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Statutory Instrument 2004 No. 2204The Town and Country Planning (Local Development) (England) Regulations 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 2204TOWN AND COUNTRY PLANNING, ENGLANDThe Town and Country Planning (Local Development) (England) Regulations 2004
The First Secretary of State, in exercise of the powers conferred upon him by sections 13(2)(f), 14(3) and (5), 15(2)(g), (3) and (7), 17(1)(a) and (7), 19(2)(j), 20(3), 24(3), 28(9) and (11), 31(6) and (7), 35(2) and (3) and 36 of the Planning and Compulsory Purchase Act 2004[1] and paragraph 4(2) of Schedule 4A to the Town and Country Planning Act 1990[2] and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, commencement and application 1. - (1) These Regulations may be cited as the Town and Country Planning (Local Development) (England) Regulations 2004 and shall come into force on 28th September 2004. (2) These Regulations apply in relation to England only. Interpretation 2. - (1) In these Regulations-
(b) bodies which represent the interests of different racial, ethnic or national groups in the authority's area, (c) bodies which represent the interests of different religious groups in the authority's area, (d) bodies which represent the interests of disabled persons in the authority's area, (e) bodies which represent the interests of persons carrying on business in the authority's area;
(b) a county council referred to in section 16(1), (c) a parish council;
(ii) the Environment Agency[10], (iii) the Historic Buildings and Monuments Commission for England[11], (iv) English Nature[12], (v) the Strategic Rail Authority[13], (vi) the Highways Agency, (vii) a relevant authority any part of whose area is in or adjoins the area of the local planning authority, (viii) a Regional Development Agency[14] whose area is in or adjoins the area of the local planning authority, (ix) any person-
(bb) who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority, (x) if it exercises functions in any part of the local planning authority's area
(bb) a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989[16], (cc) a person to whom a licence has been granted under section 7(2) of the Gas Act 1986[17], (dd) a sewerage undertaker, (ee) a water undertaker; (b) if the authority are a London borough council, means the Mayor of London and the bodies specified or described in paragraph (a)(i) to (x);
(2) In these Regulations any reference to a section is a reference to a section of the Act unless otherwise stated.
(b) a minerals and waste development scheme as they have effect in relation to a local development scheme and for that purpose-
(ii) references to a local planning authority include references to a county council within the meaning of section 16(1). (2) Regulations 5, 12(3) and 47 have no effect in relation to minerals and waste development schemes.
(ii) notify another person of any matter; and (b) that other person has an address for the purposes of electronic communications; the document, copy, notice or notification may be sent or made by way of electronic communications.
(b) by way of electronic communications. (3) Where-
(b) the communication is received by the recipient outside his office hours, it shall be taken to have been received on the next working day, and in this regulation "working day" means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday. Survey of area: county councils 5. - (1) Each county council shall keep under review, in relation to that part of their area for which there is a district council, the following matters -
(b) the size, composition and distribution of the population of the area; (c) the communications, transport system and traffic of the area; (d) any other considerations which may be expected to affect those matters. (2) The persons prescribed for the purposes of section 14(5) are-
(b) if the regional planning body within whose area the area of the county council lies requests a copy of the results of the review under section 14(3), that body. Documents to be specified in local development schemes as local development documents 6. - (1) The descriptions of document prescribed for the purposes of section 17(1)(a) which must be specified as LDDs in a local development scheme are-
(ii) objectives relating to design and access which the local planning authority wish to encourage during any specified period; (iii) any environmental, social and economic objectives which are relevant to the attainment of the development and use of land mentioned in paragraph (i); (iv) the authority's general policies in respect of the matters referred to in paragraphs (i) to (iii); and (b) where a document of the description mentioned in paragraph (a) contains policies applying to sites or areas by reference to an Ordnance Survey map, an LDD which accompanies a DPD and shows how the adopted proposals map is to be amended as a result of the submission of that DPD to the Secretary of State under regulation 28. (2) The descriptions of other documents prescribed for the purposes of section 17(1)(a) which, if prepared, must be specified as LDDs in a local development scheme are-
(ii) identifies that area as an area of significant change or special conservation; and (iii) contains the authority's policies relevant to areas of significant change or special conservation; and (b) any other document which includes a site allocation policy. (3) A document of the description in paragraph (1)(a) is referred to in the following provisions of these Regulations as a core strategy.
