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8 RSS: further procedure | |
(1) If no examination in public is held the Secretary of State must consider any | |
representations made on the draft revision of the RSS under section 6(2). | |
(2) If an examination in public is held the Secretary of State must consider— | |
(a) the report of the person appointed to hold the examination; | 5 |
(b) any representations which are not considered by the person appointed | |
to hold the examination. | |
(3) If after proceeding under subsection (1) or (2) the Secretary of State proposes to | |
make any changes to the draft he must publish— | |
(a) the changes he proposes to make; | 10 |
(b) his reasons for doing so. | |
(4) Any person may make representations on the proposed changes. | |
(5) The Secretary of State must consider any such representations. | |
(6) The Secretary of State must then publish the revision of the RSS incorporating | |
such changes as he thinks fit. | 15 |
(7) But the Secretary of State may withdraw a draft revision of an RSS at any time | |
before he publishes the revision of the RSS under subsection (6). | |
9 Secretary of State: additional powers | |
(1) If the Secretary of State thinks it is necessary or expedient to do so he may | |
direct an RPB to prepare a draft revision of the RSS. | 20 |
(2) Such a direction may require the RPB to prepare the draft revision— | |
(a) in relation to such aspects of the RSS as are specified; | |
(b) in accordance with such timetable as is specified. | |
(3) The Secretary of State may prepare a draft revision of the RSS if the RPB fails | |
to comply with— | 25 |
(a) a direction under subsection (1), | |
(b) section 5(1)(b), or | |
(c) regulations under section 5(5) or 10. | |
(4) If the Secretary of State prepares a draft revision under subsection (3) | |
(a) section 6 applies as it does if the Secretary of State receives a draft | 30 |
revision from the RPB, and | |
(b) sections 7 and 8(1) to (7) apply. | |
(5) If the Secretary of State thinks it necessary or expedient to do so he may at any | |
time revoke— | |
(a) an RSS; | 35 |
(b) such parts of an RSS as he thinks appropriate. | |
(6) The Secretary of State may by regulations make provision as to the procedure | |
to be followed for the purposes of subsection (3). | |
(7) Subsection (8) applies if— | |
(a) any step has been taken in connection with the preparation of any part | 40 |
of regional planning guidance, and | |
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(b) the Secretary of State thinks that the step corresponds to a step which | |
must be taken under this Part in connection with the preparation and | |
publication of a revision of the RSS. | |
(8) The Secretary of State may by order provide for the part of the regional | |
planning guidance to have effect as a revision of the RSS. | 5 |
Supplementary | |
10 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— | 10 |
(a) the procedure to be followed by the RPB in carrying out the draft | |
revision and appraisal under section 5; | |
(b) requirements about the giving of notice and publicity; | |
(c) requirements about inspection by the public of a draft revision or any | |
other document; | 15 |
(d) the nature and extent of consultation with and participation by the | |
public in anything done under this Part; | |
(e) the making of representations about any matter to be included in an | |
RSS; | |
(f) consideration of any such representations; | 20 |
(g) the remuneration and allowances payable to a person appointed to | |
carry out an examination in public under section 7; | |
(h) the determination of the time at which anything must be done for the | |
purposes of this Part; | |
(i) the manner of publication of any draft, report or other document | 25 |
published under this Part; | |
(j) monitoring the exercise by RPBs of their functions under this Part. | |
(k) the making of reasonable charges for the provision of copies of | |
documents required by or under this Part. | |
11 Supplementary | 30 |
(1) A region is a region (except London) specified in Schedule 1 to the Regional | |
Development Agencies Act 1998 (c. 45). | |
(2) But the Secretary of State may by order direct that if the area of a National Park | |
falls within more than one region it is treated as falling wholly within such | |
region as is specified in the order. | 35 |
(3) Regional planning guidance for a region is a document issued by the Secretary | |
of State setting out his policies (however expressed) in relation to the | |
development and use of land within the region. | |
(4) The Secretary of State is the Secretary of State for the time being having general | |
responsibility for policy in relation to the development and use of land. | 40 |
(5) References to a revision or draft revision of an RSS include references to a | |
revision or draft revision of any part of an RSS. | |
(6) This section has effect for the purposes of this Part. | |
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Part 2 | |
Local development | |
Survey | |
12 Survey of area | |
(1) The local planning authority must keep under review the matters which may | 5 |
be expected to affect the development of their area or the planning of its | |
development. | |
(2) These matters include— | |
(a) the principal physical, economic, social and environmental | |
characteristics of the area of the authority; | 10 |
(b) the principal purposes for which land is used in the area; | |
(c) the size, composition and distribution of the population of the area; | |
(d) the communications, transport system and traffic of the area; | |
(e) any other considerations which may be expected to affect those | |
