|
| |
|
| |
(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 |
| |
| |
(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 |
| |
| 25 |
(a) | a direction under subsection (1), |
| |
| |
(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 |
| |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| 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. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
(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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(4) | But subsection (3) does not apply to— |
| |
| 20 |
(b) | section 23(1)(b), (4) and (7); |
| |
(c) | the references in section 23(5) to subsection (4) and the Mayor; |
| |
| |
| |
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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(8) | A document is a local development document only in so far as it or any part of |
| |
| 10 |
(a) | is adopted by resolution of the local planning authority as a local |
| |
| |
(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 |
| |
(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 |
| |
(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— |
| |
| |
(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 |
| |
(2) | In preparing a local development document the local planning authority must |
| |
| |
(a) | national policies and advice contained in guidance issued by the |
| |
| 40 |
(b) | the RSS for the region in which the area of the authority is situated, if |
| |
the area is outside Greater London; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(i) | the resources likely to be available for implementing the proposals in |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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; |
| |
| |
|
| |
|