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Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 2 — Local development




 31    Exclusion of certain representations

     (1)    This section applies to any representation or objection in respect of anything

which is done or is proposed to be done in pursuance of—

           (a)           an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of


the Highways Act 1980 (c. 66);

           (b)           an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act

1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act

1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which

provisions were replaced by the provisions mentioned in paragraph



           (c)           an order under section 1 of the New Towns Act 1981 (c. 64).

     (2)    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.

 32    Urban development corporations

The Secretary of State may direct that this Part does not apply to the area of an

urban development corporation.

 33    Guidance


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.

 34    Annual monitoring report

     (1)    Every local planning authority must make an annual report to the Secretary of



     (2)    The annual report must contain such information as is prescribed as to—

           (a)           the implementation of the local development scheme;

           (b)           the extent to which the policies set out in the local development

documents are being achieved.


     (3)    The annual report must—

           (a)           be made at such time as is prescribed;

           (b)           be in such form as is prescribed;

           (c)           contain such other matter as is prescribed.



 35    Regulations

     (1)    The Secretary of State may by regulations make provision in connection with

the exercise by any person of functions under this Part.

     (2)    The regulations may in particular make provision as to—



Planning and Compulsory Purchase Bill
Part 3 — Development



           (a)           the procedure to be followed by the local planning authority in carrying

out the appraisal under section 18;

           (b)           requirements about the giving of notice and publicity;

           (c)           the nature and extent of consultation with and participation by the

public in anything done under this Part;


           (d)           the making of representations about any matter to be included in a local

development document;

           (e)           consideration of any such representations;

           (f)           the remuneration and allowances payable to a person appointed to

carry out an independent examination under section 19;


           (g)           the time at which anything must be done for the purposes of this Part;

           (h)           the manner of publication of any draft, report or other document

published under this Part;

           (i)           monitoring the exercise by local planning authorities of their functions

under this Part.


 36    Interpretation

     (1)    Local development scheme must be construed in accordance with section 14.

     (2)    Local development document must be construed in accordance with section


     (3)    A development plan document is a document which—


           (a)           is a local development document, and

           (b)           forms part of the development plan.

     (4)    Local planning authorities are—

           (a)           district councils;

           (b)           London borough councils;


           (c)           metropolitan district councils;

           (d)           county councils in relation to any area in England for which there is no

district council;

           (e)           the Broads Authority.

     (5)    A National Park authority is the local planning authority for the whole of its


area and subsection (4) must be construed subject to that.

     (6)    RSS and RPB must be construed in accordance with Part 1.

     (7)    This section applies for the purposes of this Part.

Part 3



Development plan

 37    Development plan

     (1)    A reference to the development plan in any enactment mentioned in

subsection (7) must be construed in accordance with subsections (2) to (5).

     (2)    For the purposes of any area in Greater London the development plan is—




Planning and Compulsory Purchase Bill
Part 3 — Development



           (a)           the spatial development strategy, and

           (b)           the development plan documents (taken as a whole) which have been

adopted or approved in relation to that area.

     (3)    For the purposes of any other area in England the development plan is—

           (a)           the regional spatial strategy for the region in which the area is situated,



           (b)           the development plan documents (taken as a whole) which have been

adopted or approved in relation to that area.

     (4)    For the purposes of any area in Wales the development plan is the local

development plan adopted or approved in relation to that area.


     (5)    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 be adopted,

approved or published (as the case may be).

     (6)    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


     (7)    The enactments are—

           (a)           this Act;


           (b)           the planning Acts;

           (c)           any other enactment relating to town and country planning;

           (d)           the Land Compensation Act 1961 (c. 33);

           (e)           the Highways Act 1980 (c. 66).

     (8)    In subsection (5) references to a development plan include a development plan


for the purposes of paragraph 1 of Schedule 5.

Sustainable development

 38    Sustainable development

     (1)    This section applies to any person who or body which exercises any function—

           (a)           under Part 1 in relation to a regional spatial strategy;


           (b)           under Part 2 in relation to local development documents;

           (c)           under Part 6 in relation to the Wales Spatial Plan or a local development


     (2)    The person or body must exercise the function with a view to contributing to

the achievement of sustainable development.


     (3)    For the purposes of subsection (2) the person or body must have regard to

national policies and advice contained in guidance issued by—

           (a)           the Secretary of State for the purposes of subsection (1)(a) and (b);

           (b)           the National Assembly for Wales for the purposes of subsection (1)(c).



Planning and Compulsory Purchase Bill
Part 4 — Development control



Part 4

Development control

Local development orders

 39    Local development orders

     (1)    In the principal Act after section 61 (supplementary provision about


development orders) there are inserted the following sections—

“Local development orders

       61A  Local development orders

           (1)           A local planning authority may by order (a local development order)

make provision to implement policies—


                  (a)                 in one or more development plan documents (within the

meaning of Part 2 of the Planning and Complusory Purchase

Act 2003);

                  (b)                 in a local development plan (within the meaning of Part 6 of that



           (2)           A local development order may grant planning permission—

                  (a)                 for development specified in the order;

                  (b)                 for development of any class so specified.

           (3)           A local development order may relate to—

                  (a)                 all land in the area of the relevant authority;


                  (b)                 any part of that land;

                  (c)                 a site specified in the order.

           (4)           A local development order may make different provision for different

descriptions of land.

           (5)           But an order under this subsection may specify any area or class of


development in respect of which a local development order must not

be made.

           (6)           A local planning authority may revoke a local development order at

any time.

           (7)           An order under subsection (5) may be made—


                  (a)                 by the Secretary of State in relation to development in England;

                  (b)                 by the National Assembly for Wales in relation to development

in Wales.

           (8)           Schedule 4A makes provision in connection with local development





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