The Town and Country Planning (Local Planning) (England) Regulations 2026
Summary
The UK Secretary of State has issued The Town and Country Planning (Local Planning) (England) Regulations 2026, which come into force on March 25, 2026. These regulations provide updated rules for local planning authorities in England, exercising powers under the Planning and Compulsory Purchase Act 2004.
What changed
The Town and Country Planning (Local Planning) (England) Regulations 2026 have been made by the Secretary of State and will come into force on March 25, 2026. These regulations, made under powers in the Planning and Compulsory Purchase Act 2004, apply to England and provide updated definitions and procedures for local planning authorities and minerals and waste planning authorities.
These regulations establish new frameworks and definitions for local planning processes in England. Regulated entities, specifically local planning authorities and minerals and waste planning authorities, should review these regulations to understand any changes to their procedural obligations regarding plan examination, consultation, and electronic communications in planning matters. The regulations extend to England and Wales but apply only to England.
What to do next
- Review The Town and Country Planning (Local Planning) (England) Regulations 2026 for changes to local planning procedures.
- Ensure compliance with updated definitions and requirements for local planning authorities and minerals and waste planning authorities.
Source document (simplified)
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
2026 No. 186
TOWN AND COUNTRY PLANNING, ENGLAND
The Town and Country Planning (Local Planning) (England) Regulations 2026
Made
at 8.19 a.m. on 3rd March 2026
Laid before Parliament
4th March 2026
Coming into force
25th March 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 15B(5), (10) and (11), 15BA(3)(b) and (4), 15BB(4), 15C(5), 15CA(3), (6)(i) and (8)(a), (b), (c), (d), (e), (g), (h), 15CB(4) and (8), 15CC(11) and (12), 15D(1) and (2), 15DA(3)(b), 15DB(4), 15G(2)(c), 15IB(4) and (5), 15IC(10) and (11), 15JB(6) and (7), 15LD(2)(a) and (b), 15LE(1) and (2)(d), (e), (f), (g), (h), (m), (n) and (p), 17(6A) and (7), 19(2)(j), 20(3), 25(b), 28(9) and (11), 28C(6) and (7), 31(6) and (7), 33A(1)(c) and (9), 35(2), 36 and 122(3)(a) and (b) of the Planning and Compulsory Purchase Act 2004(1).
Part 1 GENERAL
Citation, commencement, extent and application
- —(1) These Regulations may be cited as the Town and Country Planning (Local Planning) (England) Regulations 2026.
(2) These Regulations come into force on 25th March 2026.
(3) These Regulations extend to England and Wales and apply in relation to England only.
Interpretation
- —(1) In these Regulations, a planning authority is either—
(a) a local planning authority(2), or
(b) a minerals and waste planning authority(3).
(2) In these Regulations—
“ the Act ” means the Planning and Compulsory Purchase Act 2004;
(a) a number or address used for the purposes of sending or receiving documents or information by electronic means;
(b) a postal address;
“ education functions ” means the functions specified in Schedule 36A to the Education Act 1996 (4);
“ electronic communication ” has the same meaning as in section 15 (1) of the Electronic Communications Act 2000 (5);
“ electronic communications apparatus ” has the same meaning as in paragraph 5(1) of the electronic communications code;
“ electronic communications code ” has the same meaning as in section 106 (1) of the Communications Act 2003 (6);
(a) in Part 4, the person appointed to carry out the independent examination of a local plan(7) by the Secretary of State under section 15D(4) of the Act;
(b) in Part 5, the person appointed to carry out the independent examination of a minerals and waste plan document by the Secretary of State under section 15D(4) of the Act(8);
(c) in Part 6, the person appointed by the Secretary of State under section 15DB(2)(a) of the Act, or the person to whom the supplementary plan(9) is submitted under section 15DB(2)(b) of the Act;
“ general consultation bodies ” means—
(a) voluntary bodies, some or all of whose activities benefit all or part of the planning authority’s area;
(b) bodies which represent the interests of persons in the planning authority’s area who share a protected characteristic under the Equality Act 2010(10);
(c) bodies which represent the interests of persons carrying on business in the planning authority’s area;
“ inspection ” means inspection by the public;
“ Integrated Transport Authority ” means—
(a) an authority which is known as an Integrated Transport Authority as a result of section 77(2) of the Local Transport Act 2008(11) (change of name of passenger transport areas and PTAs), or
(b) an authority established under Part 5 of that Act (Integrated Transport Authorities etc.);
“ lead local flood authority ” means—
(a) the unitary authority for the area, or
(b) if there is no unitary authority, the county council for the area;
(a) a county council;
(b) a metropolitan district council(12);
(c) a non-metropolitan district council(13) for an area for which there is no county council;
(d) a London borough council;
(e) the Common Council of the City of London in its capacity as a local authority;
“ local policing body ” means—
(a) a police and crime commissioner elected under section 1 of the Police Reform and Social Responsibility Act 2011 (14);
(b) the Mayor’s Office for Policing and Crime established under section 3 of the Police Reform and Social Responsibility Act 2011;
(c) the Common Council of the City of London in its capacity as a police authority;
“ map of proposed local plan policies ” means the document referred to in regulation 25;
“ map of proposed minerals and waste plan document policies ” means the document referred to in regulation 50;
“ map of proposed supplementary plan policies ” means the document referred to in regulation 69;
“ minerals and waste plan document ” means a document which is to be or form part of the minerals and waste plan(15);
“ neighbourhood forum ” means an organisation or body designated as such under section 61F (3) of the Town and Country Planning Act 1990 (16);
“ notice of content and evidence consultation ” has the meaning given in regulation 48 (5);
“ notice of intention to commence local plan preparation ” means the document referred to in regulation 19;
“ notice of intention to commence minerals and waste plan document preparation ” means the document referred to in regulation 44;
“ notice of intention to commence supplementary plan preparation ” means the document referred to in regulation 68;
“ notice of plan content and evidence consultation ” has the meaning given in regulation 23 (5);
“ notice of proposed local plan consultation ” has the meaning given in regulation 27 (5);
“ notice of proposed minerals and waste plan document consultation ” has the meaning given in regulation 52 (5);
“ notice of proposed supplementary plan consultation ” has the meaning given in regulation 70 (7);
“ notice of scoping consultation ”—
(a) in relation to a local plan, has the meaning given in regulation 20 (5);
(b) in relation to a minerals and waste plan document, has the meaning given in regulation 45 (5);
“ Ordnance Survey map ” means an Ordnance Map or a map on a similar base at a registered scale;
“ planning authority’s area ” in relation to a minerals and waste planning authority, means that authority’s relevant area(17);
“ proposed local plan content and evidence ” has the meaning given in regulation 23 (5);
“ proposed local plan submission documents ” has the meaning given in regulation 27 (5);
“ proposed minerals and waste plan document content and evidence ” has the meaning given in regulation 48 (5);
“ proposed minerals and waste plan document submission documents ” has the meaning given in regulation 52 (5);
“ proposed supplementary plan submission documents ” has the meaning given in regulation 70 (7);
(a) in relation to a joint local plan(18), a local planning authority who are one of the relevant authorities in relation to that plan for the purposes of section 15IA of the Act;
(b) in relation to a joint minerals and waste plan document(19), a minerals and waste planning authority who are one of the relevant authorities in relation to that document for the purposes of section 15IA of the Act(20);
(c) in relation to a joint supplementary plan(21), a local planning authority or (as the case may be) a minerals and waste planning authority who are one of the relevant authorities in relation to that plan for the purposes of section 15IC of the Act;
“ relevant consultation body ” means—
(a) a local planning authority;
(b) a minerals and waste planning authority;
(c) a parish council;
(d) a local policing body;
(e) a combined authority established under section 103 (1) of the Local Democracy, Economic Development and Construction Act 2009 (22);
(f) a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023 (23);
“ self-assessment summary ” means—
(a) in relation to a local plan, the document referred to in regulation 21;
(b) in relation to a minerals and waste plan document, the document referred to in regulation 46;
“ specific consultation bodies ” means—
(a) Active Travel England(24);
(b) any person—
(i) to whom the electronic communications code applies as a result of a direction given under section 106 (3) (a) of the Communications Act 2003, and
(ii) who owns or controls electronic communications apparatus situated in the planning authority’s area;
(c) Canal & River Trust(25);
(d) the Civil Aviation Authority(26);
(e) the Coal Authority(27);
(f) the English Sports Council(28);
(g) the Environment Agency(29);
(h) the Forestry Commission(30);
(i) a highway authority within the meaning in section 1 of the Highways Act 1980 (31), any part of whose area is in or adjoins the planning authority’s area (including the Secretary of State, where the Secretary of State is the highways authority);
(j) the Historic Buildings and Monuments Commission for England(32);
(k) the Homes and Communities Agency(33);
(l) if it exercises functions in the planning authority’s area—
(i) an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006 (34),
(ii) a person to whom a licence has been granted under section 6 (1) (b) or (c) of the Electricity Act 1989 (35) (licences authorising supply, etc.),
(iii) a person to whom a licence has been granted under section 7 (2) of the Gas Act 1986 (36) (licensing of public gas transporters),
(iv) a sewerage undertaker appointed under section 6 (1) of the Water Industry Act 1991 (37), and
(v) a water undertaker appointed under section 6 (1) of the Water Industry Act 1991;
(m) an Integrated Transport Authority for an integrated transport area within the meaning in section 77(1) of the Local Transport Act 2008(38), which is in or adjoins the planning authority’s area;
(n) the Marine Management Organisation(39);
(o) Natural England(40);
(p) a neighbourhood forum any part of whose area is in or adjoins the planning authority’s area;
(q) Network Rail Infrastructure Limited(41);
(r) the Office for Nuclear Regulation(42);
(s) the Office of Rail and Road(43);
(t) where the planning authority are a London borough council or any part of their area adjoins Greater London(44), Transport for London(45);
(u) a relevant consultation body any part of whose area is in or adjoins the planning authority’s area;
(v) where the planning authority are a London borough council, the Mayor of London;
(w) where the planning authority are not responsible for discharging education functions in their area, the local authority with that responsibility;
(x) where the planning authority are not the lead local flood authority for their area, that lead local flood authority;
(y) the responsible authority for a local nature recovery strategy that relates to all or part of the planning authority’s area appointed under section 105 (2) of the Environment Act 2021 (46), where that authority is not the planning authority;
(a) the council of a county for which there are no district councils;
(b) the council of a district in an area for which there is no county council;
(c) the council of a London borough;
(d) the Common Council of the City of London;
(e) the Council of the Isles of Scilly.
Electronic communications
- —(1) Where—
(a) a document, copy, notice, notification or representations on any matter or document are sent or made by way of electronic communications, and
(b) the electronic communication is received by the recipient outside that person’s normal office hours,
it is to be taken to have been received on the next working day after the day on which the electronic communication is received.
(2) In this regulation, “ working day ” means a day which is not a Saturday, a Sunday, a bank holiday in England under the Banking and Financial Dealings Act 1971 (47), or any other public holiday in England.
Part 2 PLAN TIMETABLES
Form and content of a local plan timetable
- —(1) A local plan timetable(48) must contain the following information from the date on which it is first published in accordance with section 15B(8) of the Act—
(a) the date on which the local planning authority will make their notice of intention to commence local plan preparation available under regulation 19 (1),
(b) the date on which the local planning authority will make a notice of scoping consultation available under regulation 20 (1) (b),
(c) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 20 (4) (scoping consultation),
(d) the date on which the local planning authority will make their self-assessment summary available under regulation 21 (3),
(e) the date on which the local planning authority will make a notice of plan content and evidence consultation available under regulation 23 (1) (a),
(f) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 23 (4) (consultation on proposed local plan content and evidence),
(g) the date on which observations and advice will be sought under section 15CA(3) of the Act in accordance with regulation 26 (gateway 2),
(h) the date on which the local planning authority will make a notice of proposed local plan consultation available under regulation 27 (1) (a),
(i) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 27 (4) (consultation on the proposed local plan),
(j) the date on which observations and advice will be sought under section 15CA(3) of the Act in accordance with regulation 31 (gateway 3: prescribed requirements assessment),
(k) the date on which the local planning authority will submit their proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act, and
(l) the date on which the local planning authority will consider adopting the proposed local plan under section 15EA of the Act.