matters; | 15 |
(f) such other matters as may be prescribed or as the Secretary of State (in | |
a particular case) may direct. | |
(3) The matters also include— | |
(a) any changes which the authority think may occur in relation to any | |
other matter; | 20 |
(b) the effect such changes are likely to have on the development of the | |
authority’s area or on the planning of such development. | |
(4) 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 | 25 |
authority. | |
(5) In exercising a function under subsection (4) a local planning authority must | |
consult with the local planning authority for the neighbouring area in question. | |
(6) If a neighbouring area is in Wales references to the local planning authority for | |
that area must be construed in accordance with Part 6. | 30 |
13 Survey of area: county councils | |
(1) A county council in respect of so much of their area for which there is a district | |
council must keep under review the matters which may be expected to affect | |
development of that area or the planning of its development in so far as the | |
development relates to a county matter. | 35 |
(2) Subsections (2) to (6) of section 12 apply for the purposes of subsection (1) as | |
they apply for the purposes of that section; and references to the local planning | |
authority must be construed as references to the county council. | |
(3) 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 so much of their area | 40 |
as is mentioned in subsection (1) such of the matters mentioned in section 12(1) | |
to (4) as he prescribes or directs (as the case may be). | |
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(4) For the purposes of subsection (3)— | |
(a) it is immaterial whether any development relates to a county matter; | |
(b) if a matter which is prescribed or in respect of which the Secretary of | |
State gives a direction falls within section 12(4) the county council must | |
consult the local planning authority for the area in question. | 5 |
(5) 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). | |
(6) References to a county matter must be construed in accordance with paragraph | |
1 of Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i)). | 10 |
Development schemes | |
14 Local development scheme | |
(1) The local planning authority must prepare and maintain a scheme to be known | |
as their local development scheme. | |
(2) The scheme must specify— | 15 |
(a) the documents which are to be local development documents; | |
(b) the subject matter and geographical area to which each document is to | |
relate; | |
(c) which documents are to be development plan documents; | |
(d) which documents (if any) are to be prepared jointly with one or more | 20 |
other local planning authorities; | |
(e) any matter or area in respect of which the authority have agreed (or | |
propose to agree) to the constitution of a joint committee under section | |
28; | |
(f) the timetable for the preparation and revision of the documents; | 25 |
(g) such other matters as are prescribed. | |
(3) The local planning authority must — | |
(a) prepare the scheme in accordance with such other requirements as are | |
prescribed; | |
(b) submit the scheme to the Secretary of State at such time as is prescribed | 30 |
or as the Secretary of State (in a particular case) directs; | |
(c) at that time send a copy of the scheme to the RPB or (if the authority are | |
a London borough) to the Mayor of London. | |
(4) The Secretary of State may direct the local planning authority to make such | |
amendments to the scheme as he thinks appropriate. | 35 |
(5) Such a direction must contain the Secretary of State’s reasons for giving it. | |
(6) The local planning authority must comply with a direction given under | |
subsection (4). | |
(7) The Secretary of State may make regulations as to the following matters— | |
(a) publicity about the scheme; | 40 |
(b) making the scheme available for inspection by the public; | |
(c) requirements to be met for the purpose of bringing the scheme into | |
effect. | |
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(8) The local planning authority must revise their local development scheme— | |
(a) at such time as they consider appropriate; | |
(b) when directed to do so by the Secretary of State. | |
(9) Subsections (2) to (7) apply to the revision of a scheme as they apply to the | |
preparation of the scheme. | 5 |
15 Minerals and waste development scheme | |
(1) 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. | |
(2) Section 14 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals | 10 |
and waste development scheme as it applies in relation to a local development | |
scheme. | |
(3) This Part applies to a minerals and waste development scheme as it applies to | |
a local development scheme and for that purpose— | |
(a) references to a local development scheme include references to a | 15 |
minerals and waste development scheme; | |
(b) references to a local planning authority include references to a county | |
council. | |
(4) But subsection (3) does not apply to— | |
(a) section 16(3); | 20 |
(b) section 23(1)(b), (4) and (7); | |
(c) the references in section 23(5) to subsection (4) and the Mayor; | |
(d) sections 28 to 30. | |
Documents | |
16 Local development documents | 25 |
(1) Documents which must be specified in the local development scheme as local | |
development documents are— | |
(a) documents of such descriptions as are prescribed; | |
(b) the local planning authority’s statement of community involvement. | |
(2) The local planning authority may also specify in the scheme such other | 30 |
documents as they think are appropriate. | |