(b) is revised in the manner specified in regulation 9, and (c) consists of text and maps, of which the text prevails if the map and text conflict. Documents which must be development plan documents
(b) area action plans, and (c) any other document which includes a site allocation policy. Additional matters to be specified in local development schemes and revisions of such schemes
(ii) its proposed subject matter, and (iii) the area proposed to be covered by the document; (b) in relation to each document to be specified in the scheme or revision as an SPD, the month and year in which the local planning authority or county council (as the case may be) intends to-
(ii) adopt the document; (c) in relation to each document to be specified in the scheme or revision as a DPD and the local planning authority's statement of community involvement, the date on which the local planning authority intends to comply with-
(ii) section 20(1); and (d) in relation to proposals to which any of paragraphs 4, 5, 9 and 10 of Schedule 8 to the Act applies-
(ii) where the proposals are for the alteration of a plan, the area and subject matter of the proposals. Other requirements for the preparation of local development schemes
(b) so as to illustrate geographically the application of the policies in the DPD or revision. Submission of local development schemes to the Secretary of State
(b) sending to him 4 copies of the scheme in paper form. Bringing local development schemes and revisions of such schemes into effect
(b) the local planning authority shall -
(ii) shall specify in that resolution the date from which the scheme shall have effect. (2) The requirement of this paragraph is that, before the end of the relevant period, the local planning authority has received from the Secretary of State notice that he does not intend to give them a direction under section 15(4).
(b) a direction under section 15(4), or (c) notice that the Secretary of State requires more time to consider the scheme. (4) The requirements of this paragraph are that the local planning authority have received a direction under section 15(4) and have either-
(b) received notice that it has been withdrawn. (5) The requirements of this paragraph are that the local planning authority have received notice that the Secretary of State requires more time to consider the scheme, and either -
(b) the requirements of paragraph (4) are satisfied. (6) In this regulation "relevant period" means the period of 4 weeks starting on the day on which the authority submit the scheme to the Secretary of State under section 15(3)(b).
(b) publish the scheme on their website. (2) Where a revision to a local development scheme takes effect under regulation 11, within 2 weeks a local planning authority must incorporate the revision into the scheme made available for inspection and published under paragraph (1).
(b) the scheme incorporating the revision, to any local planning authority any part of whose area is within so much of the area of the county council as is mentioned in section 16(1). Form and content of local development documents: general 13. - (1) Subject to paragraph (9), an LDD must contain a reasoned justification of the policies contained in it. (2) Subject to paragraph (9), those parts of an LDD which comprise the policies of the LDD and those parts which comprise the reasoned justification required by paragraph (1) must be clearly identified. (3) An LDD must contain -
(ii) indicate whether the document is a DPD or a SPD; and (b) a sub-title which must indicate-
(ii) the date on which the document is adopted. (4) Subject to paragraph (9), and only if it includes a site allocation policy, a DPD must include a submission proposals map showing the changes which will result to the adopted proposals map if the DPD is adopted.
(b) in any other case, the policies in the development plan as referred to in paragraph 1(1)(b) of Schedule 8 to the Act. (7) Paragraph (6) does not apply in a case falling within paragraph (b) of that paragraph where the policies in the DPD are intended to supersede an old policy as defined in paragraph 1(4) of Schedule 8 to the Act.
(b) the policies in any other DPD, or (c) if neither paragraph (a) nor (b) applies, an old policy. (9) Paragraphs (1), (2), (4) and (6) do not apply to the submission proposals map or the adopted proposals map.