(2) Where a local planning authority intend to carry out a consultation in connection with the preparation of a local plan in addition to when they are required to do so under regulations 20, 23 and 27, their local plan timetable must contain the following information from the date on which it is first published in accordance with section 15B(8) of the Act—
(a) the date on which the consultation will begin, and
(b) the date on or before which representations will have to be received by the authority.
(3) Where a local planning authority intend to prepare a supplementary plan under section 15CC of the Act, their local plan timetable must also contain the following information in relation to each supplementary plan which the authority are to prepare—
(a) the date on which the authority will make their notice of intention to commence supplementary plan preparation available under regulation 68 (1),
(b) the date on which the authority will make a notice of proposed supplementary plan consultation available under regulation 70 (1) (a),
(c) the date on or before which representations will have to be received by the local planning authority in accordance with regulation 70 (6) (consultation on the proposed supplementary plan),
(d) the date on which the authority will submit the supplementary plan that they propose to adopt for independent examination under section 15DB(1) of the Act, and
(e) the date on which the authority will consider adopting the supplementary plan under section 15EA of the Act.
Form and content of a minerals and waste plan timetable
- —(1) A minerals and waste plan timetable(49) must, from the date on which it is first published in accordance with section 15B(8) of the Act(50)—
(a) specify how many documents will collectively form the minerals and waste plan for the minerals and waste planning authority’s relevant area;
(b) specify whether the minerals and waste plan for the minerals and waste planning authority’s relevant area is to be partly formed of one or more joint minerals and waste plan documents and, if so, each other minerals and waste planning authority for whose relevant area the joint minerals and waste plan document is to be or form part of the minerals and waste plan;
(c) contain the information required by paragraph (2) for the first minerals and waste plan document which the minerals and waste planning authority are to prepare.
(2) The information required by this paragraph is—
(a) the date on which the minerals and waste planning authority will make their notice of intention to commence minerals and waste plan document preparation available under regulation 44 (1),
(b) the date on which the minerals and waste planning authority will make a notice of scoping consultation available under regulation 45 (1) (b),
(c) the date on or before which representations will have to be received by the minerals and waste planning authority in accordance with regulation 45 (4) (scoping consultation),
(d) the date on which the minerals and waste planning authority will make their self-assessment summary available under regulation 46 (3),
(e) the date on which the minerals and waste planning authority will make a notice of content and evidence consultation available under regulation 48 (1) (a),
(f) the date on or before which representations will have to be received by the minerals and waste planning authority in accordance with regulation 48 (4) (consultation on proposed minerals and waste plan document content and evidence),
(g) the date on which observations and advice will be sought under section 15CA(3) of the Act(51) in accordance with regulation 51 (gateway 2),
(h) the date on which the minerals and waste planning authority will make a notice of proposed minerals and waste plan document consultation available under regulation 52 (1) (a),
(i) the date on or before which representations will have to be received by the minerals and waste planning authority in accordance with regulation 52 (4) (consultation on the proposed minerals and waste plan document),
(j) the date on which observations and advice will be sought under section 15CA(3) of the Act in accordance with regulation 56 (gateway 3: prescribed requirements assessment),
(k) the date on which the minerals and waste planning authority will submit their proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act, and
(l) the date on which the minerals and waste planning authority will consider adopting the proposed minerals and waste plan document under section 15EA of the Act.
(3) Where a minerals and waste planning authority intend to carry out a consultation in connection with the preparation of the first minerals and waste plan document which they are to prepare in addition to when they are required to do so under regulations 45, 48 and 52, their minerals and waste plan timetable must contain the information required by paragraph (4) from the date on which it is first published in accordance with section 15B(8) of the Act.
(4) The information required by this paragraph is—
(a) the date on which the consultation will begin, and
(b) the date on or before which representations will have to be received by the authority.
(5) Where a minerals and waste planning authority intend to prepare a supplementary plan under section 15CC of the Act, their minerals and waste plan timetable must also contain the following information in relation to each supplementary plan which the authority are to prepare—
(a) the date on which the authority will make their notice of intention to commence supplementary plan preparation available under regulation 68 (1),
(b) the date on which the authority will make a notice of proposed supplementary plan consultation available under regulation 70 (1) (a),
(c) the date on or before which representations will have to be received by the authority in accordance with regulation 70 (6) (consultation on the proposed supplementary plan),
(d) the date on which the authority will submit the supplementary plan that they propose to adopt for independent examination under section 15DB(1) of the Act, and
(e) the date on which the authority will consider adopting the supplementary plan under section 15EA of the Act.
Revision of a local plan timetable
- —(1) For each period specified in paragraph (2), a local planning authority must ensure their local plan timetable is up to date by no later than the last day of that period.
(2) The periods specified in this paragraph are—
(a) the period of one month beginning with the date on which the local plan timetable is first published in accordance with section 15B(8) of the Act and regulation 8 (publication), and
(b) each subsequent period of a month thereafter.
(3) By the end of the same day that a relevant plan preparation stage occurs, a local planning authority must revise their local plan timetable to set out the date on which that stage occurred.
(4) In paragraph (3), a “ relevant plan preparation stage ” means—
(a) the making available by the authority of their self-assessment summary under regulation 21 (3);
(b) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 26 (gateway 2);
(c) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 31 (gateway 3: prescribed requirements assessment);
(d) the publication by the authority, in accordance with section 15D(13) of the Act, of the recommendations and reasons received under section 15D of the Act.
(5) Where a local planning authority decide to carry out a consultation in connection with the preparation of their local plan in addition to when they are required to do so under regulations 20, 23 and 27, and their local plan timetable does not contain the information specified in regulation 4 (2), the authority must revise their local plan timetable as soon as is reasonably practicable after making such a decision, to set out—
(a) the date on which the consultation is to begin, and
(b) the date on or before which representations must be received by the authority.
(6) Where a relevant event occurs, a local planning authority must revise their local plan timetable as soon as is reasonably practicable after the relevant event to set out the date on which it occurred.
(7) In paragraph (6), “ relevant event ” means—
(a) the seeking of further observations and advice by the local planning authority under section 15CA(3) of the Act and regulation 33 (3) (repeat of gateway 3);
(b) the publication by the local planning authority, in accordance with section 15CA(5) of the Act, of observations and advice received under section 15CA(3) of the Act and regulation 33 (repeat of gateway 3);
(c) the withdrawal of the local planning authority’s local plan under section 15E of the Act;
(d) the revocation of the local planning authority’s local plan under section 15G of the Act.
(8) Where the examination of their local plan is to be paused under section 15D(7) of the Act, a local planning authority must revise their local plan timetable as soon as is reasonably practicable after receiving a notification under section 15DA(2) of the Act, so as to set out the period for which the examination is to be paused or is paused.
Revision of a minerals and waste plan timetable
- —(1) No later than on the date on which a minerals and waste planning authority make their notice of intention to commence minerals and waste plan document preparation available under regulation 44 (1) for a further document which is to form part of their minerals and waste plan, the authority must revise their minerals and waste plan timetable to set out in relation to that document—
(a) the information required by regulation 5 (2), and
(b) where the minerals and waste planning authority intend to carry out a consultation in connection with the preparation of that document in addition to when they are required to do so under regulations 45, 48 and 52, the information required by regulation 5 (4).
(2) For each period specified in paragraph (3), a minerals and waste planning authority must ensure their minerals and waste plan timetable is up to date by no later than the last day of that period.
(3) The periods specified in this paragraph are—
(a) the period of one month beginning with the date on which the minerals and waste plan timetable is first published in accordance with section 15B(8) of the Act and regulation 9 (publication), and
(b) each subsequent period of a month thereafter.
(4) By the end of the same day that a relevant plan preparation stage occurs, a minerals and waste planning authority must revise their minerals and waste plan timetable to set out the date on which that stage occurred.
(5) In paragraph (4), a “ relevant plan preparation stage ” means—
(a) the making available by the authority of their self-assessment summary under regulation 46 (3);
(b) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 51 (gateway 2);
(c) the publication by the authority, in accordance with section 15CA(5) of the Act, of observations or advice received under section 15CA(3) of the Act and regulation 56 (gateway 3: prescribed requirements assessment);
(d) the publication by the authority, in accordance with section 15D(13) of the Act, of the recommendations and reasons received under section 15D of the Act.
(6) Where a minerals and waste planning authority decide to carry out a consultation in connection with the preparation of a minerals and waste plan document in addition to when they are required to do so under regulations 45, 48 and 52, and their minerals and waste plan timetable does not contain the information specified in regulation 5 (4) in relation to that document, the authority must revise their timetable for that document as soon as is reasonably practicable after making such a decision, to set out—
(a) the date on which the consultation is to begin, and
(b) the date on or before which representations must be received by the authority.
(7) Where a relevant event occurs, a minerals and waste planning authority must revise their minerals and waste plan timetable as soon as is reasonably practicable after the relevant event to set out the date on which it occurred.
(8) In paragraph (7), “ relevant event ” means—
(a) the seeking of further observations and advice by the minerals and waste planning authority under section 15CA(3) of the Act and regulation 58 (3) (repeat of gateway 3);
(b) the publication by the minerals and waste planning authority, in accordance with section 15CA(5) of the Act, of observations and advice received under section 15CA(3) of the Act and regulation 58 (repeat of gateway 3);
(c) the withdrawal of a document which was to be or form part of the minerals and waste planning authority’s minerals and waste plan under section 15E of the Act(52);
(d) the revocation of a document which is or forms part of the minerals and waste planning authority’s minerals and waste plan under section 15G of the Act(53).
(9) Where the examination of a proposed minerals and waste plan document is to be paused under section 15D(7) of the Act, a minerals and waste planning authority must revise their minerals and waste plan timetable as soon as is reasonably practicable after receiving notification under section 15DA(2) of the Act(54), so as to set out the period for which the examination is to be paused or is paused.
Publication of a local plan timetable
- —(1) A local planning authority must first comply with section 15B(8) of the Act in relation to a local plan timetable no later than on the earlier of—
(a) the date on which the authority make their notice of intention to commence local plan preparation available under regulation 19 (1), or
(b) the date on which the authority make a notice of intention to commence supplementary plan preparation available under regulation 68 (1).
(2) When a local planning authority comply with section 15B(8) of the Act, the authority must on the same day make available in accordance with regulation 88 the following—
(a) their local plan timetable, and
(b) the statement that the timetable is to have effect.
Publication of a minerals and waste plan timetable
- —(1) A minerals and waste planning authority must first comply with section 15B(8) of the Act in relation to a minerals and waste plan timetable no later than on the earlier of—
(a) the date on which the authority make their notice of intention to commence minerals and waste plan document preparation available under regulation 44 (1) for the first minerals and waste plan document which the authority are to prepare, or
(b) the date on which the authority make a notice of intention to commence supplementary plan preparation available under regulation 68 (1).
(2) When a minerals and waste planning authority comply with section 15B(8) of the Act, the authority must on the same day make available in accordance with regulation 88 —
(a) their minerals and waste plan timetable, and
(b) the statement that the timetable is to have effect.
Direction by the Mayor of London
- —(1) The time prescribed for the purposes of section 15BA(3)(b) of the Act(55) is the first day after a period of three weeks beginning with the date on which the Mayor of London gives the direction under section 15B(6) or (7) of the Act.
(2) The time prescribed for the purposes of section 15BA(4) of the Act(56) is the period of three weeks beginning with the date on which the Mayor of London gives the direction under section 15B(6) or (7) of the Act.
Part 3 FORM AND CONTENT OF PLANS AND REGARD TO BE HAD TO CERTAIN MATTERS
Form and content of local plans: general
- —(1) A local plan must contain—
(a) a vision for the future of the local planning authority’s area (however expressed) setting out how the area is intended to change over the period of the plan,
(b) no more than ten measurable outcomes, designed to monitor progress towards meeting the vision for the future of the local planning authority’s area contained in the plan in accordance with sub-paragraph (a), and
(c) the date on which the plan is adopted or approved under Part 2 of the Act.
