UKPGA-2004-5 Planning and Compulsory Purchase Act 2004 UK

This Part requires strategic planning authorities to prepare a document, conforming to section 12D, known as a “spatial development strategy”.

In this Part “strategic planning authority” means—

But a principal authority that is a constituent authority of a strategic planning board is not a strategic planning authority for the purposes of this Part.

Where there is a mayor for the area of a combined authority or combined county authority, the functions of the authority under this Part as a strategic planning authority are functions of the authority exercisable only by the mayor on behalf of the authority.

In this Part “strategy area”, in relation to a spatial development strategy, means—

Any function of a strategic planning authority exercisable by or under this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies—

For provision about the spatial development strategy for London, see (in particular) sections 334 to 343 of the Greater London Authority Act 1999.

In this Part “principal authority” means a body specified in any of paragraphs (b) to (e) of subsection (2).

This section applies where the Secretary of State considers that it is desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities.

Subject to subsection (4), the Secretary of State may by regulations establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”).

Such a committee is to be known as a “strategic planning board”.

The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations—

Where the Secretary of State is considering whether to, or has decided to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies.

Strategic planning board regulations that establish a strategic planning board must specify—

Strategic planning board regulations may make provision about—

Provision of the kind mentioned in subsection (2)(c) may include provision—

For the purposes of subsection (3)(b) a local authority is any of the following—

If strategic planning board regulations establishing a strategic planning board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution.

The Secretary of State’s power to make strategic planning board regulations that amend or revoke other strategic planning board regulations—

The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations.

In this section “strategic planning board regulations” means regulations under section 12B(2).

A spatial development strategy must include a statement of the strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area.

A spatial development strategy must include a reasoned justification for the policies referred to in subsection (1).

A spatial development strategy must specify the period for which it is to have effect.

A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of—

A spatial development strategy may specify or describe—

For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area.

The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with.

A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed.

A spatial development strategy may make different provision for different cases or for different parts of the strategy area.

A spatial development strategy must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change.

A spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular—

A spatial development strategy must not—

The Secretary of State may prescribe—

In subsection (5) “affordable housing” means—

A strategic planning authority must prepare and maintain a document relating to its spatial development strategy, known as a “spatial development strategy timetable”.

A spatial development strategy timetable must specify—

The Secretary of State may prescribe—

A strategic planning authority must submit its draft spatial development strategy timetable to the Secretary of State within such period as may be prescribed.

The Secretary of State may direct the strategic planning authority to make specified amendments to the draft timetable.

If the Secretary of State has not given such a direction to the strategic planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect.

A strategic planning authority to which a direction under subsection (2) is given—

If a strategic planning authority—the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect.

A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it.

To bring a spatial development strategy timetable into effect, a strategic planning authority must publish it, together with a statement that the timetable has effect.

A strategic planning authority must comply with a spatial development strategy timetable that has effect.

The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect.

Regulations under subsection (9)—

A strategic planning authority must prepare a draft of its spatial development strategy.

In doing so, a strategic planning authority must have regard to—

The Secretary of State must make regulations under subsection (2)(d) which prescribe the desirability of prioritising development on land that has been previously developed.

In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board.

A strategic planning authority that has prepared a draft spatial development strategy must—

The persons referred to in subsection (1)(b) are—

In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—

Where a strategic planning authority—the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.

A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy.

An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7).

Representations must be made—

In subsection (1)—

A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public.

Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”).

The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate.

The following may take part in an examination—

No person is to have a right to be heard at an examination.

On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy.

The report may recommend that specified modifications are made to the draft strategy before it is adopted.

The report may recommend that the draft strategy is withdrawn.

The strategic planning authority must publish the report.

A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination.

Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted).

The strategic planning authority that prepared the draft strategy may withdraw it only if—

The steps taken by a strategic planning authority to withdraw a draft strategy must include—

This section applies where—

The strategic planning authority must—

After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.

The strategic planning authority must inform the Secretary of State of—

If the Secretary of State considers that a submitted spatial development strategy is—the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.

In this section “the relevant period”, in relation to a spatial development strategy, means—

A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section.

A spatial development strategy must not be adopted by a strategic planning authority unless—

A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied.

Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by—

In the case of a non-mayoral combined authority or non-mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority.

In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.

But if—the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority.

In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority—

In the case of a resolution of a mayoral combined authority or mayoral combined county authority—

In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have).

A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted.

A spatial development strategy becomes operative when it is published.

In this section—“constituent member”, in relation to a combined authority or combined county authority—means a person appointed by a constituent council to be a member of the authority; and also includes a person acting as a member of the authority in the absence of such a member; and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority);“relevant member”, in relation to mayoral combined authority or mayoral combined county authority means—a constituent member, or the mayor, and also includes the deputy mayor acting in place of the mayor.

This section applies in relation to an operative spatial development strategy.

A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy.

In exercising functions under subsection (2), a strategic planning authority must—

A strategic planning authority must carry out a review of its spatial development strategy from time to time.

The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy.

A strategic planning authority must—

The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy—

This section applies in relation to an operative spatial development strategy.

