Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 1 — Regional functions
5

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;
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(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;
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(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.
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(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).
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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.
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(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—
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(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
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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;
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(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

Planning and Compulsory Purchase Bill
Part 1 — Regional functions
6

(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.
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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;
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(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;
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(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
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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.
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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.
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(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.
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(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.

Planning and Compulsory Purchase Bill
Part 2 — Local development
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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;
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(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;
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(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;
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(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.
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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.
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(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).

Planning and Compulsory Purchase Bill
Part 2 — Local development
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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.
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(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)).
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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—
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(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
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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;
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(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.
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(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;
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(b)
making the scheme available for inspection by the public;
(c)
requirements to be met for the purpose of bringing the scheme into
effect.

Planning and Compulsory Purchase Bill
Part 2 — Local development
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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
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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);
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(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
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(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.

Planning and Compulsory Purchase Bill
Part 2 — Local development
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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.
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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.
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(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).
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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;
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(b)
the RSS for the region in which the area of the authority is situated, if
the area is outside Greater London;

Planning and Compulsory Purchase Bill
Part 2 — Local development
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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.
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(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
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4 of the Local Government Act 2000 (c. 22).
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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)
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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.