(b) show National Grid lines and reference numbers; and (c) include an explanation of any symbol or notation which it uses. (2) The adopted proposals map may contain a map, called an inset map, which must-
(b) be drawn to a larger scale than the map referred to in paragraph (1); and (c) show the application of the local planning authority's policies to part of the authority's area. (3) Where the adopted proposals map includes an inset map-
(b) the application of the local planning authority's policies to that area must be shown on the inset map only. (4) When the adopted proposals map is first adopted it must illustrate geographically the application of-
(b) an old policy which applies at that time. Local development documents: additional matters to which regard to be had
(b) any local transport plan, the policies of which affect any part of the local planning authority's area; (c) any other policies prepared under section 108(1) and (2) of the Transport Act 2000 which affect any part of the local planning authority's area[20]; (d) the objectives of preventing major accidents and limiting the consequences of such accidents; (e) the need-
(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances[21] so as not to increase the risks to people (f) the national waste strategy; (2) Expressions appearing both in paragraph (1) and in Council Directive 96/82/EC (as amended by Council Directive 2003/105/EC[22]) have the same meaning as in that Directive. Application and interpretation of Part 5 16. - (1) This Part applies to SPDs only. (2) In this Part-
(b) that any person aggrieved by the SPD may apply to the High Court for permission to apply for judicial review of the decision to adopt the SPD; and (c) that any such application for leave must be made promptly and in any event not later than 3 months after the date on which the SPD was adopted;
(b) the sustainability appraisal report, (c) the consultation statement, and (d) such supporting documents as in the opinion of the authority are relevant to the preparation of the SPD; and
(b) the subject matter of, and the area covered by, the SPD, (c) the period within which representations about the SPD must be made in accordance with regulation 18(2)(a), (d) the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 18(2)(b), (e) a statement that any representations may be accompanied by a request to be notified at a specified address of the adoption of the SPD. Public participation
(ii) at such other places within their area as the authority consider appropriate; and (b) prepare a statement setting out-
(ii) how those persons were consulted, (iii) a summary of the main issues raised in those consultations, (iv) how those issues have been addressed in the SPD. (2) At the time the authority comply with paragraph (1)(a) they must-
(ii) the SPD matters, and (iii) a statement of the fact that the SPD documents are available for inspection and of the places and times at which they can be inspected; (b) send to the bodies specified in paragraph (3)-
(ii) the sustainability appraisal report, (iii) the consultation statement, (iv) such of the supporting documents as are relevant to the body to which the documents are being sent, (v) notice of the SPD matters, and (vi) the statement referred to in paragraph (a)(iii); (c) give notice by local advertisement of-
(ii) the fact that the SPD documents are available for inspection and the places and times at which they can be inspected; and (d) make a request under section 24(2)(b) or (4)(b) (conformity with regional strategy). (3) The bodies referred to in paragraph (2)(b) are-
(b) such of the general consultation bodies as the local planning authority consider appropriate. Representations on supplementary planning documents
(b) sent to the address and, where appropriate, the person, specified pursuant to regulation 17(2). (3) The period referred to in paragraph (2)(a) must be a period of not less than 4 weeks or more than 6 weeks starting on the day on which the local planning authority complies with regulation 17(1).
(b) have prepared a statement setting out-
(ii) how these main issues have been addressed in the SPD which they intend to adopt. Adoption of supplementary planning documents
(ii) an adoption statement, and (iii) the SPD; (b) publish on their website-
(ii) the adoption statement; and (c) send the adoption statement to any person who has asked to be notified of the adoption of the SPD. Withdrawal of a supplementary planning document
(b) notify-
(ii) any person who has made a representation in accordance with regulation 18(2), of that fact; and Revocation of a supplementary planning document
(b) it contains policies relating to the development of a site specified in the SPD, and that development has been completed. Direction not to adopt a supplementary planning document
(b) to send to him a copy of the SPD made available under regulation 17(1)(a). (2) If the Secretary of State issues the first-mentioned direction in paragraph (1), the authority must-
(bb) at such other places within their area as the authority consider appropriate; and (ii) send a copy of the SPD to the Secretary of State; (b) if the direction is made after they have complied with regulation 17-
(ii) publish the direction on their website. (3) The first-mentioned direction in paragraph (1) shall be treated as withdrawn on the date on which the authority receive -
(b) the Secretary of State's direction under section 21(1). Direction to modify a supplementary planning document
(b) publish the direction on their website; and (c) at the time they comply with regulation 19-
(ii) publish on their website,
(bb) the Secretary of State's notice under section 21(2)(b). Application and interpretation of Part 6 24. - (1) This Part applies to a local planning authority's statement of community involvement as it applies to a DPD; and accordingly, unless otherwise indicated, any reference in this Part to a DPD includes a reference to a statement of community involvement. (2) This Part applies to a submission proposals map as it applies to a DPD; and accordingly, with the exception of regulations 25 and 26, any reference in this Part to a DPD includes a reference to a submission proposals map. (3) With the exception of regulation 45(b), regulations 40 to 44 apply to any part of a DPD as they apply to the whole of a DPD. (4) In this Part-