A strategic planning authority may at any time prepare alterations of its strategy.

The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction.

The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy.

A spatial development strategy as altered must still conform to section 12D.

Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy.

This section applies in relation to an operative spatial development strategy.

A strategic planning authority may at any time prepare a new spatial development strategy as a replacement.

The Secretary of State may direct a strategic planning authority to replace its spatial development strategy.

The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy.

A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part.

This section applies if the Secretary of State considers that—

The Secretary of State may—

The power of direction under subsection (2)(c) includes power to direct a strategic planning authority—

Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a).

The Secretary of State must publish a document setting out—

The Secretary of State must (or, if an examination of the draft strategy has already been held, may)—

Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State.

The Secretary of State must either—

The Secretary of State may then—

If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received).

If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either—

The spatial development strategy becomes operative when it is published.

Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a).

The Secretary of State must give reasons for—

In the exercise of any function under this section the Secretary of State—

In subsection (15)(b)(ii) “local plan timetable” is to be construed in accordance with section 15B.

This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy.

The Secretary of State may, if the Secretary of State considers it appropriate—

The powers in subsection (2) are exercisable—

The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023).

The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority—

If the Secretary of State approves a spatial development strategy under subsection (2) the Secretary of State must either—

The spatial development strategy becomes operative when it is published.

In making a decision under this section the Secretary of State may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority).

The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy.

Where the strategic planning authority is a strategic planning board, subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable.

If the Secretary of State is considering whether to take action under section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy—

A spatial development strategy to which such a direction relates is not operative while the direction is in force.

A direction given under this section in relation to a strategy ceases to have effect if the Secretary of State—

The Secretary of State may by regulations make supplementary, incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations.

Where, immediately before strategic planning board regulations establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board.

Where a strategic planning board has an operative spatial development strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities.

In this section “strategic planning board regulations” means regulations under section 12B(2).

The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part.

The regulations may (among other things) make provision as to—

Regulations under this Part may make different provision for different areas.

A direction given to a strategic planning authority under this Part may—

A direction under this Part must be given in writing.

A direction under this Part may be varied or revoked by notice in writing to the strategic planning authority to which it was given.

A direction under this Part must be published.

In this Part “spatial development strategy” means, as the context requires—

In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)—

For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised.

In this Part—“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;“constituent authority”, in relation to a strategic planning board, is to be construed in accordance with section 12B;“examination” means an examination in public of a draft spatial development strategy as set out in section 12I, and “examiner” is to be construed accordingly;“mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;“mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;“national development management policy” must be construed in accordance with section 38ZA;“non-mayoral combined authority” means a combined authority that is not a mayoral combined authority;“non-mayoral combined county authority” means a combined county authority that is not a mayoral combined county authority;“principal authority” has the meaning given by section 12A(7);“spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;“spatial development strategy timetable” has the meaning given by section 12E;“strategic planning authority” has the meaning given by section 12A;“strategic planning board” has the meaning given by section 12B;“strategy area” has the meaning given by section 12A(4);“unitary authority” means—a county council for an area that does not include the areas of district councils, or a district council for an area that does not form part of the area of a county council;“upper-tier county council” means a county council for an area that includes the areas of district councils.

In this Part—

The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development.

These matters include—

The matters also include—

The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority.

In exercising a function under subsection (4) a local planning authority must consult with the local planning authority for the neighbouring area in question.

If a neighbouring area is in Wales references to the local planning authority for that area must be construed in accordance with Part 6.

A minerals and waste planning authority must keep under review the matters which may be expected to affect minerals and waste development in the relevant area or the planning of such development.

Subsections (2) to (5) of section 13 apply for the purposes of subsection (1) as they apply for the purposes of that section and—

The Secretary of State may by regulations require or (in a particular case) may direct a county council to keep under review in relation to their area such of the matters mentioned in section 13(1) to (4) as the Secretary of State prescribes or directs (as the case may be).

For the purposes of subsection (3)—

The county council must make available the results of their review under subsection (3) to such persons as the Secretary of State prescribes or directs (as the case may be).

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

The regulations may require the register to be kept in two or more parts. A reference to the register in the following subsections includes a reference to a prescribed part of the register.

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

The regulations may—

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

The regulations may confer power on the Secretary of State to require a local planning authority—In this subsection “specified” means specified by the Secretary of State.

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

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

The local planning authority must prepare and maintain a scheme to be known as their local development scheme.

The scheme must specify—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may—

The Secretary of State or the Mayor of London may direct the local planning authority to make such amendments to the scheme as he thinks appropriate for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area.

The Mayor of London—

A direction under subsection(3A) or(4) must contain the Secretary of State’s, or (as the case may be) the Mayor of London's, reasons for giving it.

The local planning authority must comply with a direction given under subsection(3A) or(4). In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E).

If at any time the Mayor of London gives a direction under subsection(3A) or(4)—

The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

Such a direction must contain the Secretary of State's reasons for giving it.

If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

The local planning authority must comply with any direction given by the Secretary of State under subsection (6B).

To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect.