(2) A vision for the future of a local planning authority’s area contained in a local plan in accordance with paragraph (1) (a) must relate to the particular characteristics or circumstances of the local planning authority’s area.
(3) A local plan may contain aims and objectives of the local planning authority for the period of the plan, including the approach that the authority propose to take to achieve the vision for the future of the authority’s area contained in the plan in accordance with paragraph (1) (a).
(4) Where a local plan contains a policy that the local planning authority consider (in substance) supersedes another policy in the development plan for the authority’s area which has effect, it must state that fact and identify the superseded policy.
(5) When published on a local planning authority’s website in accordance with regulation 39 (1) (a) (i) and regulation 88 (1) (a), a local plan must be in a searchable electronic format.
Form and content of minerals and waste plan documents: general
- —(1) A document which is or forms part of a minerals and waste plan must contain—
(a) a vision for the future of the minerals and waste planning authority’s relevant area (however expressed) setting out how the area is intended to change over the period of the document,
(b) no more than ten measurable outcomes, designed to monitor progress towards meeting the vision for the future of the minerals and waste planning authority’s relevant area contained in the document in accordance with sub-paragraph (a), and
(c) the date on which the document is adopted or approved under Part 2 of the Act.
(2) A vision for the future of a minerals and waste planning authority’s relevant area contained in a document which is or forms part of a minerals and waste plan in accordance with paragraph (1) (a) must relate to the particular characteristics or circumstances of the minerals and waste planning authority’s relevant area.
(3) A document which is or forms part of a minerals and waste plan may contain aims and objectives of the minerals and waste planning authority for the period of the document, including the approach that the authority propose to take to achieve the vision for the future of the authority’s relevant area contained in the document in accordance with paragraph (1) (a).
(4) Where a document which is or forms part of a minerals and waste plan contains a policy that the minerals and waste planning authority consider (in substance) supersedes another policy in the development plan for the authority’s relevant area which has effect, it must state that fact and identify the superseded policy.
(5) A document which forms part of a minerals and waste plan must specify each other document which collectively forms part of the minerals and waste plan for the minerals and waste planning authority’s relevant area and which already has effect as part of the development plan for the authority’s relevant area.
(6) When published on a minerals and waste planning authority’s website in accordance with regulation 64 (1) (a) (i) and regulation 88 (1) (a), a document which is or forms part of a minerals and waste plan must be in a searchable electronic format.
Form and content of supplementary plans: general
- —(1) A supplementary plan must contain—
(a) the date on which the plan is adopted or approved under Part 2 of the Act, and
(b) a reasoned justification of the policies contained in the plan.
(2) Where a supplementary plan contains a policy that the relevant plan-making authority(57) consider (in substance) supersedes another policy in the development plan which has effect for the area or a site to which the supplementary plan relates, it must state that fact and identify the superseded policy.
(3) When published on a relevant plan-making authority’s website in accordance with regulation 76 (1) (a) (i) and regulation 88 (1) (a), a supplementary plan must be in a searchable electronic format.
Local plans: other matters to which regard is to be had
- The prescribed matters to which a local planning authority must have regard for the purposes of section 15CA(6)(i) of the Act are—
(a) the local planning authority’s self-assessment summary,
(b) where the local planning authority carry out a consultation in connection with the preparation of the local plan in addition to when they are required to do so under regulations 20, 23 and 27, any responses to that consultation,
(c) policies developed by a local transport authority in accordance with section 108 of the Transport Act 2000 (58),
(d) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment,
(e) the need, in the long term—
(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes,
(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures, and
(iii) in the case of existing establishments, to take additional technical measures in accordance with regulation 5 of the Control of Major Accident Hazards Regulations 2015 (59) so as not to increase the risks to human health or the environment, and
(f) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011 (60)).
Minerals and waste plans: other matters to which regard is to be had
- The prescribed matters to which a minerals and waste planning authority must have regard for the purposes of section 15CA(6)(i) of the Act are—
(a) the minerals and waste planning authority’s self-assessment summary,
(b) where the minerals and waste planning authority carry out a consultation in connection with the preparation of the minerals and waste plan document in addition to when they are required to do so under regulations 45, 48 and 52, any responses to that consultation,
(c) policies developed by a local transport authority in accordance with section 108 of the Transport Act 2000,
(d) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment,
(e) the need, in the long term—
(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes,
(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures, and
(iii) in the case of existing establishments, to take additional technical measures in accordance with regulation 5 of the Control of Major Accident Hazards Regulations 2015 so as not to increase the risks to human health or the environment, and
(f) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011).
Supplementary plans: matters to which regard is to be had
- In preparing a supplementary plan, a relevant plan-making authority must have regard to—
(a) any responses to a consultation held in connection with the preparation of the supplementary plan, including a consultation held in accordance with regulation 70 (consultation on the proposed supplementary plan),
(b) other national policies and advice contained in guidance issued by the Secretary of State,
(c) if any part of the area or a site to which the supplementary plan relates adjoins Scotland, the document referred to in section 15CA(6)(e) of the Act,
(d) if any part of the area or a site to which the supplementary plan relates adjoins Wales, the document referred to in section 15CA(6)(f) of the Act,
(e) policies developed by a local transport authority in accordance with section 108 of the Transport Act 2000,
(f) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment,
(g) the need, in the long term—
(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes,
(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures, and
(iii) in the case of existing establishments, to take additional technical measures in accordance with regulation 5 of the Control of Major Accident Hazards Regulations 2015 so as not to increase the risks to human health or the environment, and
(h) the national waste management plan (which has the same meaning as in the Waste (England and Wales) Regulations 2011).
Part 4 LOCAL PLANS
Interpretation of Part 4
- In this Part —
“ gateway 3 completion statement ” means a statement confirming the date on which the local planning authority was advised under section 15CA(3) of the Act and regulation 31 (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 33 (repeat of gateway 3), by a person appointed by the Secretary of State, that each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan;
“ gateway 3 submission documents ” means the following documents—
(a) the local planning authority’s proposed local plan that they intend to submit to the Secretary of State for independent examination under section 15D(1) of the Act;
(b) the local planning authority’s map of proposed local plan policies;
(c) a statement of compliance;
(d) a statement of soundness;
(e) a statement setting out a summary of the consultation and engagement activities carried out by the local planning authority in preparing their proposed local plan;
(f) the local planning authority’s summary of scoping consultation;
(g) the local planning authority’s summary of consultation on proposed local plan content and evidence;
(h) the local planning authority’s summary of consultation on the proposed local plan;
(i) where regulation 28 (conformity with operative spatial development strategy) applies to the local planning authority, copies of any representations made in accordance with that regulation;
(j) a statement setting out the local planning authority’s practical arrangements demonstrating readiness for examination;
(k) where regulation 29 (supplementary plans statement) applies to the local planning authority, a supplementary plans statement;
(l) where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004 (61), a copy of that report;
(m) where the local planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed local plan is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a copy of the statement of its reasons for the determination prepared under regulation 9 (3) of those Regulations;
(n) such other documents or information as the local planning authority consider necessary to support the person appointed by the Secretary of State under section 15CA(3) of the Act in providing observations and advice of the nature specified in regulation 31 (2) (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 33 (3) (repeat of gateway 3);
“ statement of compliance ” means a statement setting out the following information—
(a) details of how the proposed local plan complies with, or the local planning authority have complied with, the requirements prescribed by regulation 32 (gateway 3: prescribed requirements);
(b) where the proposed local plan does not include content of the nature specified in regulation 11 (4) (superseded policies), an explanation as to why the local planning authority consider that this requirement is not engaged in relation to the plan;
(c) where a spatial development strategy(62) is operative in relation to the area of the local planning authority, how the authority have prepared their proposed local plan to be in general conformity with that strategy, in accordance with section 15CA(2) of the Act;
(d) details of where observations or advice made available in accordance with regulation 26 (5) (a) (gateway 2) are available for inspection and of the places and times which they can be inspected;
“ statement of soundness ” means a statement setting out details of the evidence which the local planning authority has gathered to support their proposed local plan and how the authority consider that this evidence demonstrates that it would be reasonable for the examiner to conclude that the plan is sound;
“ summary of consultation on proposed local plan content and evidence ” means the document referred to in regulation 24;
“ summary of consultation on the proposed local plan ” means the document referred to in regulation 30;
“ summary of scoping consultation ” means the document referred to in regulation 22;
“ supplementary plans statement ” means the document referred to in regulation 29.
Preparation of a new local plan
- —(1) A local planning authority must begin preparation of a new local plan to replace the existing one within the period of five years beginning with the day after the date on which—
(a) the authority passed a resolution adopting the existing local plan under section 15EA of the Act, or
(b) the existing local plan was approved under Part 2 of the Act.
(2) For the purposes of paragraph (1), a local planning authority has begun preparation of a new local plan once they have complied with regulation 21 (3) (gateway 1: self-assessment of readiness to begin local plan preparation) in relation to the new local plan.
Notice of intention to commence local plan preparation
- —(1) A local planning authority must prepare, in connection with the preparation of their local plan, and make available in accordance with regulation 88, a document to be known as their “notice of intention to commence local plan preparation”.
(2) The notice of intention to commence local plan preparation must contain the following information—
(a) the name of the local planning authority who have prepared the notice,
(b) the geographical area to which the local plan is to relate,
(c) the title, if any, by which the local planning authority will refer to the local plan,
(d) details of where the local planning authority’s local plan timetable is published, and
(e) the date on which the notice is made available under paragraph (1).
(3) Where a local planning authority’s local plan for their area is to be a joint local plan, their notice of intention to commence local plan preparation must also specify each other local planning authority for whose area the joint local plan is to be their local plan.
(4) Where a local planning authority are the minerals and waste planning authority for any part of their area and their local plan is to incorporate all or part of their minerals and waste plan in accordance with section 15C(10) of the Act, their notice of intention to commence local plan preparation must specify this.
Scoping consultation: local plan
- —(1) No earlier than on the date on which a local planning authority make their notice of intention to commence local plan preparation available under regulation 19 (1), the authority must—
(a) invite each of the bodies specified in paragraph (2) to make representations to the local planning authority about—
(i) such matters relevant to the preparation of the local plan as the authority or body consider appropriate, including what the plan should contain, and
(ii) how the authority should engage with them in the preparation of the local plan, and
(b) make a notice of scoping consultation available in accordance with regulation 88.
(2) The bodies specified in this paragraph are—
(a) such of the general consultation bodies as the local planning authority consider appropriate, and
(b) such of the specific consultation bodies as the local planning authority consider may have an interest in the preparation of the local plan.
(3) Any person may make representations to a local planning authority about the matters set out at paragraph (1) (a) (i) and (ii).
(4) Any representations made under this regulation must be received by the local planning authority by the date specified in the notice of scoping consultation.
(5) In this regulation, “ notice of scoping consultation ” means a notice specifying—
(a) the matters which the local planning authority have invited representations about under paragraph (1) (a) (i) and (ii),
(b) the date on or before which representations about the matters set out in paragraph (1) (a) (i) and (ii) must be received by the local planning authority,
(c) the address to which representations about the matters set out in paragraph (1) (a) (i) and (ii) may be made, and
(d) that representations about the matters set out in paragraph (1) (a) (i) and (ii) may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—
(i) the making available of proposed local plan content and evidence under regulation 23 (1) (b) (consultation on proposed local plan content and evidence);
(ii) the publication of observations or advice under section 15CA(5) of the Act;
(iii) the making available of the proposed local plan submission documents under regulation 27 (1) (b) (consultation on the proposed local plan);
(iv) the submission of the proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act;
(v) the making available of the matters specified in regulation 35 (2) in accordance with regulation 35 (1) (a) (independent examination: local plans);
(vi) a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;
(vii) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6);
(viii) the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);
(ix) the adoption or approval of the local plan under Part 2 of the Act.
