(a) the reference to giving advice or assistance includes providing training
or education,

(b) “community interest group” means a person who is a community
interest group for the purposes of section 82(3) as a result of regulations
5made under section 82(6) by the Welsh Ministers, and

(c) the reference to the provision of financial assistance is to the provision
of financial assistance by any means (including the making of a loan
and the giving of a guarantee or indemnity).

90 Crown application

10This Chapter binds the Crown.

Interpretation of Chapter

91 Meaning of “local authority”

(1) In this Chapter “local authority” in relation to England means—

(a) a district council,

(b) 15a county council for an area in England for which there are no district
councils,

(c) a London borough council,

(d) the Common Council of the City of London, or

(e) the Council of the Isles of Scilly.

(2) 20The Secretary of State may by order amend this section for the purpose of
changing the meaning in this Chapter of “local authority” in relation to
England.

(3) In this Chapter “local authority” in relation to Wales means—

(a) a county council in Wales, or

(b) 25a county borough council.

(4) The Welsh Ministers may by order amend this section for the purpose of
changing the meaning in this Chapter of “local authority” in relation to Wales.

92 Meaning of “owner”

(1) In this Chapter “owner”, in relation to land, is to be read as follows.

(2) 30The owner of any land is the person in whom the freehold estate in the land is
vested, but not if there is a qualifying leasehold estate in the land.

(3) If there is just one qualifying leasehold estate in any land, the owner of the land
is the person in whom that estate is vested.

(4) If there are two or more qualifying leasehold estates in the same land, the
35owner of the land is the person in whom is vested the qualifying leasehold
estate that is more or most distant (in terms of the number of intervening
leasehold estates) from the freehold estate.

(5) In this section “qualifying leasehold estate”, in relation to any land, means an
estate by virtue of a lease of the land for a term which, when granted, had at
40least 25 years to run.

(6) The appropriate authority may by order amend this section—

(a) for the purpose of changing the definition of “owner” for the time being
given by this section;

(b) for the purpose of defining “owner” for the purposes of this Chapter in
5a case where, for the time being, this section does not define that
expression.

93 Interpretation of Chapter: general

(1) In this Chapter—

• “appropriate authority”—

  (a)

  10in relation to England means the Secretary of State, and

  (b)

  in relation to Wales means the Welsh Ministers;

• “building” includes part of a building;

• “community nomination” has the meaning given by section 76(2);

• “land” includes—

  (a)

  15part of a building,

  (b)

  part of any other structure, and

  (c)

  mines and minerals, whether or not held with the surface;

• “land of community value” is to be read in accordance with section 75;

• “local authority” is to be read in accordance with section 91;

• 20“owner”, in relation to any land, is to read in accordance with section 92;

• “unsuccessful”, in relation to a community nomination, has the meaning
  given by sections 77(5) and 79(4)(b)(i).

(2) For the meaning of “list of assets of community value” see section 74(2).

(3) For the meaning of “list of land nominated by unsuccessful community
25nominations” see section 80(2).

Part 5 Planning

CHAPTER 1 Plans and strategies

94 Abolition of regional strategies

(1) 30The following provisions are repealed—

(a) sections 82(1) and 83 of the Local Democracy, Economic Development
and Construction Act 2009 (effect of regional strategies), and

(b) the remaining provisions of Part 5 of that Act (regional strategy).

(2) Subsection (1)(b) does not apply to—

(a) 35section 85(1) (consequential provision) of that Act,

(b) Schedule 5 to that Act (regional strategy: amendments) (but see Part 15
of Schedule 25 to this Act), or

(c) Part 4 of Schedule 7 to that Act (regional strategy: repeals).

(3) The regional strategies under Part 5 of that Act are revoked.

(4) A direction given by the Secretary of State under paragraph 1(3) of Schedule 8
to the Planning and Compulsory Purchase Act 2004 (directions preserving
development plan policies) is revoked if and so far as it relates to a policy
contained in a structure plan.

(5) 5Schedule 8 (which contains amendments that are consequential on this section)
has effect.

95 Duty to co-operate in relation to planning of sustainable development

(1) In Part 2 of the Planning and Compulsory Purchase Act 2004 (local
development) after section 33 insert—

“33A 10Duty to co-operate in relation to planning of sustainable development

(1) Each person who is—

(a) a local planning authority,

(b) a county council in England that is not a local planning
authority, or

(c) 15a body, or other person, that is prescribed or of a prescribed
description,

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.