The local planning authority must revise their local development scheme—

The Mayor of London—

A direction may be given under subsection (8)(b) only if—

the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area.

the Secretary of State has published data standards under section 36(3) which apply to the local development scheme and the person giving the direction thinks that the scheme should be revised so that it complies with the standards.

If at any time the Mayor of London gives a direction under subsection (8)(b)—

The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London.

Such a direction must contain the Secretary of State's reasons for giving it.

If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).

Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.

The local planning authority must make the following available to the public—

Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.

A county council in respect of any part of their area for which there is a district council must prepare and maintain a scheme to be known as their minerals and waste development scheme.

Section 15 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals and waste development scheme as it applies in relation to a local development scheme.

This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose—

But subsection (3) does not apply to—

Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).

Each local planning authority must prepare and maintain a document to be known as their “local plan timetable”.

The local plan timetable must specify—

If the local planning authority’s local plan for their area is to be a joint local plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the local plan timetable in accordance with subsection (2)(i), must be consistent with the timetable for that plan in the local plan timetable prepared by each other local planning authority who are to prepare that plan.

If the local planning authority are a minerals and waste planning authority, the local plan timetable may incorporate the authority’s minerals and waste plan timetable.

The Secretary of State may prescribe—

If a local planning authority have not prepared a local plan timetable, the Secretary of State or the Mayor of London may—

The Secretary of State or the Mayor of London may direct the local planning authority to make such amendments to the local plan timetable as the Secretary of State or (as the case may be) Mayor thinks appropriate for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority’s area by the development plan for that area.

To bring the local plan timetable into effect, the local planning authority must publish it, together with a statement that the timetable is to have effect.

Once the local plan timetable has effect, the local planning authority must comply with it.

The Secretary of State may by regulations make provision as to when, or the circumstances in which, a local planning authority must revise their local plan timetable (and that provision may confer a power to direct that a local plan timetable is to be revised).

Subsections (1) to (9) and section 15BA apply to the revision of a local plan timetable as they apply to the preparation of a local plan timetable.

For further provision about directions under subsection (6) or (7), see section 15BA.

The Mayor of London—

A direction under section 15B(6) or (7) must contain the Secretary of State’s, or (as the case may be) the Mayor of London’s, reasons for giving it.

If at any time the Mayor of London gives a direction under section 15B(6) or (7)—

The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

Such a direction must contain the Secretary of State’s reasons for giving it.

If at any time the Secretary of State gives a direction under subsection (4), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London’s functions under section 15B(6) or (7) of giving a direction.

Each minerals and waste planning authority must prepare and maintain a document to be known as their “minerals and waste plan timetable”.

The minerals and waste plan timetable must specify—

If the minerals and waste plan for the relevant area is to be a joint minerals and waste plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the minerals and waste plan timetable in accordance with subsection (2)(g), must be consistent with the timetable for that plan in the minerals and waste plan timetable prepared by each other minerals and waste planning authority who are to prepare that plan.

Sections 15B(5) to (12), 15BA and 15LE apply in relation to a minerals and waste plan timetable as they apply in relation to a local plan timetable and for that purpose—

In this section “joint minerals and waste plan” means a minerals and waste plan prepared jointly by two or more minerals and waste planning authorities for their combined relevant areas under sections 15I and 15IA (as applied by section 15CB(8)).

Each local planning authority must prepare a document to be known as their “local plan”.

Only one local plan may have effect in relation to a local planning authority’s area at any one time.

The local plan must set out policies of the local planning authority (however expressed) in relation to the amount, type and location of, and timetable for, development in the local planning authority’s area.

The local plan may include—

The Secretary of State may prescribe further matters which the local plan may, or must, deal with.

The local plan must be designed to secure that the use and development of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change.

The local plan must take account of any local nature recovery strategy that relates to all or part of the local planning authority’s area, including in particular—

The local plan must take account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed.

The local plan must not—

References in this section to development do not include minerals and waste development, but where the local planning authority is the minerals and waste planning authority for any part of their area, their local plan may incorporate all or part of their minerals and waste plan.

A local plan must be prepared in accordance with the local planning authority’s local plan timetable.

A local plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area of the local planning authority.

The local planning authority must, at such times as may be prescribed, seek observations or advice in relation to a proposed local plan, from a person appointed by the Secretary of State.

The Secretary of State may require the local planning authority to—

The local planning authority must, as soon as is reasonably practicable, publish any observations or advice they receive from a person appointed by the Secretary of State under subsection (3).

In preparing their local plan, a local planning authority must have regard to—

A local plan has effect only in so far as it or any part of it is adopted or approved under this Part.

Regulations made by the Secretary of State may—

Each minerals and waste planning authority must, in respect of their relevant area, prepare one or more documents which are to be known collectively as their “minerals and waste plan”.

The minerals and waste plan must set out policies of the minerals and waste planning authority (however expressed) in relation to the amount, type and location of, and timetable for, minerals and waste development, in the relevant area.

The minerals and waste plan may include—

The Secretary of State may prescribe further matters relating to minerals and waste development which the minerals and waste plan may, or must, deal with.

The minerals and waste plan must be designed to secure that minerals and waste development in the relevant area contributes to the mitigation of, and adaptation to, climate change.