(b) that a person aggrieved by the DPD may make an application to the High Court under section 113; (c) of the grounds on which, and the time within which, such an application may be made; (d) that a person aggrieved by a statement of community involvement may apply to the High Court for permission to apply for judicial review of the decision to adopt the statement; and (e) that any such application must be made promptly and in any event not later than 3 months after the day on which the statement was adopted;
(b) where the Secretary of State decides to approve a DPD, or to approve a DPD subject to modifications, a statement-
(ii) that a person aggrieved by the DPD may make an application to the High Court under section 113, and (iii) of the grounds on which, and the time within which, such an application may be made;
(b) the sustainability appraisal report, (c) the pre-submission consultation statement, (d) such supporting documents as in the opinion of the authority are relevant to the preparation of the DPD;
(b) the subject matter of , and the area covered by, the DPD, (c) the period within which representations about the DPD must be made in accordance with regulation 29(1), (d) the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 29(1), (e) a statement that representations may be accompanied by a request to be notified at a specified address of the publication of the recommendations of the person appointed to carry out an examination under section 20 or the adoption of the DPD or both;
(b) the proposed subject matter and area of the DPD, (c) the period within which representations on the proposals may be made in accordance with regulation 27(2)(a), (d) the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 27(2)(b), (e) a statement that any representations may be accompanied by a request to be notified at a specified address that the DPD has been submitted to the Secretary of State for independent examination under section 20 and of the adoption of the DPD; and
(b) altering any site allocation policy in the DPD. Pre-submission consultation
(b) such of the general consultation bodies as the local planning authority consider appropriate. (2) If the document is the local planning authority's statement of community involvement, the requirement referred to in paragraph (1)(a) is satisfied -
(ii) each relevant authority any part of whose area is in or adjoins the area of the local planning authority; and (iii) the Highways Agency; (b) by a London borough council, if they consult -
(ii) each relevant authority any part of whose area is in or adjoins the area of the local planning authority; and (iii) the Highways Agency. Pre-submission public participation
(ii) at such other places within their area as the authority consider appropriate; (b) publish on their website-
(ii) the proposals matters, (iii) a statement of the fact that the pre-submission proposals documents are available for inspection and the places and times at which they can be inspected; (c) send to the DPD bodies-
(ii) such supporting documents as are relevant to the body to which the documents are being sent, (iii) notice of the proposals matters, (iv) the statement in paragraph (b)(iii); and (d) give notice by local advertisement of-
(ii) the fact that the pre-submission proposals documents are available for inspection and the places and times at which they can be inspected. Representations on proposals for a development plan document
(b) sent to the address and, where appropriate, the person specified pursuant to regulation 26(b) to (d). (3) A local planning authority shall not prepare and submit the DPD to the Secretary of State until they have considered any representations made in accordance with paragraph (2).
(b) if the authority have adopted their statement of community involvement, that statement; (c) a statement setting out-
(ii) how these bodies, and any other persons whom the authority have consulted, were consulted, (iii) a summary of the main issues raised in those consultations, and (iv) how those main issues have been addressed in the DPD; (d) a statement setting out-
(bb) a summary of the main issues raised in those representations, and (cc) how those main issues have been addressed in the DPD; or (ii) that no such representations were made; (e) such supporting documents as in the opinion of the authority are relevant to the preparation of the DPD. (2) Of the documents and statements mentioned or referred to in paragraph (1)-
(b) 1 copy of those mentioned or referred to in paragraphs (1)(a) to (d) and, if practicable, of those referred to in paragraph (1)(e), shall be sent electronically. (3) As soon as reasonably practicable after the authority submit a DPD to the Secretary of State they must-
(b) publish on their website-
(ii) the DPD matters, and (iii) a statement of the fact that the DPD documents are available for inspection and of the places and times at which they can be inspected; (c) send to each of the DPD bodies copies of-
(ii) the sustainability appraisal report, (iii) the pre-submission consultation statement, (iv) such of the supporting documents sent to the Secretary of State pursuant to paragraph (1)(e) as are relevant to that body, (v) notice of the DPD matters, and (vi) the statement referred to in paragraph (b)(iii); (d) give notice by local advertisement of-
(ii) the fact that the DPD documents are available for inspection and of the places and times at which they can be inspected; and (e) give notice to those persons who requested to be notified of the submission of the DPD to the Secretary of State that it has been so submitted. Representations on development plan documents
(b) where practicable, publish the representation on their website, (c) send to the Secretary of State-
(ii) copies of the representations, (iii) a summary of the main issues raised in the representations, or (iv) a statement that no representation has been made. (3) A local planning authority need not comply with paragraph 2(a) to (c)(iii) if the representation is made after the period specified in regulation 29(1).
