (b) any modifications made to the supplementary plan under section 15EA(3) or (4) of the Act,

• (c) details of where the supplementary plan is available for inspection and of the places and times at which it can be inspected,

• (d) that a person aggrieved by the supplementary plan may make an application to the High Court under section 113 of the Act, and

• (e) the grounds on which, and the period within which, such an application may be made.

Revocation of a supplementary plan

77

• (1) A planning authority may revoke a supplementary plan adopted by them under section 15EA of the Act where that plan has been (in substance) superseded by any other part of the development plan for the authority’s area which has effect and relates to the geographical area, site or sites to which the supplementary plan relates.

• (2) A relevant authority may revoke a joint supplementary plan adopted by them under section 15EA of the Act to the extent that the plan relates to the authority’s area or one or more sites in their area where that plan has been (in substance) superseded by any other part of the development plan for the authority’s area which has effect and relates to the geographical area, site or sites to which the supplementary plan relates.

• (3) The Mayor of London may revoke a supplementary plan adopted by them under section 15EA of the Act.

• (4) Where a supplementary plan is revoked under section 15G(2)(b) of the Act or this regulation, the relevant plan-making authority must as soon as is reasonably practicable after the revocation occurs—

• (a) make a statement of that fact available in accordance with regulation 88,

• (b) cease to make all documents relating to the revoked supplementary plan (other than the statement mentioned in sub-paragraph (a)) available in accordance with regulation 88, and

• (c) take such other steps as the authority consider necessary to draw the revocation of the supplementary plan to the attention of persons living or working in their area.

• (5) Where a joint supplementary plan is revoked under section 15G(3)(b) of the Act[^f00095] so far as it relates to the area of one of the relevant authorities or one or more specific sites in their area, the planning authority in relation to whose area the plan has been revoked must as soon as is reasonably practicable after the revocation occurs—

• (a) make a statement of that fact available in accordance with regulation 88,

• (b) cease to make all documents relating to the revoked joint supplementary plan (other than the statement mentioned in sub-paragraph (a)) available in accordance with regulation 88, and

• (c) take such other steps as the authority consider necessary to draw the revocation of the joint supplementary plan, so far as it relates to their area or one or more specific sites in their area, to the attention of persons living or working in their area.

• (6) Where a supplementary plan adopted by the Mayor of London is revoked under section 15G(2)(b) of the Act or paragraph (3), the Mayor of London must notify each London borough council that the plan has been revoked as soon as is reasonably practicable after the revocation occurs.

Revision of a supplementary plan

78

• (1) A relevant plan-making authority may prepare a revision of a supplementary plan at any time after it has come into effect.

• (2) If, within a review period, a planning authority—

• (a) consider that a revision is required to bring a supplementary plan up to date, or

• (b) consider that a supplementary plan has been (in substance) superseded by another part of the development plan which has effect for the area or a site to which the supplementary plan relates and has decided not to revoke the supplementary plan under regulation 77(1),

the planning authority must begin to prepare a revision of the supplementary plan within the review period in question.

• (3) For the purposes of paragraph (2), the “review period” is the period of five years beginning with the date on which the supplementary plan was first adopted or approved under Part 2 of the Act, and thereafter each subsequent period of five years.

• (4) For the purposes of paragraph (2), a planning authority has begun preparation of a revision of a supplementary plan once they have complied with regulation 68 (notice of intention to commence supplementary plan preparation) in relation to the revision of that plan.

• (5) Paragraph (6) applies if any part of the area or a site to which a supplementary plan relates is an area to which an enterprise zone scheme relates.

• (6) As soon as practicable after the occurrence of a relevant event—

• (a) the relevant plan-making authority must consider whether their supplementary plan should be changed in light of the enterprise zone scheme;

• (b) if they think that any changes to their supplementary plan are required in consequence of the scheme they must prepare a revision to their supplementary plan to give effect to the changes.

• (7) In this regulation—

• “enterprise zone” and “enterprise zone scheme” must be construed in accordance with the Local Government, Planning and Land Act 1980[^f00096];

• “relevant event” means— the making of an order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone)[^f00097]; the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).

• (8) Part 2 of the Act and these Regulations apply in relation to a revision under this regulation as they apply in relation to a supplementary plan.

Part 7 — JOINT PLANS

Joint local plans and minerals and waste plan documents: corresponding plans

79

• (1) The period prescribed for the purposes of section 15IB(4) of the Act[^f00098] is three months beginning with—

• (a) in relation to a joint local plan agreement[^f00099], the day on which a local planning authority who is a party to the agreement withdraw from it;

• (b) in relation to a joint minerals and waste plan document agreement, the day on which a minerals and waste planning authority who is a party to the agreement withdraw from it;

• (c) in relation to a joint local plan direction[^f00100] or a joint minerals and waste plan document direction, the day on which the direction is withdrawn or modified by the Secretary of State under section 15IB(1)(b) or (c) of the Act[^f00101].