The minerals and waste plan must take account of any local nature recovery strategy that relates to all or part of the relevant area, including in particular—

The minerals and waste plan must not—

This Part applies in relation to a minerals and waste plan as it applies in relation to a local plan and for that purpose—

Subsection (8) is subject to such modifications of this Part, as it applies in relation to a minerals and waste plan, as may be prescribed.

Subsection (8) does not apply to—

Each relevant plan-making authority may prepare one or more documents, each of which is to be known as a “supplementary plan”.

A supplementary plan prepared by the Mayor of London may include requirements with respect to design that relate to development, or development of a particular description, throughout Greater London, which the Mayor considers should be met for planning permission for the development to be granted.

A supplementary plan prepared by a local planning authority may include—

References in subsection (3) to development do not include minerals and waste development.

A supplementary plan prepared by a minerals and waste planning authority may include—

The Secretary of State may prescribe further matters which a supplementary plan may include.

A supplementary plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area or a site to which the plan relates.

In preparing a supplementary plan, the relevant plan-making authority must have regard to any other part of the development plan which has effect for the area or a site to which the plan relates.

So far as the relevant plan-making authority consider appropriate, having regard to the subject matter of the supplementary plan, the plan must—

A supplementary plan must not—

The Secretary of State may by regulations make provision about the preparation, withdrawal or revision of supplementary plans.

Regulations under subsection (11)—

A supplementary plan has effect only in so far as it or any part of it is adopted or approved under this Part.

A local planning authority must submit their proposed local plan to the Secretary of State for independent examination if a person appointed by the Secretary of State under section 15CA(3) advises that the prescribed requirements are met in relation to the plan.

The authority must also send or make available to the Secretary of State (in addition to the local plan) such other documents (or copies of documents) and such information as is prescribed.

The Secretary of State may prescribe the manner in which the local plan, or any document or information to be sent under subsection (2), is to be sent.

The examination must be carried out by a person appointed by the Secretary of State (“the examiner”).

The purpose of the independent examination is to determine whether it is reasonable to conclude that the local plan is sound.

Any person who makes representations in relation to the local plan must (if that person so requests) be given the opportunity to appear before and be heard by the examiner.

At any time before the examiner makes a recommendation under any of the following subsections, if the examiner considers that—the examiner may decide that the examination is to be so paused.

The Secretary of State may by notice to the examiner—In this subsection “specified” means specified in the notice.

Where the examiner—the examiner must recommend that the local plan is adopted and give reasons for the recommendation.

Subsections (11) and (12) apply where the examiner—

If the examiner considers that, if certain modifications were made to the local plan, it would become reasonable to conclude that the plan is sound, the examiner must—

If the examiner is not required by subsection (11) to recommend that the local plan is adopted with modifications and the examination is not paused or to be paused under section 15DA, the examiner must—

The local planning authority must publish the recommendations and reasons they receive under this section.

This section applies if the examiner decides under section 15D(7) that the examination under that section is to be paused under this section for further work to be carried out.

The examiner must notify the local planning authority and the Secretary of State—

The pause period may not—

The examination under section 15D is suspended at the beginning of the pause period.

During the pause period, the local planning authority must take steps to deal with the matters notified to them under subsection (2)(b).

Before the end of the pause period, the local planning authority must send to the examiner—

The local planning authority must publish the document and any evidence sent under subsection (6).

If the examiner considers, at the end of the pause period, that the matters notified to the local planning authority under subsection (2)(b) have not been dealt with, with the result that there is no prospect of it becoming reasonable to conclude that the local plan is sound, the examiner must—

If the examiner does not make a recommendation under subsection (8), the examination under section 15D is resumed.

The local planning authority must publish any recommendation and reasons they receive under this section.

A relevant plan-making authority must submit each supplementary plan that they propose to adopt for independent examination.

The supplementary plan must be submitted to—

In the following provisions of this section, the person appointed by the Secretary of State under paragraph (a) of subsection (2), or (as the case may be) the person to whom the supplementary plan is submitted under paragraph (b) of that subsection, is “the examiner”.

The authority must also send or make available to the examiner (in addition to the supplementary plan) such other documents (or copies of documents) and such information as is prescribed.

The purpose of the independent examination is to determine in respect of the supplementary plan—

The general rule is that the independent examination is to take the form of written representations.

But the examiner must cause a hearing to be held for the purposes of receiving oral representations in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of an issue or that a person has a fair chance to put a case.

If a hearing is held under subsection (7), any person who makes representations about the matters mentioned in subsection (5) must (if that person so requests) be given the opportunity to appear before and be heard by the examiner

Where the examiner considers that, in all the circumstances, it would be reasonable to conclude—the examiner must recommend that the supplementary plan is adopted and give reasons for the recommendation.

Subsections (11) and (12) apply where the examiner—

If the examiner considers that—the examiner must recommend that those modifications are made and that the plan is then adopted and give reasons for the recommendation.

Where the examiner has carried out the examination and is not required by subsection (11) to recommend that the supplementary plan is adopted with modifications, the examiner must—

The relevant plan-making authority must publish the recommendations and reasons they receive under this section.