(2) 20In particular, the duty imposed on a person by subsection (1) requires
the person—

(a) to engage constructively, actively and on an ongoing basis in
any process by means of which activities within subsection (3)
are undertaken, and

(b) 25to have regard to activities of a person within subsection (9) so
far as they are relevant to activities within subsection (3).

(3) The activities within this subsection are—

(a) the preparation of development plan documents,

(b) the preparation of other local development documents,

(c) 30the preparation of marine plans under the Marine and Coastal
Access Act 2009 for the English inshore region, the English
offshore region or any part of either of those regions,

(d) activities that can reasonably be considered to prepare the way
for activities within any of paragraphs (a) to (c) that are, or
35could be, contemplated, and

(e) activities that support activities within any of paragraphs (a) to
(c),

so far as relating to a strategic matter.

(4) For the purposes of subsection (3), each of the following is a “strategic
40matter”—

(a) sustainable development or use of land that has or would have
a significant impact on at least two planning areas, including (in
particular) sustainable development or use of land for or in
connection with infrastructure that is strategic and has or
45would have a significant impact on at least two planning areas,
and

(b) sustainable development or use of land in a two-tier area if the
development or use—

(i) is a county matter, or

(ii) has or would have a significant impact on a county
5matter.

(5) 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—

  (a)

  10the area of—

  (i)

  a district council (including a metropolitan
  district council),

  (ii)

  a London borough council, or

  (iii)

  a county council in England for an area for which
  15there is no district council,

  but only so far as that area is neither in a National Park
  nor in the Broads,

  (b)

  a National Park,

  (c)

  the Broads,

  (d)

  20the English inshore region, or

  (e)

  the English offshore region, and

• “two-tier area” means an area—

  (a)

  for which there is a county council and a district council,
  but

  (b)

  25which is not in a National Park.

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

(a) considering whether to consult on and prepare, and enter into
and publish, agreements on joint approaches to the undertaking
30of activities within subsection (3), and

(b) if the person is a local planning authority, considering whether
to agree under section 28 to prepare joint local development
documents.

(7) A person subject to the duty under subsection (1) must have regard to
35any guidance given by the Secretary of State about how the duty is to
be complied with.

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

(9) 40A person is within this subsection if the person is a body, or other
person, that is prescribed or of a prescribed description.

(10) In this section—

• “the English inshore region” and “the English offshore region”
  have the same meaning as in the Marine and Coastal Access Act
  452009, and

• “land” includes the waters within those regions and the bed and
  subsoil of those waters.”

(2) In section 16 of the Planning and Compulsory Purchase Act 2004 (applying
Part 2 for purposes of a county council’s minerals and waste development
scheme) after subsection (4) insert—

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

(3) 5In section 20(5) of the Planning and Compulsory Purchase Act 2004
(development plan documents: purpose of independent examination) after
paragraph (b) insert “; and

(c) whether the local planning authority complied with any duty
imposed on the authority by section 33A in relation to its
10preparation.”

96 Local development schemes

(1) Section 15 of the Planning and Compulsory Purchase Act 2004 (preparation,
revision and promulgation of local development schemes) is amended as
follows.

(2) 15Omit subsection (3) (requirements as to preparation of schemes).

(3) In subsection (4) (Secretary of State or Mayor of London may direct that
scheme be amended) after “thinks appropriate” insert “for the purpose of
ensuring effective coverage of the authority’s area by the development plan
documents (taken as a whole) for that area”.

(4) 20In subsection (6A)(b) (provision about directions given by Mayor of London
under subsection (4)) for “the scheme is not to be brought into effect” substitute
“effect is not to be given to the direction”.

(5) For subsection (7) (regulations about publicity, inspection and bringing
schemes into effect) substitute—

“(7) 25To 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.”

(6) After subsection (8A) insert—

“(8AA) A direction may be given under subsection (8)(b) only if the person
30giving the direction thinks that revision of the scheme is necessary for
the purpose of ensuring effective coverage of the authority’s area by the
development plan documents (taken as a whole) for that area.”

(7) After subsection (9) insert—

“(9A) The local planning authority must make the following available to the
35public—

(a) the up-to-date text of the scheme,

(b) a copy of any amendments made to the scheme, and

(c) up-to-date information showing the state of the authority’s
compliance (or non-compliance) with the timetable mentioned
40in subsection (2)(f).”

