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30 Dissolution of joint committee | |
(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. | |
(2) The Secretary of State may revoke the order. | 5 |
(3) 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. | |
(4) A successor authority is— | 10 |
(a) a local planning authority which were a constituent authority of the | |
joint committee; | |
(b) a joint committee constituted by order under section 28 for an area | |
which does not include an area which was not part of the area of the | |
joint committee mentioned in subsection (1). | 15 |
(5) 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. | |
(6) 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 | 20 |
State to do so he may direct that— | |
(a) the examination is resumed in relation to the corresponding document; | |
(b) any step taken for the purposes of the suspended examination has | |
effect for the purposes of the resumed examination. | |
(7) The Secretary of State may by regulations make provision as to what is a | 25 |
corresponding scheme or document. | |
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— | 30 |
(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 | 35 |
provisions were replaced by the provisions mentioned in paragraph | |
(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 | 40 |
substance a representation or objection to which this section applies he or they | |
(as the case may be) may disregard it. | |
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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 | 5 |
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 | |
State. | 10 |
(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— | 15 |
(a) be in respect of such period of 12 months as is prescribed; | |
(b) be made at such time as is prescribed; | |
(c) be in such form as is prescribed; | |
(d) contain such other matter as is prescribed. | |
General | 20 |
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— | |
(a) the procedure to be followed by the local planning authority in carrying | 25 |
out the appraisal under section 18; | |
(b) the procedure to be followed in the preparation of local development | |
documents; | |
(c) requirements about the giving of notice and publicity; | |
(d) requirements about inspection by the public of a local development | 30 |
document or any other document; | |
(e) the nature and extent of consultation with and participation by the | |
public in anything done under this Part; | |
(f) the making of representations about any matter to be included in a local | |
development document; | 35 |
(g) consideration of any such representations; | |
(h) the remuneration and allowances payable to a person appointed to | |
carry out an independent examination under section 19; | |
(i) the determination of the time at which anything must be done for the | |
purposes of this Part; | 40 |
(j) the manner of publication of any draft, report or other document | |
published under this Part; | |
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(k) monitoring the exercise by local planning authorities of their functions | |
under this Part; | |
(l) the making of reasonable charges for the provision of copies of | |
documents required by or under this Part. | |
36 Interpretation | 5 |
(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— | |
(a) is a local development document, and | 10 |
(b) forms part of the development plan. | |
(4) Local planning authorities are— | |
(a) district councils; | |
(b) London borough councils; | |
(c) metropolitan district councils; | 15 |
(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. | 20 |
(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 | |
Development plan | 25 |
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— | |
(a) the spatial development strategy, and | 30 |
(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, | |
and | 35 |
(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. | |
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(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 | 5 |
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; | 10 |
(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 | 15 |
for the purposes of paragraph 1 of Schedule 8. | |
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; | 20 |
(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. | 25 |
(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). | |
Part 4 | 30 |
Development control | |
Local development orders | |
39 Local development orders | |
(1) In the principal Act after section 61 (supplementary provision about | |
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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— | 5 |
(a) in one or more development plan documents (within the | |
meaning of Part 2 of the Planning and Compulsory Purchase | |
Act 2003); | |
(b) in a local development plan (within the meaning of Part 6 of that | |
Act). | 10 |
(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; | 15 |
(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 a development order may specify any area or class of development | 20 |
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) Schedule 4A makes provision in connection with local development | |
orders. | 25 |
61B Intervention by Secretary of State or National Assembly | |
(1) At any time before a local development order is adopted by a local | |
planning authority the appropriate authority may direct that the order | |
(or any part of it) is submitted to it for its approval. | |
(2) If the appropriate authority gives a direction under subsection (1)— | 30 |
(a) the authority must not take any step in connection with the | |