A local planning authority may, at any time before they are required to submit a local plan for independent examination under section 15D, withdraw the plan.

After a local plan has been submitted for independent examination, the local planning authority may only withdraw the plan—

The Secretary of State may at any time—direct the local planning authority to withdraw the plan.

Where the person appointed to carry out the independent examination of a local plan recommends that the plan as originally prepared is adopted, the local planning authority may adopt it—

Where the person appointed to carry out the independent examination of a local plan recommends that the plan is adopted with modifications, the local planning authority may adopt it—

Where the person appointed to carry out the independent examination of a supplementary plan recommends that the plan as originally prepared is adopted, the relevant plan-making authority may adopt it—

Where the person appointed to carry out the independent examination of a supplementary plan recommends that the plan is adopted with modifications, the relevant plan-making authority may adopt it—

An authority must not adopt a local plan or supplementary plan unless they do so in accordance with subsection (1), (2), (3) or (4).

A plan is adopted by a local planning authority, or a minerals and waste planning authority, if it is adopted by a resolution of the authority.

The Mayor of London adopts a supplementary plan by publishing it, together with a statement that the plan is to have effect.

A local planning authority must ensure that, for every part of their area, the development plan includes requirements with respect to design that relate to development, or development of a particular description, which the authority consider should be met for planning permission for the development to be granted.

Subsection (1) does not require the local planning authority to ensure—

A local plan is revoked upon a new local plan for the local planning authority’s area being adopted or approved under this Part.

The Secretary of State—

A local planning authority may, at any time after their local plan has come into effect, prepare a revision of it.

If the Secretary of State directs them to do so after the local plan comes into effect, a local planning authority must prepare a revision of the local plan, in accordance with such timetable as the Secretary of State directs.

Subsection (4) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.

As soon as practicable after the occurrence of a relevant event—

The following are relevant events—

References to an enterprise zone and an enterprise zone scheme must be construed in accordance with that Act.

This Part applies in relation to a revision under this section as it applies in relation to a local plan, subject to such modifications as may be prescribed.

At any time before a proposed local plan is adopted by a local planning authority, the Secretary of State may direct the local planning authority to submit the plan (or any part of it) to the Secretary of State for approval.

At any time before a proposed supplementary plan is adopted by a relevant plan-making authority, the Secretary of State may direct the relevant plan-making authority to submit the plan (or any part of it) to the Secretary of State for approval.

Where the Secretary of State gives a direction under subsection (1) or (2)—

Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (3)(b).

In the case of an examination of a supplementary plan held under subsection (3)(b)—

The Secretary of State must publish the recommendations made to the Secretary of State by virtue of subsection (3)(c) and the reasons of the person making the recommendations.

In relation to a plan or part of a plan submitted under subsection (1) or (2), the Secretary of State—

In the exercise of any function under this section the Secretary of State—

This section applies if the Secretary of State thinks that—

The Secretary of State may—

The Secretary of State may appoint a person (a “local plan commissioner”) to—

Subsections (5) to (10) apply if preparation of the plan is taken over under subsection (2)(a) or (3)(b).

The Secretary of State or (as the case may be) the local plan commissioner must publish a document setting out—

The Secretary of State must—

Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (6)(a), reading references to the local planning authority as references to the Secretary of State or (as the case may be) the local plan commissioner.

In the case of an examination of a supplementary plan held under subsection (6)(a)—

The Secretary of State must either—

The Secretary of State or local plan commissioner may then—

Subsections (5) to (10) (and the provisions applied by them) apply in relation to a revision to a plan under subsection (2)(b) or (3)(b) as they apply to a plan prepared under subsection (2)(a) or (3)(b).

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

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

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

In this section “relevant authority”—

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

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

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

The Secretary of State may require the relevant authority to—

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

In subsection (1) “relevant authority” means—

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

A plan to which a direction under this section relates has no effect while the direction is in force.

A direction given under this section in relation to a plan ceases to have effect if—

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

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

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

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

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

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

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

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

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

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

This section applies in a case where—

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

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

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

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

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

This section applies if—

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

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

If, before the end of the period prescribed for the purposes of this subsection, a relevant authority request the Secretary of State to do so, the Secretary of State may direct that—

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

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

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

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

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

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

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

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

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

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

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

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

If, before the end of the period prescribed for the purposes of this subsection, any of the relevant authorities request the Secretary of State to do so, the Secretary of State may direct that—

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

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

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

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

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

Such regulations—

Regulations under subsection (3)(b) may include provision—

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

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

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

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

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

Subsection (11) applies to any function—

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

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

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

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

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

The Secretary of State may revoke the regulations.

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

A successor authority is—

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

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

The Secretary of State may by regulations make provision as to what is a corresponding timetable or plan.

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

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

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

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

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

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

Information is within this subsection if it relates to—

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

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

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

The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part.

The regulations may, in particular, include provision as to—

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

Regulations under this Part may make different provision for different areas.

This section applies for the purposes of this Part.

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

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

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

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

In subsection (5)—“development corporation” means an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation;“relevant order”—in relation to an urban development corporation, means an order under section 149(1A) of the Local Government, Planning and Land Act 1980; in relation to a development corporation established under the New Towns Act 1981, means an order under section 7A(2)(b) of that Act; in relation to a Mayoral development corporation, means an order under section 198(2) of the Localism Act 2011.