Gateway 1: self-assessment of readiness for local plan preparation
- —(1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “self-assessment summary”.
(2) The self-assessment summary must set out details relating to the following—
(a) the local planning authority’s local plan timetable, including whether the authority has published a timetable which complies with the requirements in section 15B of the Act and Part 2 of these Regulations,
(b) the local planning authority’s project management and governance arrangements for the preparation of their local plan,
(c) the local planning authority’s proposed approach to consultation and engagement in preparing their local plan,
(d) the anticipated content of the local planning authority’s local plan, and
(e) any obligation arising under Part 2 and Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004.
(3) A local planning authority must make their self-assessment summary available in accordance with regulation 88 no earlier than the later of—
(a) the first day after the period of four months beginning with the date on which the authority make available their notice of intention to commence local plan preparation under regulation 19 (1), or
(b) the day after the date specified in the notice of scoping consultation.
Publication of summary of scoping consultation
- —(1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “summary of scoping consultation”.
(2) The summary of scoping consultation must set out—
(a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 20,
(b) the manner by which those invited bodies were asked to make any representations under regulation 20,
(c) if representations were made under regulation 20, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,
(d) if representations were made under regulation 20, how the local planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and
(e) if applicable, that no representations were made under regulation 20.
(3) A local planning authority must make their summary of scoping consultation available in accordance with regulation 88 no earlier than on the day after the date on which the authority make their self-assessment summary available under regulation 21 (3).
Consultation on proposed local plan content and evidence
- —(1) No earlier than on the day after the date on which a local planning authority make their summary of scoping consultation available under regulation 22 (3), the authority must—
(a) make a notice of plan content and evidence consultation available in accordance with regulation 88,
(b) make proposed local plan content and evidence available in accordance with regulation 88,
(c) notify each of the persons specified in paragraph (2) that the notice of plan content and evidence consultation and the proposed local plan content and evidence are available for inspection and of the places and times at which they can be inspected, and
(d) invite each of the persons specified in paragraph (2) to make representations to the local planning authority about the proposed local plan content and evidence.
(2) The persons specified in this paragraph are—
(a) such of the general consultation bodies as the local planning authority consider appropriate,
(b) such of the specific consultation bodies as the local planning authority consider may have an interest in the proposed local plan,
(c) such residents or other persons carrying on business in the local planning authority’s area as the authority consider appropriate, and
(d) any person who requested to be notified of the making available of the proposed local plan content and evidence.
(3) Any person may make representations to a local planning authority about the proposed local plan content and evidence.
(4) Any representations made under this regulation must be received by the local planning authority by the date specified in the notice of plan content and evidence consultation.
(5) In this regulation—
“ notice of plan content and evidence consultation ” means a notice specifying—
(a) details of where the proposed local plan content and evidence made available in accordance with paragraph (1) (b) and regulation 88 is available for inspection and of the places and times at which it can be inspected,
(b) the date on or before which representations about the proposed local plan content and evidence must be received by the local planning authority, which must be a date not less than six weeks from the date on which the notice is published,
(c) the address to which representations about the proposed local plan content and evidence may be made, and
(d) that representations about the proposed local plan content and evidence may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—
(i) the publication of observations or advice under section 15CA(5) of the Act;
(ii) the making available of the proposed local plan submission documents under regulation 27 (1) (b) (consultation on the proposed local plan);
(iii) the submission of the proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act;
(iv) the making available of the matters specified in regulation 35 (2) in accordance with regulation 35 (1) (a) (independent examination: local plans);
(v) a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;
(vi) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6);
(vii) the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);
(viii) the adoption or approval of the local plan under Part 2 of the Act;
“ proposed local plan content and evidence ” means a document setting out—
(a) a proposed vision for the future of the local planning authority’s area and proposed measurable outcomes,
(b) any proposed aims and objectives of the local planning authority for the period of the local plan, including the approach that the authority propose to take to achieve the proposed vision for the future of the authority’s area,
(c) a summary of the local planning authority’s proposed approach in relation to policies of the kind mentioned in section 15C(3) and (4)(a) of the Act, in particular policies relating to the location of development in the authority’s area,
(d) where the local planning authority’s notice of intention to commence local plan preparation specified under regulation 19 (4) that their local plan is to incorporate all or part of their minerals and waste plan, a summary of the authority’s proposed approach in relation to policies of the kind mentioned in section 15CB(2) and (3)(a) of the Act, in particular policies relating to the location of minerals and waste development(63) in the authority’s relevant area,
(e) details of the evidence that the local planning authority has gathered to support the local plan, if any, and a summary of the further evidence that the authority intends to gather in this respect, and
(f) such supporting information relating to the proposed local plan as the local planning authority consider appropriate.
Publication of summary of consultation on proposed local plan content and evidence
- —(1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “summary of consultation on proposed local plan content and evidence”.
(2) The summary of consultation on proposed local plan content and evidence must set out—
(a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 23,
(b) the manner by which those invited bodies were asked to make any representations under regulation 23,
(c) if representations were made under regulation 23, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,
(d) if representations were made under regulation 23, how the local planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and
(e) if applicable, that no representations were made under regulation 23.
(3) A local planning authority must make their summary of consultation on proposed local plan content and evidence available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of plan content and evidence consultation.
Map of proposed local plan policies
- —(1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “map of proposed local plan policies”.
(2) The map of proposed local plan policies must include a map of the local planning authority’s area which must—
(a) be reproduced from, or based on, an Ordnance Survey map,
(b) include an explanation of symbols or notations which it uses, and
(c) visually illustrate the geographical application of policies which relate to part of the local planning authority’s area in their proposed local plan.
(3) For each policy which relates to the whole of the local planning authority’s area in their proposed local plan, the map of proposed local plan policies must include text setting out—
(a) the title of the policy, if any,
(b) the reference number of the policy, if any, and
(c) a description of the policy.
Gateway 2: observations and advice from an appointed person
- —(1) A local planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed local plan under section 15CA(3) of the Act no earlier than on the day after the date on which the authority make their summary of consultation on proposed local plan content and evidence available under regulation 24 (3).
(2) A local planning authority must seek—
(a) observations on any proposed local plan content which the local planning authority send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“ the appointed person ”) in accordance with paragraph (3), including progress towards the preparation of a local plan which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act,
(b) advice on preparing a local plan which is one which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act, including further work which could be carried out by the authority, if any, and
(c) observations and advice on the local planning authority’s progress towards—
(i) meeting the requirements prescribed by regulation 32 (a) to (f), (i) and (k) (gateway 3: prescribed requirements), and
(ii) preparing a local plan which is in general conformity with the spatial development strategy, if one is operative in relation to the area of the local planning authority, in accordance with section 15CA(2) of the Act.
(3) A local planning authority must send to the appointed person such documents or other information as the authority consider necessary in order for that person to provide observations and advice of the nature specified in paragraph (2), on the same day as the authority comply with paragraph (1).
(4) The appointed person must send observations or advice provided in accordance with this regulation to the local planning authority by way of electronic communications, and the textual content of the observations or advice must be set out in typescript.
(5) When a local planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—
(a) make the observations or advice available in accordance with regulation 88,
(b) make available in accordance with regulation 88 all documents or other information sent to the appointed person in accordance with paragraph (3),
(c) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and
(d) send a copy of the observations or advice to each person identified or referred to in the observations or advice.
Consultation on the proposed local plan
- —(1) No earlier than on the day after the date on which a local planning authority publish, in accordance with section 15CA(5) of the Act, observations or advice received under section 15CA(3) and regulation 26, the authority must—
(a) make a notice of proposed local plan consultation available in accordance with regulation 88,
(b) make the proposed local plan submission documents available in accordance with regulation 88,
(c) notify each of the persons specified in paragraph (2) that the notice of proposed local plan consultation and the proposed local plan submission documents are available for inspection and of the places and times at which they can be inspected, and
(d) invite each of the persons specified in paragraph (2) to make representations to the local planning authority about the proposed local plan submission documents.
(2) The persons specified in this paragraph are—
(a) such of the general consultation bodies as the local planning authority consider appropriate,
(b) such of the specific consultation bodies as the local planning authority consider may have an interest in the proposed local plan,
(c) such residents or other persons carrying on business in the local planning authority’s area as the authority consider appropriate, and
(d) any person who requested to be notified of the making available of the proposed local plan submission documents.
(3) Any person may make representations to a local planning authority about the proposed local plan submission documents.
(4) Any representations made under this regulation must be received by the local planning authority by the date specified in the notice of proposed local plan consultation.
(5) In this regulation—
“ notice of proposed local plan consultation ” means a notice specifying—
(a) details of where the proposed local plan submission documents made available in accordance with paragraph (1) (b) are available for inspection and of the places and times at which they can be inspected,
(b) the date on or before which representations about the proposed local plan submission documents must be received by the local planning authority, which must be a date not less than eight weeks from the date on which the notice is published,
(c) the address to which representations about the proposed local plan submission documents may be made, and
(d) that representations about the proposed local plan submission documents may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—
(i) the publication of observations or advice under section 15CA(5) of the Act;
(ii) the submission of the proposed local plan to the Secretary of State for independent examination under section 15D(1) of the Act;
(iii) the making available of the matters specified in regulation 35 (2) in accordance with regulation 35 (1) (a) (independent examination: local plans);
(iv) a decision under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;
(v) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6);
(vi) the publication of the recommendations and reasons received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);
(vii) the adoption or approval of the local plan under Part 2 of the Act;
“ proposed local plan submission documents ” means the following documents—
(a) the local planning authority’s proposed local plan;
(b) the local planning authority’s map of proposed local plan policies;
(c) a document setting out details of the evidence which the local planning authority has gathered to support the proposed local plan;
(d) a statement setting out—
(i) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 20 (scoping consultation) and regulation 23 (consultation on proposed local plan content and evidence),
(ii) the manner by which those invited bodies were asked to make any representations,
(iii) a summary of the main issues raised by those representations, and
(iv) how those main issues have been addressed in the proposed local plan;
(e) such supporting documents as the local planning authority consider relevant to the preparation of the proposed local plan.
Conformity with operative spatial development strategy
- —(1) This regulation applies only to a local planning authority in relation to whose area there is an operative spatial development strategy(64).
(2) When a local planning authority comply with regulation 27 (1) (consultation on the proposed local plan), the authority must on the same day—
(a) notify the authority or person who published or adopted the spatial development strategy that the proposed local plan submission documents and notice of proposed local plan consultation are available for inspection and of the places and times at which they can be inspected, and
(b) invite that authority or person to make representations to the local planning authority about whether the proposed local plan is in general conformity with the spatial development strategy by the date specified in the notice of proposed local plan consultation.
Supplementary plans statement
- —(1) Paragraphs (2) to (4) apply where the development plan for a local planning authority’s area which has effect includes one or more supplementary plans prepared by the authority under section 15CC(1) of the Act.
(2) The local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “supplementary plans statement”.
(3) The supplementary plans statement must set out, in relation to each supplementary plan prepared by the local planning authority which has effect as part of the development plan for the authority’s area—
(a) whether the authority’s proposed local plan includes matters included in the supplementary plan, and
(b) whether the authority intends—
(i) for the supplementary plan to remain in effect following the adoption of their proposed local plan,
(ii) to request the Secretary of State to revoke the supplementary plan under section 15G(2)(b) of the Act following the adoption of their proposed local plan,
(iii) to request the Secretary of State to revoke the supplementary plan so far as it relates to their area or one or more specific sites in their area under section 15G(3)(b) of the Act(65) following the adoption of their proposed local plan, or
(iv) to revoke the supplementary plan under regulation 77 following the adoption of their proposed local plan.
(4) The local planning authority must make available in accordance with regulation 88 the supplementary plans statement on the same day as the authority make available the proposed local plan submission documents under regulation 27 (consultation on the proposed local plan).
Publication of summary of consultation on the proposed local plan
- —(1) A local planning authority must prepare, in connection with the preparation of their local plan, a document to be known as their “summary of consultation on the proposed local plan”.