• (2) For the purposes of section 15IB of the Act, a “corresponding local plan or minerals and waste plan document” is a local plan prepared by a local planning authority or a minerals and waste plan document prepared by a minerals and waste planning authority which—

• (a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint local plan or original joint minerals and waste plan document related, and

• (b) has substantially the same effect as the original joint local plan or original joint minerals and waste plan document, for the area of the local planning authority or the minerals and waste planning authority who prepared it.

• (3) For the purposes of section 15IB of the Act, a “corresponding joint local plan or minerals and waste plan document” is a local plan prepared jointly by two or more local planning authorities or a minerals and waste plan document prepared jointly by two or more minerals and waste planning authorities which—

• (a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint local plan or original joint minerals and waste document plan related, and

• (b) has substantially the same effect as the original joint local plan or original joint minerals and waste plan document, for the areas of the local planning authorities or minerals and waste planning authorities who prepared it.

• (4) In this regulation—

• “joint minerals and waste plan document agreement” means an agreement between two or more minerals and waste planning authorities to prepare a joint minerals and waste plan document under section 15I(2) of the Act[^f00102];

• “joint minerals and waste plan document direction” means a direction given by the Secretary of State under section 15I(3) of the Act to two or more minerals and waste planning authorities to prepare a joint minerals and waste plan document;

• “original joint local plan” means a joint local plan prepared in accordance with the joint local plan agreement mentioned in paragraph (1)(a) or the joint local plan direction mentioned in paragraph (1)(c);

• “original joint minerals and waste plan document” means a joint minerals and waste plan document prepared in accordance with the joint minerals and waste plan document agreement mentioned in paragraph (1)(b) or the joint minerals and waste plan document direction mentioned in paragraph (1)(c).

• (5) In this regulation, references to the area of a minerals and waste planning authority are to be read as references to the authority’s relevant area.

Joint supplementary plans: corresponding plans

80

• (1) The period prescribed for the purposes of section 15IC(10) of the Act is three months beginning with—

• (a) in relation to an agreement mentioned in section 15IC(1), the day on which a local planning authority who is a party to the agreement withdraw from it;

• (b) in relation to an agreement mentioned in section 15IC(2), the day on which a minerals and waste planning authority who is a party to the agreement withdraw from it.

• (2) For the purposes of section 15IC of the Act, a “corresponding supplementary plan” is a supplementary plan which—

• (a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint supplementary plan related, and

• (b) has substantially the same effect as the original joint supplementary plan, for any part of the area or at one or more specific sites in the area of the local planning authority or minerals and waste planning authority who prepared it.

• (3) For the purposes of section 15IC of the Act, a “corresponding joint supplementary plan” is a supplementary plan prepared jointly by two or more local planning authorities or two or more minerals and waste planning authorities which—

• (a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint supplementary plan related, and

• (b) has substantially the same effect as the original joint supplementary plan, for any part of the areas or at one or more specific sites in the areas of the local planning authorities or minerals and waste planning authorities who prepared it.

• (4) In this regulation, “original joint supplementary plan” means a joint supplementary plan prepared in accordance with the agreement mentioned in paragraph (1)(a) or (b).

Joint committees: corresponding plans and corresponding timetable

81

• (1) The period prescribed for the purposes of section 15JB(6) of the Act is three months starting with the day on which, under section 15JB(2) of the Act, the Secretary of State revokes the regulations made under section 15J of the Act.

• (2) For the purposes of section 15JB of the Act—

• (a) a “corresponding plan”, in relation to a local plan, is a local plan which—

• (i) does not relate to any part of the area of the constituent authority[^f00103] who requested the revocation of the regulations made under section 15J of the Act, and

• (ii) has substantially the same effect as the original local plan, for the area of the successor authority;

• (b) a “corresponding plan”, in relation to a supplementary plan, is a supplementary plan which—

• (i) does not relate to any part of the area of the constituent authority who requested the revocation of the regulations made under section 15J of the Act, and

• (ii) has substantially the same effect as the original supplementary plan, for any part of the area or at one or more specific sites in the area of the successor authority;

• (c) a “corresponding timetable” is a local plan timetable of a successor authority which relates to a corresponding plan but does not relate to the original local plan or supplementary plan.

• (3) But paragraph (2)(a)(i) and (b)(i) does not apply where the constituent authority who requested the revocation of the regulations made under section 15J of the Act is a county council for which there is also a district council.

• (4) In this regulation—

• “original local plan or supplementary plan” means a local plan or supplementary plan prepared by the joint committee constituted by the regulations made under section 15J of the Act;

• “successor authority” has the same meaning as in section 15JB(4) of the Act.

Joint local plans: application of these Regulations

82