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

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

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

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

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

This section has effect for the purposes of this Part.

Subject to subsection (3)—

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

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

In subsection (4)—“development corporation” means an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation;“relevant order”—in relation to an urban development corporation, means an order under section 149(2A) of the Local Government, Planning and Land Act 1980; in relation to a development corporation established under the New Towns Act 1981, means an order under section 7A(6) of that Act; in relation to a Mayoral development corporation, means an order under section 198(2) of the Localism Act 2011.

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

This section has effect for the purposes of this Part.

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

In this Part (unless a contrary intention appears)—“affordable housing” means—social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and any other description of housing that may be prescribed;“constituent authority”, in relation to a joint committee, must be construed in accordance with section 15J(3);“joint local plan” must be construed in accordance with section 15I(1);“joint local plan agreement” must be construed in accordance with section 15I(2);“joint local plan direction” must be construed in accordance with section 15I(3);“joint spatial development strategy” means a strategy adopted by local planning authorities under section 15AD or, as the context requires, a strategy in preparation further to an agreement under section 15A(1);“joint supplementary plan” must be construed in accordance with section 15IC;“local nature recovery strategy” means a local nature recovery strategy under section 104 of the Environment Act 2021;“local plan” must be construed in accordance with section 15C;“local plan timetable” must be construed in accordance with section 15B;“local planning authority” must be construed in accordance with section 15LF;“minerals and waste development” means development which is a county matter within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i) of that paragraph);“minerals and waste plan” must be construed in accordance with section 15CB;“minerals and waste plan timetable” must be construed in accordance with section 15BB;“minerals and waste planning authority” must be construed in accordance with section 15LG;“neighbourhood priorities statement” must be construed in accordance with section 15K;“relevant area” must be construed in accordance with section 15LG;“relevant plan-making authority” must be construed in accordance with subsection (2);“spatial development strategy” means (except in the context of more specific expressions)—the spatial development strategy for London, a spatial development strategy adopted by a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or a joint spatial development strategy;“spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;“supplementary plan” must be construed in accordance with section 15CC.

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The local planning authority's local development documents must (taken as a whole) set out the authority’s policies (however expressed) relating to the development and use of land in their area.

In the case of the documents which are included in a minerals and waste development scheme they must also (taken as a whole) set out the authority’s policies (however expressed) Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area within the meaning of paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)).

If to any extent a policy set out in a local development document conflicts with any other statement or information in the document the conflict must be resolved in favour of the policy.

The authority must keep under review their local development documents having regard to the results of any review carried out under section 13 or 14.

The Secretary of State may by regulations make provision requiring a local planning authority to review a local development document at such times as may be prescribed.

If regulations under subsection (6A) require a local planning authority to review a local development document—

Any duty imposed by virtue of subsection (6A) applies in addition to the duty in subsection (6).

Regulations under this section may prescribe—

A document is a local development document only in so far as it or any part of it—

The local planning authority must prepare a statement of community involvement.

The statement of community involvement is a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under sections 13, 15, 19, 26 and 28 of this Act and Part 3 of the principal Act of persons who appear to the authority to have an interest in matters relating to development in their area.

Subject to subsection (2B), the reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).

A statement of community involvement must set out the local planning authority's policies for giving advice or assistance under—

The reference in subsection (2B)(a) to Schedule 4B to the principal Act includes that Schedule as applied by section 38A(3) of this Act (process for making neighbourhood development plans).

Subsection (2B) applies regardless of whether, at any given time—

For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document. This is subject to section 17(8).

The statement of community involvement must not be specified as a development plan document in the local development scheme.

The Secretary of State may by regulations prescribe matters to be addressed by a statement of community involvement in addition to the matters mentioned in subsection (2).

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Development plan documents must be prepared in accordance with the local development scheme.

Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.

Each local planning authority must identify the strategic priorities for the development and use of land in the authority’s area.

Policies to address those priorities must be set out in the local planning authority’s development plan documents (taken as a whole).

Subsection (1C) does not apply in the case of a London borough council or a Mayoral development corporation if and to the extent that the council or corporation are satisfied that policies to address those priorities are set out in the spatial development strategy.

If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority’s area, subsection (1D) also applies in relation to—

In preparing a local development document the local planning authority must have regard to—

In preparing the local development documents (other than their statement of community involvement) the authority must also comply with their statement of community involvement.

But subsection (3) does not apply at any time before the authority have adopted their statement of community involvement.

The local planning authority must also—

The Secretary of State may by regulations make provision—

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The local planning authority must submit every development plan document to the Secretary of State for independent examination.

But the authority must not submit such a document unless—

The authority must also send to the Secretary of State (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.

The examination must be carried out by a person appointed by the Secretary of State.

The purpose of an independent examination is to determine in respect of the development plan document—

Any person who makes representations seeking to change a development plan document must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

The Secretary of State may by notice to the person appointed to carry out the examination—In this subsection “specified” means specified in the notice.