(b) 1 copy electronically. Handling of representations: site allocation representations
(b) publish on their website-
(ii) the matters in paragraph (3), (iii) a statement of the fact that the site allocation representation is available for inspection and the places and times at which it can be inspected; (c) send to the DPD bodies-
(ii) notice of the matters in paragraph (3), (iii) a statement of the fact that the site allocation representation is available for inspection and the places and times at which it can be inspected; and (d) give notice by local advertisement of-
(ii) the fact that the site allocation representation is available for inspection and the places and times at which it can be inspected. (3) The matters referred to in paragraph (2) are-
(b) the address to which and, where appropriate, the person to whom-
(ii) representations by way of electronic communications, must be sent. Representations on a site allocation representation
(b) copies of all the representations, (c) a summary of the main issues raised in those representations, or (d) a statement that no such representations have been made. (3) The documents mentioned in paragraph (2) shall be submitted to the Secretary of State by sending-
(b) 1 copy electronically. (4) Before the person appointed to carry out the examination complies with section 20(7) he must consider any representations made in accordance with paragraph (1).
(b) notify any person who has made a representation in accordance with regulation 29(1) or 33(1), and not withdrawn that representation, of those matters; and (c) give notice by local advertisement of those matters. (3) The matters referred to in paragraph (2) are-
(b) the name of the person appointed to carry out the examination. Publication of the recommendations of the person appointed
(b) if the Secretary of State gives a direction under section 21(1) or (4) after the person appointed has complied with section 20(7), as soon as reasonably practicable after receipt of the direction. (2) When the local planning authority comply with section 20(8) they must-
(b) publish the recommendations and reasons on their website: and (c) give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published. Adoption of a development plan document
(ii) an adoption statement, and (iii) the sustainability appraisal report; (b) publish the adoption statement on their website;
(ii) the fact that the DPD is available for inspection and the places and times at which the document can be inspected, (d) send the adoption statement to any person who has asked to be notified of the adoption of the DPD; and Withdrawal of a development plan document
(b) give notice of that fact by local advertisement; (c) notify any body to which notification was given under regulation 26(c) of that fact; (d) remove any copies, documents, matters and statements made available or published under regulation 26(a) and (b). (2) As soon as reasonably practicable after a DPD is withdrawn under section 22(2) the local planning authority must comply with paragraph (1)(a) to (d) and in addition must-
(b) remove any copies, documents, representations, matters and statements made available or published under regulation 28(3)(a) and (b), 31(2), 32(2)(a) and (b) and 34(2)(a). Direction not to adopt a development plan document
(b) publish the direction on their website, (c) not adopt the DPD until the Secretary of State has notified them of his decision under paragraph (1). Direction to modify a development plan document
(b) publish the direction on their website; and (c) at the time they comply with regulation 36 publish and make available for inspection in accordance with that regulation-
(ii) the Secretary of State's notice under section 21(2)(b). Section 21(4) directions (call-in): supplementary
(ii) comply with regulation 30 as if references in that regulation to the local planning authority were references to the Secretary of State; and (b) the local planning authority must-
(bb) in accordance with that regulation, (ii) if the direction is given after the authority have complied with regulation 26-
(bb) publish the direction on their website; and (iii) subject to any necessary modifications, comply with the regulations in paragraph (3) as if they were preparing the DPD; (3) The regulations referred to in paragraph (2)(b)(iii) are regulations 26 to 34 (with the exception of regulation 30) and regulation 37 (ignoring paragraph (1)).