(2) The summary of consultation on the proposed local plan must set out—
(a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 27,
(b) the manner by which those invited bodies were asked to make any representations under regulation 27,
(c) if representations were made under regulation 27, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,
(d) if representations were made under regulation 27, how the local planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and
(e) if applicable, that no representations were made under regulation 27.
(3) A local planning authority must make their summary of consultation on the proposed local plan available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of proposed local plan consultation.
Gateway 3: prescribed requirements assessment by an appointed person
- —(1) A local planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed local plan under section 15CA(3) of the Act—
(a) at the time that the local planning authority consider that the requirements prescribed by regulation 32 are met in relation to their proposed local plan, and
(b) in any event, no earlier than on the day after the date on which the local planning authority make their summary of consultation on the proposed local plan available under regulation 30 (3).
(2) A local planning authority must seek observations and advice on whether each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan.
(3) A local planning authority must send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“ the appointed person ”) the gateway 3 submission documents, on the same day as the authority comply with paragraph (1).
(4) Observations or advice provided under section 15CA(3) of the Act in accordance with this regulation must—
(a) set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 32 is met or (as the case may be) not met in relation to the proposed local plan,
(b) contain a reasoned justification for each conclusion, and
(c) be sent to the local planning authority by way of electronic communications and the textual content must be set out in typescript.
(5) When a local planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—
(a) make the observations or advice available in accordance with regulation 88,
(b) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and
(c) send a copy of the observations or advice to each person identified or referred to in the observations or advice.
(6) Where the appointed person has advised that each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan, on the same day as the local planning authority comply with paragraph (5), the authority must make available in accordance with regulation 88 —
(a) a gateway 3 completion statement, and
(b) the gateway 3 submission documents.
Gateway 3: prescribed requirements
- The requirements prescribed for the purposes of section 15D(1) of the Act are that the person appointed by the Secretary of State under section 15CA(3) of the Act must be satisfied that—
(a) the proposed local plan sets out policies of the local planning authority (however expressed) in relation to the amount, type and location of, and timetable for, development in the local planning authority’s area in accordance with section 15C(3) of the Act,
(b) the proposed local plan, in accordance with regulation 11 (form and content of local plans)—
(i) contains a vision for the future of the local planning authority’s area (however expressed) setting out how the area is intended to change over the period of the plan and which relates to the particular characteristics or circumstances of the local planning authority’s area,
(ii) contains no more than ten measurable outcomes, designed to monitor progress towards meeting the vision for the future of the local planning authority’s area, and
(iii) includes content of the nature specified in regulation 11 (4) (superseded policies), unless the local planning authority’s statement of compliance sets out details as to why they consider that this requirement is not engaged in relation to the plan,
(c) the proposed local plan is designed to secure that the use and development of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change in accordance with section 15C(6) of the Act,
(d) the proposed local plan takes account of any local nature recovery strategy that relates to all or part of the local planning authority’s area in accordance with section 15C(7) of the Act, including in particular the matters set out in section 15C(7)(a) to (c),
(e) the proposed local plan takes account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed in accordance with section 15C(8) of the Act,
(f) the proposed local plan does not include anything that is not permitted or required by or under section 15C(3) to (5) or (10) of the Act, or regulation 11, in accordance with section 15C(9)(a) of the Act,
(g) the local planning authority have complied with section 15CA(3) of the Act at the times prescribed by regulations 26 (gateway 2), 31 (gateway 3: prescribed requirements assessment) and, where it applies, regulation 33 (repeat of gateway 3),
(h) the local planning authority have published, in accordance with section 15CA(5) of the Act and regulation 26 (5) (a), any observations or advice received under section 15CA(3) of the Act sought in accordance with regulation 26 (gateway 2),
(i) in preparing their proposed local plan, the local planning authority have had regard to the matters set out in section 15CA(6) of the Act, and in regulation 14,
(j) the local planning authority have prepared the documents prescribed by regulation 34 (1) (a) and (c) to (i) (independent examination submission documents),
(k) the local planning authority’s map of proposed local plan policies accurately illustrates the proposed geographical application of policies which relate to part of the authority’s area in their proposed local plan, and
(l) the local planning authority are ready to proceed to independent examination in respect of their proposed local plan.
Repeat of gateway 3: further prescribed requirements assessment by an appointed person
- —(1) Subject to paragraphs (8) and (9), this regulation only applies where—
(a) a local planning authority have sought observations and advice under section 15CA(3) of the Act in accordance with regulation 31 (1) and (2) (gateway 3: prescribed requirements assessment), and
(b) the person appointed by the Secretary of State under section 15CA(3) of the Act (“ the appointed person ”) has advised that one or more of the requirements prescribed by regulation 32 are not met in relation to the local planning authority’s proposed local plan.
(2) As soon as is reasonably practicable after receiving such advice, the local planning authority must take such steps as are necessary to—
(a) address the reasoned justification for each conclusion included in the advice in accordance with regulation 31 (4) (a) and (b) that a requirement prescribed by regulation 32 has not been met, and
(b) ensure that the requirements prescribed by regulation 32 are met in relation to their proposed local plan.
(3) As soon as is reasonably practicable after complying with paragraph (2), the local planning authority must seek further observations and advice under section 15CA(3) of the Act as to whether each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan.
(4) A local planning authority must send to the appointed person the gateway 3 submission documents (as updated following the steps taken in accordance with paragraph (2)), on the same day as the authority comply with paragraph (3).
(5) Observations or advice provided under section 15CA(3) of the Act and this regulation must—
(a) set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 32 is met or (as the case may be) not met in relation to the proposed local plan,
(b) contain a reasoned justification for each conclusion, and
(c) be sent to the local planning authority by way of electronic communications and the textual content must be set out in typescript.
(6) When a local planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—
(a) make the observations or advice available in accordance with regulation 88,
(b) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and
(c) send a copy of the observations or advice to each person identified or referred to in the observations or advice.
(7) Where the appointed person has advised that each of the requirements prescribed by regulation 32 are met in relation to their proposed local plan, on the same day as the local planning authority comply with paragraph (6), the authority must make available in accordance with regulation 88 —
(a) a gateway 3 completion statement, and
(b) the gateway 3 submission documents.
(8) Where an appointed person from whom a local planning authority has sought further observations and advice under this regulation has advised that one or more of the requirements prescribed by regulation 32 are not met in relation to the authority’s proposed local plan, the authority must comply with paragraphs (2) and (3) again, but the reference to regulation 31 (4) (a) and (b) in paragraph (2) (a) must be read as a reference to paragraph (5) (a) and (b).
(9) Where a local planning authority seeks further observations and advice in accordance with paragraph (8), the requirements in paragraphs (4) to (7) apply in relation to those further observations and advice.
Submission of documents and information to the Secretary of State
- —(1) The documents prescribed for the purposes of section 15D(2) of the Act are—
(a) the local planning authority’s map of proposed local plan policies,
(b) a gateway 3 completion statement,
(c) a statement setting out a summary of the consultation and engagement activities carried out by the local planning authority in preparing their proposed local plan,
(d) the local planning authority’s summary of consultation on the proposed local plan,
(e) where regulation 28 (conformity with operative spatial development strategy) applies to the local planning authority and representations were made under that regulation, copies of those representations,
(f) a statement of compliance,
(g) a statement of soundness,
(h) where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004, a copy of that report,
(i) where the local planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed local plan is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a copy of the statement of its reasons for the determination prepared under regulation 9 (3) of those Regulations, and
(j) such supporting documents as the local planning authority consider necessary to demonstrate that it would be reasonable for the examiner to conclude that their proposed local plan is sound.
(2) As soon as is reasonably practicable after a local planning authority submit their proposed local plan to the Secretary of State for independent examination, the authority must—
(a) publish on their website a statement confirming the date on which the proposed local plan was submitted to the Secretary of State for independent examination,
(b) make available in accordance with regulation 88 —
(i) a copy of the proposed local plan,
(ii) a copy of each of the documents referred to in paragraph (1) of this regulation, and
(iii) a statement of the, fact that the documents referred to in paragraphs (i) and (ii) are available for inspection and of the places and times at which they can be inspected, and
(c) notify each person who requested to be notified of the submission of the proposed local plan to the Secretary of State for independent examination and such other persons as the authority consider appropriate that—
(i) the proposed local plan has been submitted to the Secretary of State, and
(ii) the documents referred to in sub-paragraph (b) (i) and (ii) are available for inspection and of the places and times at which they can be inspected.
Independent examination: local plans
- —(1) At least six weeks before the opening of a hearing held to give persons the opportunity to appear before and be heard by the examiner under section 15D of the Act, the local planning authority must—
(a) make the matters specified in paragraph (2) available in accordance with regulation 88, and
(b) notify each person who requested to be notified of the making available of the matters specified in paragraph (2) and such other persons as the authority consider appropriate that those matters are available for inspection and of the places and times at which they can be inspected.
(2) The matters specified in this paragraph are—
(a) the date, time and place at which the hearing is to be held, and
(b) the name of the examiner.
Pause of independent examination for further work
- —(1) The period prescribed for the purposes of section 15DA(3)(b) of the Act (the pause period), in relation to the examination of a local plan, is six months.
(2) As soon as is reasonably practicable after receiving a notification under section 15DA(2) of the Act, the local planning authority must notify each person who requested to be so notified of the decision of the examiner under section 15D(7) of the Act.
(3) A local planning authority must comply with section 15DA(7) of the Act as soon as is reasonably practicable after complying with section 15DA(6).
(4) When a local planning authority comply with section 15DA(7) of the Act, the authority must on the same day—
(a) make the document and evidence sent to the examiner under section 15DA(6) of the Act available in accordance with regulation 88, and
(b) notify each person to whom notification was sent in accordance with paragraph (2) that the document and evidence are available for inspection and of the places and times at which they can be inspected.
(5) A local planning authority must comply with section 15DA(10) of the Act as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15DA(8).
(6) When a local planning authority comply with section 15DA(10) of the Act, the authority must on the same day—
(a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and
(b) notify each person to whom notification was sent in accordance with paragraph (2) that the recommendations and reasons of the examiner are available for inspection and of the places and times at which they can be inspected.
Publication of the recommendations and reasons of the examiner: local plans
- —(1) A local planning authority must comply with section 15D(13) of the Act—
(a) as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15D of the Act, or
(b) where the Secretary of State gives a direction under section 15H(1) or section 15HA(2)(c)(i) of the Act after the examiner has made a recommendation under section 15D(9), (11) or (12) of the Act, as soon as is reasonably practicable after receipt of the direction.
(2) When a local planning authority comply with section 15D(13) of the Act, the authority must on the same day—
(a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and
(b) notify each person who requested to be so notified of the publication of the recommendations and reasons of the examiner.
Withdrawal of a local plan
- Where a local planning authority withdraw a local plan under section 15E of the Act, the authority must as soon as is reasonably practicable after withdrawing it—
(a) make a statement of that fact available in accordance with regulation 88,
(b) send, to each person or body who were invited to make representations under regulation 20 (scoping consultation), regulation 23 (consultation on proposed local plan content and evidence) or regulation 27 (consultation on the proposed local plan), notification that the local plan has been withdrawn, and
(c) cease to make all documents relating to the withdrawn local plan (other than the statement mentioned in paragraph (a) and the local planning authority’s local plan timetable) available in accordance with regulation 88.
Adoption of a local plan
- —(1) As soon as is reasonably practicable after a local planning authority adopt a local plan under section 15EA of the Act, the authority must—
(a) make available in accordance with regulation 88 —
(i) the local plan, and
(ii) an adoption statement, and
(b) send a copy of the adoption statement to each person who requested to be notified of the adoption of the local plan.
(2) In this regulation, “ adoption statement ” means a statement specifying—
(a) the date on which the local plan was adopted,
(b) any modifications made to the local plan under section 15EA(1) or (2) of the Act,
(c) details of where the local plan is available for inspection and of the places and times at which it can be inspected,
(d) the date by which the local planning authority must begin preparation of a new local plan in accordance with regulation 18,
(e) that a person aggrieved by the local plan may make an application to the High Court under section 113 of the Act, and
(f) the grounds on which, and the period within which, such an application may be made.