(3) The 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. | |
(4) In the case of the documents which are included in a minerals and waste | 35 |
development scheme they must also (taken as a whole) set out the authority’s | |
policies (however expressed) in relation to development which is a county | |
matter within the meaning of paragraph 1 of Schedule 1 to the principal Act | |
(ignoring sub-paragraph (1)(i)). | |
(5) If to any extent a policy set out in a local development document conflicts with | 40 |
any other statement or information in the document the conflict must be | |
resolved in favour of the policy. | |
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(6) The authority must keep under review their local development documents | |
having regard to the results of any review carried out under section 12 or 13. | |
(7) Regulations under this section may prescribe— | |
(a) which descriptions of local development documents are development | |
plan documents; | 5 |
(b) the form and content of the local development documents; | |
(c) the time at which any step in the preparation of any such document | |
must be taken. | |
(8) A document is a local development document only in so far as it or any part of | |
it— | 10 |
(a) is adopted by resolution of the local planning authority as a local | |
development document; | |
(b) is approved by the Secretary of State under section 20 or 26. | |
17 Statement of community involvement | |
(1) The local planning authority must prepare a statement of community | 15 |
involvement. | |
(2) 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 18, 25 and 27 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 | 20 |
in their area. | |
(3) For the purposes of sections 18(2) and 23 the statement of community | |
involvement is not a local development document. | |
(4) Section 19 applies to the statement of community involvement as if it were a | |
development plan document. | 25 |
(5) But in section 19(5)(a)— | |
(a) the reference to section 18 must be construed as if it does not include a | |
reference to subsection (2) of that section; | |
(b) the reference to section 23(1) must be ignored. | |
(6) In the following provisions of this Part references to a development plan | 30 |
document include references to the statement of community involvement— | |
(a) section 21; | |
(b) section 22(2) to (5). | |
18 Preparation of local development documents | |
(1) Local development documents must be prepared in accordance with the local | 35 |
development scheme. | |
(2) In preparing a local development document the local planning authority must | |
have regard to— | |
(a) national policies and advice contained in guidance issued by the | |
Secretary of State; | 40 |
(b) the RSS for the region in which the area of the authority is situated, if | |
the area is outside Greater London; | |
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(c) the spatial development strategy if the authority are a London borough | |
or if any part of the authority’s area adjoins Greater London; | |
(d) the RSS for any region which adjoins the area of the authority; | |
(e) the Wales Spatial Plan if any part of the authority’s area adjoins Wales; | |
(f) the community strategy prepared by the authority; | 5 |
(g) the community strategy for any other authority whose area comprises | |
any part of the area of the local planning authority; | |
(h) any other local development document which has been adopted by the | |
authority; | |
(i) the resources likely to be available for implementing the proposals in | 10 |
the document; | |
(j) such other matters as the Secretary of State prescribes. | |
(3) In preparing the other local development documents the authority must also | |
comply with their statement of community involvement. | |
(4) But subsection (3) does not apply at any time before the authority have | 15 |
adopted their statement of community involvement. | |
(5) The local planning authority must also— | |
(a) carry out an appraisal of the sustainability of the proposals in each | |
document; | |
(b) prepare a report of the findings of the appraisal. | 20 |
(6) The Secretary of State may by regulations make provision— | |
(a) as to any further documents which must be prepared by the authority | |
in connection with the preparation of a local development document; | |
(b) as to the form and content of such documents. | |
(7) The community strategy is the strategy prepared by an authority under section | 25 |
4 of the Local Government Act 2000 (c. 22). | |
19 Independent examination | |
(1) The local planning authority must submit every development plan document | |
to the Secretary of State for independent examination. | |
(2) But the authority must not submit such a document unless— | 30 |
(a) they have complied with any relevant requirements contained in | |
regulations under this Part, and | |
(b) they think the document is ready for independent examination. | |
(3) The authority must also send to the Secretary of State (in addition to the | |
development plan document) such other documents (or copies of documents) | 35 |
and such information as is prescribed. | |
(4) The examination must be carried out by a person appointed by the Secretary of | |
State. | |
(5) The purpose of an independent examination is to determine in respect of the | |
development plan document— | 40 |
(a) whether it satisfies the requirements of sections 18 and 23(1), | |
regulations under section 16(7) and any regulations under section 35 | |
relating to the preparation of development plan documents; | |
(b) whether it is sound. | |
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