adoption of the order until the appropriate authority gives its | |
decision; | |
(b) the order has no effect unless it (or, if the direction relates to | |
only part of an order, the part) has been approved by the | 35 |
appropriate authority. | |
(3) In considering an order or part of an order submitted under subsection | |
(1) the appropriate authority may take account of any matter which it | |
thinks is relevant. | |
(4) It is immaterial whether any such matter was taken account of by the | 40 |
local planning authority. | |
(5) The appropriate authority— | |
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(a) may approve or reject an order or part of an order submitted to | |
it under subsection (1); | |
(b) must give reasons for its decision under paragraph (a). | |
(6) If the appropriate authority thinks that a local development order is | |
unsatisfactory it may at any time before the order is adopted by the | 5 |
local planning authority direct them to modify it in accordance with the | |
direction. | |
(7) The local planning authority— | |
(a) must comply with the direction; | |
(b) must not adopt the order unless the appropriate authority gives | 10 |
notice that it is satisfied that they have complied with the | |
direction. | |
(8) The appropriate authority may at any time by order revoke a local | |
development order if it thinks it is expedient to do so. | |
(9) Subsections (3) to (6) of section 100 apply to an order under subsection | 15 |
(8) above as they apply to an order under subsection (1) of that section | |
and for that purpose references to the Secretary of State must be | |
construed as references to the appropriate authority. | |
(10) The appropriate authority is— | |
(a) the Secretary of State in relation to England; | 20 |
(b) the National Assembly for Wales in relation to Wales. | |
61C Permission granted by local development order | |
(1) Planning permission granted by a local development order may be | |
granted— | |
(a) unconditionally, or | 25 |
(b) subject to such conditions or limitations as are specified in the | |
order. | |
(2) If the permission is granted for development of a specified description | |
the order may enable the local planning authority to direct that the | |
permission does not apply in relation to— | 30 |
(a) development in a particular area, or | |
(b) any particular development.” | |
(2) In each of the following provisions of the principal Act in each place where it | |
occurs after “development order” there is inserted “or a local development | |
order”— | 35 |
(a) section 56(5)(a) (definition of material development); | |
(b) section 57(3) (extent of permission granted by development order); | |
(c) section 58(1)(a) (grant of planning permission by development order); | |
(d) section 77(1) (certain applications to be referred to the Secretary of | |
State); | 40 |
(e) section 78(1)(c) (right of appeal in relation to certain planning | |
decisions); | |
(f) section 88(9) (grant of planning permission in enterprise zone); | |
(g) section 91(4)(a) (no limit to duration of planning permission granted by | |
development order); | 45 |
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(h) section 108 (compensation for refusal of planning permission formerly | |
granted by development order); | |
(i) section 109(6) (apportionment of compensation for depreciation); | |
(j) section 253(2)(c) (cases in which certain procedures may be carried out | |
in anticipation of planning permission); | 5 |
(k) section 264(5)(b) (land treated not as operational land); | |
(l) section 279(1)(a)(i) (compensation for certain decisions and orders). | |
(3) Section 333 of the principal Act (regulations and orders) is amended as | |
follows— | |
(a) in subsection (4) after “55(2)(f),” there is inserted “61A(5)”; | 10 |
(b) in subsection (5)(b) after “28,” there is inserted “61A(5) (unless it is | |
made by the National Assembly for Wales),”. | |
(4) Schedule 1 further amends the principal Act. | |
Revision of development orders | |
40 Effect of revision or revocation of development order on incomplete | 15 |
development | |
In the principal Act after section 61C (planning permission granted by local | |
development orders) (inserted by section 39 of the Planning and Compulsory | |
Purchase Act 2003) there is inserted the following section— | |
“61D Effect of revision or revocation of development order on incomplete | 20 |
development | |
(1) A development order or local development order may include | |
provision permitting the completion of development if — | |
(a) planning permission is granted by the order in respect of the | |
development, and | 25 |
(b) the planning permission is withdrawn at a time after the | |
development is started but before it is completed. | |
(2) Planning permission granted by a development order is withdrawn— | |
(a) if the order is revoked; | |
(b) if the order is amended so that it ceases to grant planning | 30 |
permission in respect of the development or materially changes | |
any condition or limitation to which the grant of permission is | |
subject; | |
(c) by the issue of a direction under powers conferred by the order. | |
(3) Planning permission granted by a local development order is | 35 |
withdrawn— | |
(a) if the order is revoked under section 61A(6) or 61B(8); | |
(b) if the order is revised in pursuance of paragraph 2 of Schedule | |
4A so that it ceases to grant planning permission in respect of | |
the development or materially changes any condition or | 40 |
limitation to which the grant of permission is subject; | |
(c) by the issue of a direction under powers conferred by the order. | |
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