Revocation of a local plan
- —(1) Where a local plan is revoked under section 15G(2)(a) of the Act, the local planning authority must as soon as is reasonably practicable after the revocation occurs—
(a) make a statement of that fact available in accordance with regulation 88, and
(b) take such other steps as they consider necessary to draw the revocation of the local plan to the attention of persons living or working in their area.
(2) Where a joint local plan, so far as it relates to the area of one of the relevant authorities, is revoked under section 15G(3)(a) of the Act(66), the local planning authority for whose area the plan has been revoked must as soon as is reasonably practicable after the revocation occurs—
(a) make a statement of that fact available in accordance with regulation 88, and
(b) take such other steps as they consider necessary to draw the revocation of the joint local plan, so far as it relates to their area, to the attention of persons living or working in their area.
(3) As soon as is reasonably practicable after a local plan is revoked under section 15G of the Act, the local planning authority must cease to make all documents relating to the revoked local plan (other than the statement mentioned in paragraph (1)(a), where the local plan is revoked under section 15G(2)(a), and the local planning authority’s local plan timetable) available in accordance with regulation 88.
Revision of a local plan
- These Regulations apply in relation to a revision of a local plan under section 15GA of the Act as they apply in relation to a local plan.
Part 5 MINERALS AND WASTE PLANS
Interpretation of Part 5
- In this Part—
“ gateway 3 completion statement ” means a statement confirming the date on which the minerals and waste planning authority was advised under section 15CA(3) of the Act and regulation 56 (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 58 (repeat of gateway 3), by a person appointed by the Secretary of State, that each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document;
“ gateway 3 submission documents ” means the following documents—
(a) the minerals and waste planning authority’s proposed minerals and waste plan document that they intend to submit to the Secretary of State for independent examination under section 15D(1) of the Act;
(b) the minerals and waste planning authority’s map of proposed minerals and waste plan document policies;
(c) a statement of compliance;
(d) a statement of soundness;
(e) a statement setting out a summary of the consultation and engagement activities carried out by the minerals and waste planning authority in preparing their proposed minerals and waste plan document;
(f) the minerals and waste planning authority’s summary of scoping consultation;
(g) the minerals and waste planning authority’s summary of consultation on proposed minerals and waste plan document content and evidence;
(h) the minerals and waste planning authority’s summary of consultation on the proposed minerals and waste plan document;
(i) where regulation 53 (conformity with operative spatial development strategy) applies to the minerals and waste planning authority, copies of any representations made in accordance with that regulation;
(j) a statement setting out the minerals and waste planning authority’s practical arrangements demonstrating readiness for examination;
(k) where regulation 54 (supplementary plans statement) applies to the minerals and waste planning authority, a supplementary plans statement;
(l) where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004, a copy of that report;
(m) where the minerals and waste planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed minerals and waste plan document is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a copy of the statement of its reasons for the determination prepared under regulation 9 (3) of those Regulations;
(n) such other documents or information as the minerals and waste planning authority consider necessary to support the person appointed by the Secretary of State under section 15CA(3) of the Act in providing observations and advice of the nature specified in regulation 56 (2) (gateway 3: prescribed requirements assessment) or (as the case may be) regulation 58 (3) (repeat of gateway 3);
“ statement of compliance ” means a statement setting out the following information—
(a) details of how the proposed minerals and waste plan document complies with, or the minerals and waste planning authority have complied with, the requirements prescribed by regulation 57 (gateway 3: prescribed requirements);
(b) where the proposed minerals and waste plan document does not include content of the nature specified in regulation 12 (4) (superseded policies), an explanation as to why the minerals and waste planning authority consider that this requirement is not engaged in relation to the document;
(c) where a spatial development strategy(67) is operative in relation to the relevant area of the minerals and waste planning authority, how the authority have prepared their proposed minerals and waste plan document to be in general conformity with that strategy, in accordance with section 15CA(2) of the Act;
(d) details of where observations or advice made available in accordance with regulation 51 (5) (a) (gateway 2) and regulation 88 are available for inspection and of the places and times which they can be inspected;
“ statement of soundness ” means a statement setting out details of the evidence which the minerals and waste planning authority has gathered to support their proposed minerals and waste plan document and how the authority consider that this evidence demonstrates that it would be reasonable for the examiner to conclude that the document is sound;
“ summary of consultation on proposed minerals and waste plan document content and evidence ” means the document referred to in regulation 49;
“ summary of consultation on the proposed minerals and waste plan document ” means the document referred to in regulation 55;
“ summary of scoping consultation ” means the document referred to in regulation 47;
“ supplementary plans statement ” means the document referred to in regulation 54.
Preparation of a new minerals and waste plan document
- —(1) A minerals and waste planning authority must begin preparation of one or more new minerals and waste plan documents to replace the entirety of an existing document which is or forms part of the authority’s minerals and waste plan within the period of five years beginning with the day after the date on which—
(a) the authority passed a resolution adopting the existing document under section 15EA of the Act, or
(b) the existing document was approved under Part 2 of the Act.
(2) For the purposes of paragraph (1), a minerals and waste planning authority has begun preparation of a new minerals and waste plan document once they have complied with regulation 46 (3) (gateway 1: self-assessment of readiness to begin minerals and waste plan preparation) in relation to the new minerals and waste plan document.
Notice of intention to commence minerals and waste plan document preparation
- —(1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, and make available in accordance with regulation 88, a document to be known as their “notice of intention to commence minerals and waste plan document preparation”.
(2) The notice of intention to commence minerals and waste plan document preparation must contain the following information—
(a) the name of the minerals and waste planning authority who have prepared the notice,
(b) the geographical area to which the minerals and waste plan document is to relate,
(c) the title, if any, by which the minerals and waste planning authority will refer to the minerals and waste plan document,
(d) details of where the minerals and waste planning authority’s minerals and waste plan timetable is published,
(e) details of whether the minerals and waste plan document which the minerals and waste planning authority are to prepare is intended to incorporate all or part of the authority’s minerals and waste plan, and
(f) the date on which the notice is made available under paragraph (1).
(3) Where a minerals and waste plan document for a minerals and waste planning authority’s relevant area(68) is to be a joint minerals and waste plan document, the authority’s notice of intention to commence minerals and waste plan document preparation must also specify each other minerals and waste planning authority for whose relevant area the joint minerals and waste plan document is to be a document which is or forms part of their minerals and waste plan.
Scoping consultation: minerals and waste plan document
- —(1) No earlier than on the date on which a minerals and waste planning authority make their notice of intention to commence minerals and waste plan document preparation available under regulation 44 (1), the authority must—
(a) invite the bodies specified in paragraph (2) to make representations to the minerals and waste planning authority about—
(i) such matters relevant to the preparation of the minerals and waste plan document as the authority or body consider appropriate, including what the document should contain, and
(ii) how the authority should engage with them in the preparation of the minerals and waste plan document, and
(b) make a notice of scoping consultation available in accordance with regulation 88.
(2) The bodies specified in this paragraph are—
(a) such of the general consultation bodies as the minerals and waste planning authority consider appropriate, and
(b) such of the specific consultation bodies as the minerals and waste planning authority consider may have an interest in the preparation of the minerals and waste plan document.
(3) Any person may make representations to a minerals and waste planning authority about the matters set out at paragraph (1) (a) (i) and (ii).
(4) Any representations made under this regulation must be received by the minerals and waste planning authority by the date specified in the notice of scoping consultation.
(5) In this regulation, “ notice of scoping consultation ” means a notice specifying—
(a) the matters which the minerals and waste planning authority have invited representations about under paragraph (1) (a) (i) and (ii),
(b) the date on or before which representations about the matters set out in paragraph (1) (a) (i) and (ii) must be received by the minerals and waste planning authority,
(c) the address to which representations about the matters set out in paragraph (1) (a) (i) and (ii) may be made, and
(d) that representations about the matters set out in paragraph (1) (a) (i) and (ii) may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—
(i) the making available of proposed minerals and waste plan document content and evidence under regulation 48 (1) (b) (consultation on proposed minerals and waste plan document content and evidence);
(ii) the publication of observations or advice under section 15CA(5) of the Act;
(iii) the making available of the proposed minerals and waste plan document submission documents under regulation 52 (1) (b) (consultation on the proposed minerals and waste plan document);
(iv) the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act;
(v) the making available of the matters specified in regulation 60 (2) in accordance with regulation 60 (1) (a) (independent examination: minerals and waste plan document);
(vi) a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;
(vii) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6) of the Act;
(viii) the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);
(ix) the adoption or approval of the minerals and waste plan document under Part 2 of the Act.
Gateway 1: self-assessment of readiness for minerals and waste plan document preparation
- —(1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “self-assessment summary”.
(2) The self-assessment summary must set out details relating to the following—
(a) the minerals and waste planning authority’s minerals and waste plan timetable, including whether the authority has published a timetable which complies with the requirements in sections 15B and 15BB of the Act(69) and Part 2 of these Regulations,
(b) the minerals and waste planning authority’s project management and governance arrangements for the preparation of their minerals and waste plan document,
(c) the minerals and waste planning authority’s proposed approach to consultation and engagement in preparing their minerals and waste plan document,
(d) the anticipated content of the minerals and waste planning authority’s minerals and waste plan document, and
(e) any obligation arising under Part 2 and Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004.
(3) A minerals and waste planning authority must make their self-assessment summary available in accordance with regulation 88 no earlier than the later of—
(a) the first day after the period of four months beginning with the date on which the authority make available their notice of intention to commence minerals and waste plan document preparation under regulation 44 (1), or
(b) the day the date specified in the notice of scoping consultation.
Publication of summary of scoping consultation
- —(1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “summary of scoping consultation”.
(2) The summary of scoping consultation must set out—
(a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 45,
(b) the manner by which those invited bodies were asked to make any representations under regulation 45,
(c) if representations were made under regulation 45, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,
(d) if representations were made under regulation 45, how the minerals and waste planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and
(e) if applicable, that no representations were made under regulation 45.
(3) A minerals and waste planning authority must make their summary of scoping consultation available in accordance with regulation 88 no earlier than on the day after the date on which the authority make their self-assessment summary available under regulation 46 (3).
Consultation on proposed minerals and waste plan document content and evidence
- —(1) No earlier than on the day after the date on which a minerals and waste planning authority make their summary of scoping consultation available under regulation 47 (3), the authority must—
(a) make a notice of content and evidence consultation available in accordance with regulation 88,
(b) make proposed minerals and waste plan document content and evidence available in accordance with regulation 88,
(c) notify each of the persons specified in paragraph (2) that the notice of content and evidence consultation and the proposed minerals and waste plan document content and evidence are available for inspection and of the places and times at which they can be inspected, and
(d) invite each of the persons specified in paragraph (2) to make representations to the minerals and waste planning authority about the proposed minerals and waste plan document content and evidence.
(2) The persons specified in this paragraph are—
(a) such of the general consultation bodies as the minerals and waste planning authority consider appropriate,
(b) such of the specific consultation bodies as the minerals and waste planning authority consider may have an interested in the proposed minerals and waste plan document,
(c) such residents or other persons carrying on business in the minerals and waste planning authority’s relevant area as the authority consider appropriate, and
(d) any person who requested to be notified of the making available of the proposed minerals and waste plan document content and evidence.
(3) Any person may make representations to a minerals and waste planning authority about the proposed minerals and waste plan document content and evidence.
(4) Any representations made under this regulation must be received by the minerals and waste planning authority by the date specified in the notice of content and evidence consultation.