Where the person appointed to carry out the examination—the person must recommend that the document is adopted and give reasons for the recommendation.

Where the person appointed to carry out the examination—the person must recommend non-adoption of the document and give reasons for the recommendation.

Subsection (7C) applies where the person appointed to carry out the examination—

If asked to do so by the local planning authority, the person appointed to carry out the examination must recommend modifications of the document that would make it one that—

The local planning authority must publish the recommendations and the reasons.

If the Secretary of State thinks that a local development document is unsatisfactory—

The authority—

But subsection (2) does not apply if or to the extent that the Secretary of State withdraws the direction.

At any time before a development plan document is adopted by a local planning authority the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval.

The following paragraphs apply if the Secretary of State gives a direction under subsection (4)—

Subsections (4) to (7C) of section 20 apply to an examination held under subsection (5)(b), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.

For the purposes of subsection (5)(d) the “relevant part” of a development plan document is the part that—

The Secretary of State must publish the recommendations made to him by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.

In considering a document or part of a document submitted under subsection (4) the Secretary of State may take account of any matter which he thinks is relevant.

It is immaterial whether any such matter was taken account of by the authority.

In relation to a document or part of a document submitted to him under subsection (4) the Secretary of State—

The Secretary of State may at any time—direct the local planning authority to withdraw the document.

In the exercise of any function under this section the Secretary of State must have regard to the local development scheme.

The local planning authority must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under this section that is specified in a notice given to the authority by the Secretary of State.

In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities who have prepared the document.

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

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

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

A local planning authority may at any time before a local development document is adopted under section 23 withdraw the document.

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The local planning authority may adopt a local development document (other than a development plan document) either as originally prepared or as modified to take account of—

If the person appointed to carry out the independent examination of a development plan document recommends that it is adopted, the authority may adopt the document—

Subsection (3) applies if the person appointed to carry out the independent examination of a development plan document—

The authority may adopt the document—

The authority must not adopt a development plan document unless they do so in accordance with subsection (2) or (3).

A document is adopted for the purposes of this section if it is adopted by resolution of the authority.

The local development documents must be in general conformity with—

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A local planning authority which are a London borough or a Mayoral development corporation for an area in Greater London—

Whether or not the local planning authority make a request mentioned in subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy

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If in the opinion of the Mayor a document is not in general conformity with the spatial development strategy the Mayor must be taken to have made representations seeking a change to the document.

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The local planning authority may at any time prepare a revision of a local development document.

The authority must prepare a revision of a local development document—

This Part applies to the revision of a local development document as it applies to the preparation of the document.

Subsection (5) applies if any part of the area of the local planning authority is an area to which an enterprise zone scheme relates.

As soon as practicable after the occurrence of a relevant event—

The following are relevant events—

References to an enterprise zone and an enterprise zone scheme must be construed in accordance with that Act.

This section applies if the Secretary of State thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document.

The Secretary of State may—

The Secretary of State must either—

The Secretary of State must either—

The Secretary of State may—

Subsections (4) to (7C) of section 20 apply (subject to subsection (7) below) to an examination held under subsection (3)(a), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State.

Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an independent examination held—in respect of a document prepared or revised by the Secretary of State under subsection (2)(a).

The Secretary of State must give reasons for anything he does in pursuance of subsection (2) or (5).

The authority must reimburse the Secretary of State for any expenditure he incurs in connection with anything—

In the case of a joint local development document or a joint development plan document, the Secretary of State may apportion liability for the expenditure on such basis as the Secretary of State thinks just between the local planning authorities for whom the document has been prepared.

Two or more local planning authorities may agree to prepare one or more joint local development documents.

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

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

Any requirement of this Part in relation to regional strategy is a requirement in relation to regional strategy for the region in which each authority mentioned in subsection (1) is situated.

If the authorities mentioned in subsection (1) include one or more London boroughs the requirements of this Part in relation to the spatial development strategy also apply.

Subsections (7) to (9) apply if a local planning authority withdraw from an agreement mentioned in subsection (1).

Any step taken in relation to the document must be treated as a step taken by—

Any independent examination of a local development document to which the agreement relates must be suspended.

If before the end of the period prescribed for the purposes of this subsection an authority which were a party to the agreement request the Secretary of State to do so he may direct that—

A joint local development document is a local development document prepared jointly by two or more local planning authorities.

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

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

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

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

A direction under this section may specify—

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

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

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

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

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

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

Those requirements also apply if—

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

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

The following provisions of this section apply if—

Any step taken in relation to the joint development plan document to which the direction related is to be treated as a step taken by—

Any independent examination of a joint development plan document to which the direction related must be suspended.

If before the end of the period prescribed for the purposes of this subsection a local planning authority to which the direction applied request the Secretary of State to do so, the Secretary of State may direct that—

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

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

The Secretary of State may by order constitute a joint committee to be the local planning authority—

Such an order—

Provision under subsection (3)(b)—

If an order under this section is annulled in pursuance of a resolution of either House of Parliament—

Nothing in this section or section 30 confers on a local planning authority constituted by virtue of an order under this section any function in relation to section 13 or 14.