(b) his reasons for doing so. (2) As soon as reasonably practicable after the Secretary of State complies with paragraph (1) the local planning authority must-
(b) publish on their website-
(ii) the matters in paragraph (3), (iii) a statement of the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected; (c) send copies of the changes and reasons to the bodies in paragraph (4) and notify these bodies of the matters in paragraph (3); and
(ii) the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected. (3) The matters referred to in paragraph (2) are-
(b) the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent; and (c) a statement that any representations made may be accompanied by a request to be notified at a specified address of the Secretary of State's decision under section 21(9)(a). (4) The bodies referred to in paragraph (2)(c) are-
(b) such of the general consultation bodies as the Secretary of State considers appropriate. Representations on proposed changes (call-in)
(b) publish the recommendations and reasons on their website. Secretary of State's decision after section 21(4) direction (call-in)
(ii) a decision statement, (b) publish the decision statement on their website,
(ii) the fact that the DPD and the Secretary of State's reasons are available for inspection and the places where and times when the document and reasons can be inspected, and (d) send the decision statement to any person who has asked to be notified of the Secretary of State's decision under section 21(9)(a). Secretary of State's default power
(ii) as if references in those provisions to the local planning authority were references to the Secretary of State; (b) regulations 41 to 44 apply, subject to any necessary modifications and as if references to a local planning authority were references to the Secretary of State. Joint local development documents: corresponding documents 46. - (1) In relation to an agreement mentioned in section 28(1), the period prescribed for the purposes of section 28(9) is 3 months starting on the day on which any local planning authority which is a party to the agreement withdraws from it. (2) A corresponding document for the purposes of section 28(7) is a document which-
(b) with respect to the areas of the local planning authorities which prepared it, has substantially the same effect as the original joint document. (3) In paragraph (2)(b) "original joint document" means a joint LDD prepared pursuant to the agreement mentioned in paragraph (1).
(b) with respect to the area of the successor authority, has substantially the same effect as the original LDD. (3) For the purposes of section 31(3), a corresponding scheme is a scheme of a successor authority which-
(b) does not specify the original LDD, as a document which is to be an LDD. Annual monitoring report 48. - (1) The period prescribed for the purposes of section 35(3)(a) is the period of twelve months commencing on 1st April in each year and ending on 31st March in the following year. (2) The time prescribed for the purposes of section 35(3)(b) is nine months after the end of the period in respect of which the report is made. (3) An annual report must contain the following information-
(b) in relation to each of those documents-
(ii) the information referred to in regulation 8(b)(i) and (ii) or (c)(ii) (as the case may be), (iii) where, within the period in respect of which the report is made, the first step has been taken in the preparation of the document-
(bb) if the document's preparation is behind the timetable mentioned in paragraph (i) the reasons for this, and (cc) a timetable relating to the further steps that are likely to be taken for the preparation of the document; (c) where any document specified in the authority's local development scheme has been adopted or approved within the period in respect of which the report is made, a statement of that fact and of the date of adoption or approval;
(ii) a statement about the effect of the order and a comparison of that with the reasons given in the statement to be provided pursuant to paragraph (e)(i); (f) where the authority have revoked any local development order, a statement of the title of the order and the authority's reasons for revoking it. (4) Where an authority are not implementing a policy specified in a DPD or an old policy as defined in paragraph 1(4) of Schedule 8 to the Act, the annual report must identify that policy.
(b) the steps (if any) that the authority intend to take to secure that the policy is implemented; and (c) whether the authority intend to prepare a DPD or a revision of the DPD (as the case may be) to replace or amend the policy. (6) Paragraph (7) applies where a policy specified in a DPD or an old policy specifies-
(b) a number relating to any other period specified in-
(ii) the development plan for the purposes of paragraph 1(1) of Schedule 8 to the Act, of net additional dwellings in any part of the area of the authority. (7) Where this paragraph applies, the annual report must specify the number of dwellings built in the part of the authority's area concerned-
(b) since the policy referred to in paragraph (6) was first published, adopted or approved. (8) As soon as reasonably practicable after an authority make an annual report to the Secretary of State they must publish the report on their website. Availability of documents: general 49. - (1) This regulation does not apply to a document or revision which is made available or published under regulation 50. (2) Copies, documents, representations, directions, matters, notices or statements which under these Regulations are-
(b) published on a website, may be removed at the time specified in paragraph (3).