(5) In this regulation—
“ notice of content and evidence consultation ” means a notice specifying—
(a) details of where the proposed minerals and waste plan document content and evidence made available in accordance with paragraph (1) (b) and regulation 88 is available for inspection and of the places and times at which it can be inspected,
(b) the date on or before which representations about the proposed minerals and waste plan document content and evidence must be received by the minerals and waste planning authority, which must be a date not less than six weeks from the date on which the notice is published,
(c) the address to which representations about the proposed minerals and waste plan document content and evidence may be made, and
(d) that representations about the proposed minerals and waste plan document content and evidence may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—
(i) the publication of observations or advice under section 15CA(5) of the Act;
(ii) the making available of the proposed minerals and waste plan document submission documents under regulation 52 (1) (b) (consultation on the proposed minerals and waste plan document);
(iii) the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act;
(iv) the making available of the matters specified in regulation 60 (2) in accordance with regulation 60 (1) (a) (independent examination: minerals and waste plan document);
(v) a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;
(vi) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6);
(vii) the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);
(viii) the adoption or approval of the minerals and waste plan document under Part 2 of the Act;
“ proposed minerals and waste plan document content and evidence ” means a document setting out—
(a) a proposed vision for the future of the minerals and waste planning authority’s relevant area and proposed measurable outcomes,
(b) any proposed aims and objectives of the minerals and waste planning authority for the period of the minerals and waste plan document, including the approach that the authority propose to take to achieve the proposed vision for the future of the authority’s relevant area,
(c) a summary of the minerals and waste planning authority’s proposed approach in relation to policies of the kind mentioned in section 15CB(2) and (3)(a) of the Act, in particular policies relating to the location of minerals and waste development in the authority’s relevant area,
(d) details of the evidence that the minerals and waste planning authority has gathered to support the minerals and waste plan document, if any, and a summary of the evidence that the authority intends to gather in this respect, and
(e) such supporting information relating to the proposed minerals and waste plan document as the minerals and waste planning authority consider appropriate.
Publication of summary of consultation on proposed minerals and waste plan document content and evidence
- —(1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “summary of consultation on proposed minerals and waste plan document content and evidence”.
(2) The summary of consultation on proposed minerals and waste plan document content and evidence must set out—
(a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 48,
(b) the manner by which those invited bodies were asked to make any representations under regulation 48,
(c) if representations were made under regulation 48, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,
(d) if representations were made under regulation 48, how the minerals and waste planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and
(e) if applicable, that no representations were made under regulation 48.
(3) A minerals and waste planning authority must make their summary of consultation on proposed minerals and waste plan document content and evidence available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of content and evidence consultation.
Map of proposed minerals and waste plan document policies
- —(1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “map of proposed minerals and waste plan document policies”.
(2) The map of proposed minerals and waste plan document policies must include a map of the minerals and waste planning authority’s relevant area which must—
(a) be reproduced from, or based on, an Ordnance Survey map,
(b) include an explanation of symbols or notations which it uses, and
(c) visually illustrate the geographical application of policies which relate to part of the minerals and waste planning authority’s relevant area in their proposed minerals and waste plan document.
(3) For each policy which relates to the whole of the minerals and waste planning authority’s relevant area in their proposed minerals and waste plan document, the map of proposed minerals and waste plan document policies must include text setting out—
(a) the title of the policy, if any,
(b) the reference number of the policy, if any, and
(c) a description of the policy.
Gateway 2: observations and advice from an appointed person
- —(1) A minerals and waste planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed minerals and waste plan document under section 15CA(3) of the Act no earlier than on the day after the date on which the authority make their summary of consultation on proposed minerals and waste plan document content and evidence available under regulation 49 (3).
(2) A minerals and waste planning authority must seek—
(a) observations on any proposed minerals and waste plan document content which the minerals and waste planning authority send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“ the appointed person ”) in accordance with paragraph (3), including progress towards the preparation of a minerals and waste plan document which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act,
(b) advice on preparing a minerals and waste plan document which is one which it would be reasonable for an examiner to conclude is sound when submitted for independent examination under section 15D(1) of the Act, including further work which could be carried out by the authority, if any, and
(c) observations and advice on the minerals and waste planning authority’s progress towards—
(i) meeting the requirements prescribed by regulation 57 (1) (a) to (f), (i) and (k) (gateway 3: prescribed requirements), and
(ii) preparing a minerals and waste plan document which is in general conformity with the spatial development strategy, if one is operative in relation to the minerals and waste planning authority’s relevant area, in accordance with section 15CA(2) of the Act.
(3) A minerals and waste planning authority must send to the appointed person such documents or other information as the authority consider necessary in order for that person to provide observations and advice of the nature specified in paragraph (2), on the same day as the authority comply with paragraph (1).
(4) The appointed person must send observations or advice provided in accordance with this regulation to the minerals and waste planning authority by way of electronic communications, and the textual content of the observations or advice must be set out in typescript.
(5) When a minerals and waste planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—
(a) make the observations or advice available in accordance with regulation 88,
(b) make available in accordance with regulation 88 all documents or other information sent to the appointed person in accordance with paragraph (3),
(c) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and
(d) send a copy of the observations or advice to each person identified or referred to in the observations or advice.
Consultation on the proposed minerals and waste plan document
- —(1) No earlier than on the day after the date on which a minerals and waste planning authority publish, in accordance with section 15CA(5) of the Act, observations or advice received under section 15CA(3) and regulation 51, the authority must—
(a) make a notice of proposed minerals and waste plan document consultation available in accordance with regulation 88,
(b) make the proposed minerals and waste plan document submission documents available in accordance with regulation 88,
(c) notify each of the persons specified in paragraph (2) that the notice of proposed minerals and waste plan document consultation and the proposed minerals and waste plan document submission documents are available for inspection and of the places and times at which they can be inspected, and
(d) invite each of the persons specified in paragraph (2) to make representations to the minerals and waste planning authority about the proposed minerals and waste plan document submission documents.
(2) The persons specified in this paragraph are—
(a) such of the general consultation bodies as the minerals and waste planning authority consider appropriate,
(b) such of the specific consultation bodies as the minerals and waste planning authority consider may have an interest in the proposed minerals and waste plan document,
(c) such residents or other persons carrying on business in the minerals and waste planning authority’s relevant area as the authority consider appropriate, and
(d) any person who requested to be notified of the making available of the proposed minerals and waste plan document submission documents.
(3) Any person may make representations to a minerals and waste planning authority about the proposed minerals and waste plan document submission documents.
(4) Any representations made under this regulation must be received by the minerals and waste planning authority by the date specified in the notice of proposed minerals and waste plan document consultation.
(5) In this regulation—
“ notice of proposed minerals and waste plan document consultation ” means a notice specifying—
(a) the title, if any, of the proposed minerals and waste plan document,
(b) details of where the proposed minerals and waste plan document submission documents made available in accordance with paragraph (1) (b) are available for inspection and of the places and times at which they can be inspected,
(c) the date on or before which representations about the proposed minerals and waste plan document submission documents must be received by the minerals and waste planning authority, which must be a date not less than eight weeks from the date on which the notice is published,
(d) the address to which representations about the proposed minerals and waste plan document submission documents may be made, and
(e) that representations about the proposed minerals and waste plan document submission documents may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—
(i) the publication of observations or advice under section 15CA(5) of the Act;
(ii) the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act;
(iii) the making available of the matters specified in regulation 60 (2) in accordance with regulation 60 (1) (a) (independent examination: minerals and waste plan document);
(iv) a decision under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;
(v) the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6);
(vi) the publication of the recommendations and reasons received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);
(vii) the adoption or approval of the minerals and waste plan document under Part 2 of the Act;
“ proposed minerals and waste plan document submission documents ” means the following documents—
(a) the minerals and waste planning authority’s proposed minerals and waste plan document;
(b) the minerals and waste planning authority’s map of proposed minerals and waste plan document policies;
(c) a document setting out details of the evidence which the minerals and waste planning authority has gathered to support the proposed minerals and waste plan document;
(d) a statement setting out—
(i) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 45 (scoping consultation) and regulation 48 (consultation on proposed minerals and waste plan document content and evidence),
(ii) the manner by which those invited bodies were asked to make any representations,
(iii) a summary of the main issues raised by those representations, and
(iv) how those main issues have been addressed in the proposed minerals and waste plan document;
(e) such supporting documents as the minerals and waste planning authority consider relevant to the preparation of the proposed minerals and waste plan document.
Conformity with operative spatial development strategy
- —(1) This regulation applies only to a minerals and waste planning authority in relation to whose relevant area there is an operative spatial development strategy.
(2) When a minerals and waste planning authority comply with regulation 52 (1) (consultation on the proposed minerals and waste plan document), the authority must on the same day—
(a) notify the authority or person who published or adopted the spatial development strategy that the proposed minerals and waste plan document submission documents and notice of proposed minerals and waste plan document consultation are available for inspection and of the places and times at which they can be inspected, and
(b) invite that authority or person to make representations to the minerals and waste planning authority about whether the proposed minerals and waste plan document is in general conformity with the spatial development strategy by the date specified in the notice of proposed minerals and waste plan document consultation.
Supplementary plans statement
- —(1) Paragraphs (2) to (4) apply where the development plan for a minerals and waste planning authority’s relevant area which has effect includes one or more supplementary plans prepared by the authority under section 15CC(1) of the Act.
(2) The minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “supplementary plans statement”.
(3) The supplementary plans statement must set out, in relation to each supplementary plan prepared by the minerals and waste planning authority which has effect as part of the development plan for the authority’s relevant area—
(a) whether the authority’s proposed minerals and waste plan document includes matters included in the supplementary plan, and
(b) whether the authority intends—
(i) for the supplementary plan to remain in effect following the adoption of their proposed minerals and waste plan document,
(ii) to request the Secretary of State to revoke the supplementary plan under section 15G(2)(b) of the Act following the adoption of their proposed minerals and waste plan document,
(iii) to request the Secretary of State to revoke the supplementary plan so far as it relates to their area or one or more specific sites in their area under section 15G(3)(b) of the Act(70) following the adoption of their proposed minerals and waste plan document, or
(iv) to revoke the supplementary plan under regulation 77 following the adoption of their proposed minerals and waste plan document.
(4) The minerals and waste planning authority must make available in accordance with regulation 88 the supplementary plan statement on the same day as the authority make available the proposed minerals and waste plan document submission documents under regulation 52 (consultation on the proposed minerals and waste plan document).
Publication of summary of consultation on the proposed minerals and waste plan document
- —(1) A minerals and waste planning authority must prepare, in connection with the preparation of their minerals and waste plan document, a document to be known as their “summary of consultation on the proposed minerals and waste plan document”.
(2) The summary of consultation on the proposed minerals and waste plan document must set out—
(a) the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 52,
(b) the manner by which those invited bodies were asked to make any representations under regulation 52,
(c) if representations were made under regulation 52, whether by persons invited to do so or otherwise, a summary of the main issues raised in those representations,
(d) if representations were made under regulation 52, how the minerals and waste planning authority have, to date, had regard to those representations in accordance with section 15CA(6)(b) of the Act, and
(e) if applicable, that no representations were made under regulation 52.
(3) A minerals and waste planning authority must make their summary of consultation on the proposed minerals and waste plan document available in accordance with regulation 88 no earlier than on the day after the date specified in the notice of proposed minerals and waste plan document consultation.
Gateway 3: prescribed requirements assessment by an appointed person
- —(1) A minerals and waste planning authority must seek observations and advice of the nature specified in paragraph (2) in relation to their proposed minerals and waste plan document under section 15CA(3) of the Act—
(a) at the time that the minerals and waste planning authority consider that the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document, and
(b) in any event, no earlier than on the day after the date on which the minerals and waste planning authority make their summary of consultation on the proposed minerals and waste plan document available under regulation 55 (3).
(2) A minerals and waste planning authority must seek observations and advice on whether each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document.
(3) A minerals and waste planning authority must send to the person appointed by the Secretary of State under section 15CA(3) of the Act (“ the appointed person ”) the gateway 3 submission documents, on the same day as the authority comply with paragraph (1).
(4) Observations or advice provided under section 15CA(3) of the Act in accordance with this regulation must—
(a) set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 57 is met or (as the case may be) not met in relation to the proposed minerals and waste plan document,
(b) contain a reasoned justification for each conclusion, and
(c) be sent to the minerals and waste planning authority by way of electronic communications and the textual content must be set out in typescript.