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

Subsection (9) applies to any function—

If the authority is a constituent authority of a joint committee references to the authority’s local development scheme or local development documents must be construed as including references to the scheme or documents of the joint committee.

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

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

Each of the constituent authorities and the joint committee must revise their local development scheme in accordance with the agreement.

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

This section applies if a constituent authority requests the Secretary of State to revoke an order constituting a joint committee as the local planning authority for any area or in respect of any matter.

The Secretary of State may revoke the order.

Any step taken by the joint committee in relation to a local development scheme or a local development document must be treated for the purposes of any corresponding scheme or document as a step taken by a successor authority.

A successor authority is—

If the revocation takes effect at any time when an independent examination is being carried out in relation to a local development document the examination must be suspended.

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

The Secretary of State may by regulations make provision as to what is a corresponding scheme or document.

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

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

this Part, or

any particular regulations made under section 14A,

Each person who is—must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) in maximising the effectiveness with which activities within subsection (3) are undertaken.

In particular, the duty imposed on a person by subsection (1) requires the person—

The activities within this subsection are—so far as relating to a strategic matter.

For the purposes of subsection (3), each of the following is a “strategic matter”—

In subsection (4)—“county matter” has the meaning given by paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),“planning area” means—the area of—a district council (including a metropolitan district council), a London borough council, or a county council in England for an area for which there is no district council, but only so far as that area is neither in a National Park nor in the Broads, a National Park, the Broads, the English inshore region, or the English offshore region, and“two-tier area” means an area—for which there is a county council and a district council, but which is not in a National Park.

The engagement required of a person by subsection (2)(a) includes, in particular—

A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.

A person, or description of persons, may be prescribed for the purposes of subsection (1)(c) only if the person, or persons of that description, exercise functions for the purposes of an enactment.

A person is within this subsection if the person is a body, or other person, that is prescribed or of a prescribed description.

In this section—“the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009, and“land” includes the waters within those regions and the bed and subsoil of those waters.

In the exercise of any function conferred under or by virtue of this Part the local planning authority must have regard to any guidance issued by the Secretary of State.

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

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Every local planning authority must prepare reports containing such information as is prescribed as to—

A report under subsection (2) must—

Subsection (3B) applies if a London borough council or a Mayoral development corporation have determined in accordance with section 19(1D) that—

Each report by the council or corporation under subsection (2) must—

If a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 has the function of preparing the spatial development strategy for the authority’s area, subsections (3A) and (3B) also apply in relation to—

The authority must make the authority's reports under this section available to the public.

The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.

The regulations may in particular make provision as to—

The Secretary of State may from time to time publish data standards for—

For this purpose a “data standard” is a written standard which contains technical specifications for a scheme or document or the data contained in a scheme or document.

A local planning authority must comply with the data standards published under subsection (3) in preparing, publishing, maintaining or revising a scheme or document to which the standards apply.

Local development scheme must be construed in accordance with section 15.

Local development document must be construed in accordance with sections 17 and 18(3).

A development plan document is a local development document which is specified as a development plan document in the local development scheme.

Local planning authorities are—

A National Park authority is the local planning authority for the whole of its area and subsection (4) must be construed subject to that.

Subsection (4) must also be construed subject to any order under section 198(2) of the Localism Act 2011 so far as providing that a Mayoral development corporation is, as regards an area, to be the local planning authority for some or all of the purposes of this Part in relation to some or all kinds of development.

Where such an order makes such provision, that MDC is, in relation to the kinds of development concerned, the local planning authority for the area and purposes concerned in place of any authority who, in relation to those kinds of development, would otherwise be the local planning authority for that area and those purposes.

Subsection (4) must additionally be construed, and subsection (5ZB) must be construed, subject to any designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) providing that the Homes and Communities Agency is to be the local planning authority—

Where such an order makes such provision, the Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.

Joint local development document must be construed in accordance with section 28(10).

Joint development plan document must be construed in accordance with section 28A(7).

Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.

“Responsible regional authorities” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.

This section applies for the purposes of this Part.

A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2A) to (5).

For the purposes of any area in England the development plan is—

For the purposes of any area in England (but subject to subsection (3B)) a neighbourhood development plan which relates to that area also forms part of the development plan for that area if—

The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.

For the purposes of any area in Wales the development plan is —.

If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document to become part of the development plan.

If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.

The enactments mentioned in subsection (1) are—

In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.

In subsection (2A)—

Neighbourhood development plan must be construed in accordance with section 38A.

A “national development management policy” is a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy.

The Secretary of State may—

The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—

Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons as the Secretary of State thinks appropriate takes place.

The only cases in which no consultation or participation need take place under subsection (4) are those where the Secretary of State thinks that none is appropriate because—

Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan.

A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.

Schedule 4B to the principal Act, which makes provision about the process for the making of neighbourhood development orders, including—is to apply in relation to neighbourhood development plans (subject to the modifications set out in section 38C(5) of this Act).

A local planning authority to whom a proposal for the making of a neighbourhood development plan has been made—

If—the authority may (but need not) make a neighbourhood development plan to which the proposal relates.

The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any assimilated obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).

Regulations made by the Secretary of State may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (6).

The regulations may in particular make provision—