(b) where the copies, documents, representations, directions, matters, notices or statements relate to a DPD, is the end of the period of six weeks referred to in section 113(4) (period for challenging the validity of relevant documents) that applies as regards the DPD concerned. Availability of adopted or approved local development documents
(b) publish the LDD on their website. (3) Paragraph (4) applies where a local planning authority adopt, or the Secretary of State approves, a revision of an LDD.
(b) remove the copy of the LDD made available for inspection and published under paragraph (2); (c) take such other steps as they consider necessary to draw the revocation of the LDD to the attention of persons living or working in their area; and (d) if the document is a DPD, give notice of the revocation of the LDD by local advertisement. Copies of documents
(b) that document is not published pursuant to a requirement of Part 2 of the Act, and (c) the person is asked by another person for a copy of that document, the person first-mentioned must provide a copy of the document to that other person as soon as reasonably practicable after receipt of that other person's request.
(b) of a document published as required by or under Part 2 of the Act, may make a reasonable charge for the copy. (This note is not part of the Regulations) Part 2 of the Planning and Compulsory Purchase Act 2004 ("the Act") establishes a new system of local development planning in England. These Regulations make provision for the operation of that system. The Regulations prescribe the form and content of the local development scheme (to be prepared by local planning authorities ("LPAs")) and the procedure to be followed to bring it into effect (Part 3). The Act provides for two forms of local development documents ("LDDs"):- supplementary planning documents ("SPDs") and development plan documents ("DPDs"). The Regulations prescribe the form and content of LDDs (Part 4) and regulate the procedure to be followed in their preparation. The main steps in the SPD procedure are -
There are also provisions about the withdrawal or revocation of SPDs (regulations 20 and 21) and the intervention of the Secretary of State in the SPD preparation process (regulations 22 and 23).
There are also provisions about how different forms of representation on a DPD are to be handled (regulations 31 and 32), about the withdrawal of a DPD (regulation 37) and the intervention of the Secretary of State in the DPD preparation process (including provisions about DPDs directed by the Secretary of State to be submitted for his consideration) (regulations 38 to 45). Notes: [1]2004 c. 5. As to powers to prescribe, see section 122(1).back [2]1990 c. 8. Schedule 4A was inserted by Schedule 1 to the Planning and Compulsory Purchase Act 2004.back [3]1995 c. 50.back [4]2000 c. 7.back [5]The definition of "electronic communications apparatus" has been inserted into paragraph 1(1) of the electronic communications code by paragraph 2(2) of Schedule 3 to the Communications Act 2003 (c. 21).back [6]2003 c. 21.back [7]1990 c. 43.back [8]See regulation 2 of S.I. 1999/3280.back [9]See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97), as substituted by the Environmental Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 1, and as amended by S.I. 1999/416.back [10]See section 1(1) of the Environment Act 1995 (c. 25).back [11]See section 32 of the National Heritage Act 1983 (c. 47).back [12]See section 73(1) of the Countryside and Rights of Way Act 2000 (c. 37).back [13]See section 201 of the Transport Act 2000 (c. 38).back [14]See section 1 of the Regional Development Agencies Act 1998 (c. 45).back [15]See section 1(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).back [16]1989 (c. 29); section 6 was substituted by the Utilities Act 2000 (c. 27), section 30.back [17]1986 (c. 44); section 7 was substituted by the Gas Act 1995 (c. 45), and section 7(2) was amended by the Utilities Act 2000 (c. 27), sections 3(2), 76(1) and (3), and Schedule 6, paragraphs 1 and 4.back [18]See section 18 of the Planning and Compulsory Purchase Act 2004 (c. 5). A sustainability appraisal report is not required in respect of the local planning authority's statement of community involvement.back [19]1998 c. 45.back [20]2000 c. 38.back [21]O.J. No. L10, 14.1.1997, p. 13.back [22]O.J. No. L345, 31.12.2003, p. 0097-0105.back [23]1990 c. 8. Section 61A was inserted by section 40 of the Planning and Compulsory Purchase Act 2004 (c. 5).back ISBN0 11 049748 1 -- Back --
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