97 Adoption and withdrawal of development plan documents

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) For section 20(7) (independent examiner must make recommendations with
reasons) substitute—

“(7) Where the person appointed to carry out the examination—

(a) has carried it out, and

(b) 5considers that, in all the circumstances, it would be reasonable
to conclude—

(i) that the document satisfies the requirements mentioned
in subsection (5)(a) and is sound, and

(ii) that the local planning authority complied with any
10duty imposed on the authority by section 33A in relation
to the document’s preparation,

the person must recommend that the document is adopted and give
reasons for the recommendation.

(7A) Where the person appointed to carry out the examination—

(a) 15has carried it out, and

(b) is not required by subsection (7) to recommend that the
document is adopted,

the person must recommend non-adoption of the document and give
reasons for the recommendation.

(7B) 20If 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—

(a) satisfies the requirements mentioned in subsection (5)(a), and

(b) is sound.”

(3) 25For section 23(2) and (3) (adoption of development plan documents, whether
as prepared or with modifications, must be in accordance with independent
examiner’s recommendations) substitute—

“(2) If the person appointed to carry out the independent examination of a
development plan document recommends that it is adopted, the
30authority may adopt the document—

(a) as it is, or

(b) with modifications that (taken together) do not materially affect
the policies set out in it.

(2A) Subsection (3) applies if the person appointed to carry out the
35independent examination of a development plan document—

(a) recommends non-adoption, and

(b) under section 20(7B) recommends modifications (“the main
modifications”).

(3) The authority may adopt the document—

(a) 40with the main modifications, or

(b) with the main modifications and additional modifications if the
additional modifications (taken together) do not materially
affect the policies that would be set out in the document if it was
adopted with the main modifications but no other
45modifications.”

(4) Omit section 22(2) (development plan document not to be withdrawn once
submitted for independent examination unless examiner or Secretary of State
directs that it be withdrawn).

(5) In section 21 (intervention by Secretary of State) after subsection (9) insert—

“(9A) 5The Secretary of State may at any time—

(a) after a development plan document has been submitted for
independent examination under section 20, but

(b) before it is adopted under section 23,

direct the local planning authority to withdraw the document.”

(6) 10The amendments made by subsections (2) and (3) apply in relation to all
adoptions of development plan documents that take place after the coming
into force of those subsections, including an adoption where steps in relation
to the document have taken place before then.

98 Local development: monitoring reports

(1) 15Section 35 of the Planning and Compulsory Purchase Act 2004 (local planning
authority must make annual report to Secretary of State) is amended as
follows.

(2) Omit subsection (1) (duty to make annual report).

(3) In subsection (2) (contents of annual report) for “The annual report must
20contain” substitute “Every local planning authority must prepare reports
containing”.

(4) In subsection (3) (rules about annual reports) for the words from the beginning
to the end of paragraph (b) substitute—

“A report under subsection (2) must—

(a) 25be in respect of a period—

(i) which the authority considers appropriate in the
interests of transparency,

(ii) which begins with the end of the period covered by the
authority’s most recent report under subsection (2), and

(iii) 30which is not longer than 12 months or such shorter
period as is prescribed;”.

(5) After subsection (3) insert—

“(4) The authority must make the authority’s reports under this section
available to the public.”

(6) 35In the heading for “Annual” substitute “Authorities’” and for “report”
substitute “reports”.

CHAPTER 2 Community Infrastructure Levy

99 Community Infrastructure Levy: approval of charging schedules

(1) The Planning Act 2008 is amended as follows.

(2) In section 211 (amount of levy) after subsection (7) insert—

“(7A) A charging authority must use appropriate available evidence to
inform the charging authority’s preparation of a charging schedule.

(7B) CIL regulations may make provision about the application of
5subsection (7A) including, in particular—

(a) provision as to evidence that is to be taken to be appropriate,

(b) provision as to evidence that is to be taken to be not
appropriate,

(c) provision as to evidence that is to be taken to be available,

(d) 10provision as to evidence that is to be taken to be not available,

(e) provision as to how evidence is, and as to how evidence is not,
to be used,

(f) provision as to evidence that is, and as to evidence that is not, to
be used,

(g) 15provision as to evidence that may, and as to evidence that need
not, be used, and

(h) provision as to how the use of evidence is to inform the
preparation of a charging schedule.”

