United Kingdom Statutory Instruments

"the Act" means the Planning and Compulsory Purchase Act 2004;

"DPD" means development plan document;

"LDD" means local development document;

"SPD" means supplementary planning document;

"address" in relation to electronic communications means any number or address used for the purposes of such communications;

"adopted proposals map" means a document of the description referred to in regulation 6(6);

"by local advertisement" means by publication on at least one occasion in a local newspaper circulating in the whole of the area of the local planning authority;

"core strategy" means a document of the description referred to in regulation 6(3);

(a) the principal physical, economic, social and environmental characteristics of the authority;

(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-

(a) any local planning authority any part of whose area lies within the area of the county council; and

(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.

(a) any document containing statements of - 


(i) the development and use of land which the local planning authority wish to encourage during any specified period;

(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-

(a) any document which-


(i) relates to part of the area of the local planning authority;

(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.

    (4) A document of the description in paragraph (2)(a) is referred to in the following provisions of these Regulations as an area action plan.

    (5) A document of the description in paragraph (1)(b) is referred to in the following provisions of these Regulations as a submission proposals map.

    (6) In paragraph (1)(b) "the adopted proposals map" means a document which-

(a) when first adopted shows the matters specified in regulation 14(4),

(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.

(a) a title which must-


(i) name the local planning authority by which the LDD is prepared, and

(ii) indicate whether the document is a DPD or a SPD; and



(b) a sub-title which must indicate-



(i) the subject matter of the document, and

(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.

    (5) Where a DPD contains a policy that is intended to supersede another policy, it must state that fact and identify the superceded policy.

    (6) Subject to paragraphs (7), (9) and (10), the policies contained in a DPD must be in conformity with either - 

(a) where a core strategy has been adopted, the policies in the core strategy, or

(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.

    (8) The policies in an SPD must be in conformity with-

(a) the policies in the core strategy,

(b) the policies in any other DPD, or

(c) if neither paragraph (a) nor (b) applies, an old policy.

"adoption statement" means a document that specifies-

(a) the date on which an SPD is adopted, and

(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;

"consultation statement" means the statement prepared under regulation 17(1);

"SPD documents" means-

(a) the SPD,

(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

"SPD matters" means-

(a) the title of the SPD,

(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.

"adoption statement" means a statement-

(a) of the date on which a DPD is adopted;

(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;

"decision statement" means-

(a) a statement that the Secretary of State has decided to approve, approve subject to modifications, or reject a DPD (as the case may be),

(b) where the Secretary of State decides to approve a DPD, or to approve a DPD subject to modifications, a statement-


(i) of the date on which the DPD is adopted,

(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;

"DPD bodies" means the bodies consulted by a local planning authority under regulation 25;

"DPD documents" means the following documents-

(a) the DPD,

(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;

"DPD matters" means the following matters-

(a) the title 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;

"pre-submission consultation statement" means the statement prepared pursuant to regulation 28(1)(c);

"pre-submission proposals documents" means the authority's proposals for the DPD and such supporting documents as in the opinion of the authority are relevant to those proposals;

"proposals matters" means the following matters-

(a) the proposed title of the DPD,

(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

"site allocation representation" means any representation which seeks to change a DPD by-

(a) adding a site allocation policy to the DPD, or

(b) altering any site allocation policy in the DPD.

(a) does not relate to any part of the area of the authority that has withdrawn from the agreement; and

(b) with respect to the areas of the local planning authorities which prepared it, has substantially the same effect as the original joint document.

(a) made available for inspection, or

(b) published on a website,

may be removed at the time specified in paragraph (3).

    (3) The time mentioned in paragraph (2)-

(a) where the copies, documents, representations, directions, matters, notices or statements relate to an SPD or to the local planning authority's statement of community involvement, is 3 months after the day on which the SPD or statement of community involvement is adopted;

(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.

publication of the SPD and consultation with certain bodies about it (regulation 17);

consideration of representations made about the SPD (regulation 18);

adoption of the SPD by the LPA (regulation 19).

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).

The main steps in the DPD procedure are - 

publication of the proposals for a DPD and consultation with certain bodies about those proposals (regulations 25 and 26);

consideration of representations made about the DPD proposals (regulation 27);

submission of the DPD to the Secretary of State (regulation 28);

representations made about the DPD (regulation 29);

independent examination of the DPD, including consideration of representations made, by a person appointed by the Secretary of State (regulation 34);

publication of the recommendations of the person appointed to carry out the examination (regulation 35);

adoption of the DPD by the LPA (regulation 36).

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).

The Regulations also make provision for the preparation of joint LDDs (regulation 46) and the operation of joint committees (comprising two or more local planning authorities) (regulation 47). They also require the preparation by the LPA of an annual monitoring report (regulation 48), make provision about electronic communications (regulation 4) and about the availability of documents (Part 9).

The Regulations apply to county councils for the purposes of minerals and waste development planning as they apply to LPAs for local development planning purposes.