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Miscellaneous | |
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 | 5 |
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 | 10 |
(a)); | |
(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 | 15 |
(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 | 20 |
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 | 25 |
State. | |
(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. | 30 |
(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. | |
General | 35 |
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— | |
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(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; | 5 |
(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; | 10 |
(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. | 15 |
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 | |
16. | |
(3) A development plan document is a document which— | 20 |
(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; | 25 |
(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 | 30 |
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 | 35 |
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— | 40 |
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(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, | 5 |
and | |
(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. | 10 |
(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 | 15 |
determination to be made under the planning Acts the determination must be | |
made in accordance with the plan unless material considerations indicate | |
otherwise. | |
(7) The enactments are— | |
(a) this Act; | 20 |
(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 | 25 |
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; | 30 |
(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 | |
plan. | |
(2) The person or body must exercise the function with a view to contributing to | |
the achievement of sustainable development. | 35 |
(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). | |
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Part 4 | |
Development control | |
Local development orders | |
39 Local development orders | |
(1) In the principal Act after section 61 (supplementary provision about | 5 |
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— | 10 |
(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 | |
Act). | 15 |
(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; | 20 |
(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 | 25 |
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— | 30 |
(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 | |
orders. | 35 |
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