(3) For section 212(4) to (7) (draft must be accompanied by declaration of
20compliance with requirements, and examiner must consider the requirements
and make recommendations with reasons) substitute—

“(4) In this section and sections 212A and 213 “the drafting requirements”
means the requirements of this Part and CIL regulations (including the
requirements to have regard to the matters listed in section 211(2) and
25(4)), so far as relevant to the drafting of the schedule.

(7) The examiner must consider whether the drafting requirements have
been complied with and—

(a) make recommendations in accordance with section 212A, and

(b) give reasons for the recommendations.”

(4) 30After section 212 insert—

“212A Charging schedule: examiner’s recommendations

(1) This section applies in relation to the examination, under section 212, of
a draft charging schedule.

(2) If the examiner considers—

(a) 35that there is any respect in which the drafting requirements
have not been complied with, and

(b) that the non-compliance with the drafting requirements cannot
be remedied by the making of modifications to the draft,

the examiner must recommend that the draft be rejected.

(3) 40Subsection (4) applies if the examiner considers—

(a) that there is any respect in which the drafting requirements
have not been complied with, and

(b) that the non-compliance with the drafting requirements could
be remedied by the making of modifications to the draft.

(4) 45The examiner must—

(a) specify the respects in which the drafting requirements have not
been complied with,

(b) recommend modifications that the examiner considers
sufficient and necessary to remedy that non-compliance, and

(c) 5recommend that the draft be approved with—

(i) those modifications, or

(ii) other modifications sufficient and necessary to remedy
that non-compliance.

(5) Subject to subsections (2) to (4), the examiner must recommend that the
10draft be approved.

(6) If the examiner makes recommendations under subsection (4), the
examiner may recommend other modifications with which the draft
should be approved in the event that it is approved.

(7) If the examiner makes recommendations under subsection (5), the
15examiner may recommend modifications with which the draft should
be approved in the event that it is approved.”

(5) For section 213(1) (charging authority has to follow examiner’s
recommendations when approving charging schedule) substitute—

“(1) A charging authority may approve a charging schedule only if—

(a) 20the examiner makes recommendations under section 212A(4) or
(5), and

(b) the charging authority has had regard to those
recommendations and the examiner’s reasons for them.

(1A) Accordingly, a charging authority may not approve a charging
25schedule if, under section 212A(2), the examiner recommends rejection.

(1B) If the examiner makes recommendations under section 212A(4), the
charging authority may approve the charging schedule only if it does
so with modifications that are sufficient and necessary to remedy the
non-compliance specified under section 212A(4)(a) (although those
30modifications need not be the ones recommended under section
212A(4)(b)).

(1C) If a charging authority approves a charging schedule, it may do so with
all or none, or some one or more, of the modifications (if any)
recommended under section 212A(6) or (7).

(1D) 35The modifications with which a charging schedule may be approved
include only—

(a) modifications required by subsection (1B), and

(b) modifications allowed by subsection (1C).”

(6) In section 213 (approval of charging schedules) after subsection (3) insert—

“(3A) 40Subsection (3B) applies if—

(a) the examiner makes recommendations under section 212A(4),
and

(b) the charging schedule is approved by the charging authority.

(3B) The charging authority must publish a report setting out how the
charging schedule as approved remedies the non-compliance specified
under section 212A(4)(a).

(3C) CIL regulations may make provision about the form or contents of a
5report under subsection (3B).”

(7) In section 213 after subsection (4) insert—

“(5) In this section “examiner” means examiner under section 212.”

(8) The amendments made by this section do not apply in relation to cases where
an examiner submits recommendations to a charging authority before the
10coming into force of this section, but subject to that the cases in relation to
which the amendments apply include a case in which steps in relation to the
charging schedule have been taken before then.

100 Use of Community Infrastructure Levy

(1) The Planning Act 2008 is amended as follows.

(2) 15In section 205 (establishment and overall purpose of the levy) after subsection
(2) (overall purpose relates to funding of costs incurred in providing
infrastructure) insert—

“(2A) In subsection (2) “providing”, in relation to infrastructure, includes—

(a) providing it initially, and

(b) 20providing it on an ongoing basis.”

(3) In section 216 (application of levy)—

(a) in subsection (4) (matters that may be specified by regulations) after
paragraph (a) insert—

“(aa) maintenance, operational and promotional activities
25that may or are to be, or may not be, funded by CIL,”,
and”