(5) When a minerals and waste planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—
(a) make the observations or advice available in accordance with regulation 88,
(b) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and
(c) send a copy of the observations or advice to each person identified or referred to in the observations or advice.
(6) Where the appointed person has advised that each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document, on the same day as the minerals and waste planning authority comply with paragraph (5), the authority must make available in accordance with regulation 88 —
(a) a gateway 3 completion statement, and
(b) the gateway 3 submission documents.
Gateway 3: prescribed requirements
- —(1) The requirements prescribed for the purposes of section 15D(1) of the Act are that the person appointed by the Secretary of State under section 15CA(3) of the Act must be satisfied that—
(a) where this sub-paragraph applies in accordance with paragraph (2), upon the adoption or approval of the relevant document under Part 2 of the Act, the minerals and waste plan for the minerals and waste planning authority’s relevant area will set out policies of the authority (however expressed) in relation to the amount, type and location of, and timetable for, all of the county matters which comprise minerals and waste development(71), in the relevant area, in accordance with section 15CB(2) of the Act,
(b) where this sub-paragraph applies in accordance with paragraph (3), the relevant document sets out policies of the minerals and waste planning authority (however expressed) in relation to the amount, type and location of, and timetable for, one or more of the county matters which comprise minerals and waste development, in the relevant area,
(c) the relevant document, in accordance with regulation 12 (form and content of minerals and waste plan documents)—
(i) contains a vision for the future of the minerals and waste planning authority’s relevant area (however expressed) setting out how the area is intended to change over the period of the document and which relates to the particular characteristics or circumstances of the authority’s relevant area,
(ii) contains no more than ten measurable outcomes, designed to monitor progress towards meeting the vision for the future of the minerals and waste planning authority’s relevant area, and
(iii) includes content of the nature specified in regulation 12 (4) (superseded policies), unless the minerals and waste planning authority’s statement of compliance sets out details as to why they consider that this requirement is not engaged in relation to the document,
(d) the relevant document is designed to secure that the use and development of land in the minerals and waste planning authority’s relevant area contributes to the mitigation of, and adaptation to, climate change, in accordance with section 15CB(5) of the Act,
(e) the relevant document takes account of any local nature recovery strategy that relates to all or part of the relevant area in accordance with section 15CB(6) of the Act, including in particular the matters set out in section 15CB(6)(a) to (c),
(f) the relevant document does not include anything that is not permitted or required by or under section 15CB(2) to (4) of the Act, or regulation 12, in accordance with section 15CB(7)(a) of the Act,
(g) the minerals and waste planning authority have complied with section 15CA(3) of the Act at the times prescribed by regulation 51 (gateway 2), regulation 56 (gateway 3: prescribed requirements assessment) and, where it applies, regulation 58 (repeat of gateway 3),
(h) the minerals and waste planning authority have published, in accordance with section 15CA(5) of the Act and regulation 51 (5) (a), any observations or advice received under section 15CA(3) of the Act sought in accordance with regulation 51 (gateway 2),
(i) in preparing the relevant document, the minerals and waste planning authority have had regard to the matters set out in section 15CA(6) of the Act, and in regulation 15,
(j) the minerals and waste planning authority have prepared the documents prescribed by regulation 59 (1) (a) and (c) to (i) (independent examination submission documents),
(k) the minerals and waste planning authority’s map of proposed minerals and waste plan document policies accurately illustrates the proposed geographical application of policies which relate to part of the authority’s relevant area in the relevant document, and
(l) the minerals and waste planning authority are ready to proceed to independent examination in respect of the relevant document.
(2) Paragraph (1) (a) applies where—
(a) the relevant document is to be the minerals and waste plan for the minerals and waste planning authority’s relevant area upon its adoption or approval under Part 2 of the Act, or
(b) the relevant document—
(i) will form part of the minerals and waste plan for the minerals and waste planning authority’s relevant area upon its adoption or approval under Part 2 of the Act, and
(ii) is the last document which is to form part of the minerals and waste plan for the minerals and waste planning authority’s relevant area alongside each other document which is or forms part of the minerals and waste plan for the authority’s relevant area.
(3) Paragraph (1) (b) applies where the minerals and waste planning authority are to prepare one or more further minerals and waste plan documents which are to, upon their adoption or approval under Part 2 of the Act, form part of the minerals and waste plan for their relevant area collectively with—
(a) the relevant document (if the relevant document is adopted or approved under Part 2 of the Act), and
(b) any other document which forms part of the minerals and waste plan for the authority’s relevant area which is already in effect.
(4) In this regulation, “ relevant document ” means the proposed minerals and waste plan document in relation to which a minerals and waste planning authority have sought observations and advice under section 15CA(3) of the Act and regulation 56 (gateway 3: prescribed requirements assessment) or, where applicable, regulation 58 (repeat of gateway 3).
Repeat of gateway 3: further prescribed requirements assessment by an appointed person
- —(1) Subject to paragraphs (8) and (9), this regulation only applies where—
(a) a minerals and waste planning authority have sought observations and advice under section 15CA(3) of the Act in accordance with regulation 56 (1) and (2) (gateway 3: prescribed requirements assessment), and
(b) the person appointed by the Secretary of State under section 15CA(3) of the Act (“ the appointed person ”) has advised that one or more of the requirements prescribed by regulation 57 are not met in relation to the minerals and waste planning authority’s proposed minerals and waste plan document.
(2) As soon as is reasonably practicable after receiving such advice, the minerals and waste planning authority must take such steps as are necessary to—
(a) address the reasoned justification for each conclusion included in the advice in accordance with regulation 56 (4) (a) and (b) that a requirement prescribed by regulation 57 has not been met, and
(b) ensure that the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document.
(3) As soon as is reasonably practicable after complying with paragraph (2), the minerals and waste planning authority must seek further observations and advice under section 15CA(3) of the Act as to whether each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document.
(4) A minerals and waste planning authority must send to the appointed person the gateway 3 submission documents (as updated following the steps taken in accordance with paragraph (2)), on the same day as the authority comply with paragraph (3).
(5) Observations or advice provided under section 15CA(3) of the Act in accordance with this regulation must—
(a) set out the conclusion of the appointed person as to whether each requirement prescribed by regulation 57 is met or (as the case may be) not met in relation to the proposed minerals and waste plan document,
(b) contain a reasoned justification for each conclusion, and
(c) be sent to the minerals and waste planning authority by way of electronic communications and the textual content must be set out in typescript.
(6) When a minerals and waste planning authority publish observations or advice received under section 15CA(3) of the Act and this regulation in accordance with section 15CA(5) of the Act, the authority must on the same day—
(a) make the observations or advice available in accordance with regulation 88,
(b) notify each person who requested to be notified of the publication of observations or advice under section 15CA(5) of the Act and such other persons as the authority consider appropriate that the observations or advice are published, and
(c) send a copy of the observations or advice to each person identified or referred to in the observations or advice.
(7) Where the appointed person has advised that each of the requirements prescribed by regulation 57 are met in relation to their proposed minerals and waste plan document, on the same day as the minerals and waste planning authority comply with paragraph (6), the authority must make available in accordance with regulation 88 —
(a) a gateway 3 completion statement, and
(b) the gateway 3 submission documents.
(8) Where an appointed person from whom a minerals and waste planning authority has sought further observations and advice under this regulation has advised that one or more of the requirements prescribed by regulation 57 are not met in relation to the authority’s proposed minerals and waste plan document, the authority must comply with paragraphs (2) and (3) again, but the reference to regulation 56 (4) (a) and (b) in paragraph (2) (a) must be read as a reference to paragraph (5) (a) and (b).
(9) Where a minerals and waste planning authority seeks further observations and advice in accordance with paragraph (8), the requirements in paragraphs (4) to (7) apply in relation to those further observations and advice.
Submission of documents and information to the Secretary of State
- —(1) The documents prescribed for the purposes of section 15D(2) of the Act are—
(a) the minerals and waste planning authority’s map of proposed minerals and waste plan document policies,
(b) the gateway 3 completion statement,
(c) a statement setting out a summary of the consultation and engagement activities carried out by the minerals and waste planning authority in preparing their proposed minerals and waste plan document,
(d) the minerals and waste planning authority’s summary of consultation on the proposed minerals and waste plan document,
(e) where regulation 53 (conformity with operative spatial development strategy) applies to the minerals and waste planning authority and representations were made under that regulation, copies of those representations,
(f) a statement of compliance,
(g) a statement of soundness,
(h) where an environmental report has been prepared in accordance with regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004, a copy of that report,
(i) where the minerals and waste planning authority have determined under regulation 9 (1) of the Environmental Assessment of Plans and Programmes Regulations 2004 that the proposed minerals and waste plan document is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a copy of the statement of its reasons for the determination prepared under regulation 9 (3) of those Regulations, and
(j) such supporting documents as the minerals and waste planning authority consider necessary to demonstrate that it would be reasonable for the examiner to conclude that their proposed minerals and waste plan document is sound.
(2) As soon as is reasonably practicable after a minerals and waste planning authority submit their proposed minerals and waste plan document to the Secretary of State for independent examination, the authority must—
(a) publish on their website a statement confirming the date on which the proposed minerals and waste plan document was submitted to the Secretary of State for independent examination,
(b) make available in accordance with regulation 88 —
(i) a copy of the proposed minerals and waste plan document,
(ii) a copy of each of the documents referred to in paragraph (1) of this regulation, and
(iii) a statement of the fact that the documents referred to in paragraphs (i) and (ii) are available for inspection and of the places and times at which they can be inspected, and
(c) notify each person who requested to be notified of the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination and such other persons as the authority consider appropriate that—
(i) the proposed minerals and waste plan document has been submitted to the Secretary of State, and
(ii) the documents referred to in sub-paragraph (b) (i) and (ii) are available for inspection and of the places and times at which they can be inspected.
Independent examination: minerals and waste plan document
- —(1) At least six weeks before the opening of a hearing held to give persons the opportunity to appear before and be heard by the examiner under section 15D of the Act, the minerals and waste planning authority must—
(a) make the matters specified in paragraph (2) available in accordance with regulation 88, and
(b) notify each person who requested to be notified of the making available of the matters specified in paragraph (2) and such other persons as the authority consider appropriate that those matters are available for inspection and of the places and times at which they can be inspected.
(2) The matters specified in this paragraph are—
(a) the date, time and place at which the hearing is to be held, and
(b) the name of the examiner.
Pause of independent examination for further work
- —(1) The period prescribed for the purposes of section 15DA(3)(b) of the Act (the pause period), in relation to the examination of a minerals and waste plan document, is six months.
(2) As soon as is reasonably practicable after receiving a notification under section 15DA(2) of the Act, the minerals and waste planning authority must notify each person who requested to be so notified of the decision of the examiner under section 15D(7) of the Act.
(3) A minerals and waste planning authority must comply with section 15DA(7) of the Act as soon as is reasonably practicable after complying with section 15DA(6).
(4) When a minerals and waste planning authority comply with section 15DA(7) of the Act, the authority must on the same day—
(a) make the document and evidence sent to the examiner under section 15DA(6) of the Act available in accordance with regulation 88, and
(b) notify each person to whom notification was sent in accordance with paragraph (2) that the document and evidence are available for inspection and of the places and times at which they can be inspected.
(5) A minerals and waste planning authority must comply with section 15DA(10) of the Act as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15DA(8).
(6) When a minerals and waste planning authority comply with section 15DA(10) of the Act, the authority must on the same day—
(a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and
(b) notify each person to whom notification was sent in accordance with paragraph (2) that the recommendations and reasons of the examiner are available for inspection and of the places and times at which they can be inspected.
Publication of the recommendations and reasons of the examiner: minerals and waste plan document
- —(1) A minerals and waste planning authority must comply with section 15D(13) of the Act—
(a) as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15D of the Act, or
(b) where the Secretary of State gives a direction under section 15H(1) or section 15HA(2)(c)(i) of the Act(72) after the examiner has made a recommendation under section 15D(9), (11) or (12) of the Act, as soon as is reasonably practicable after receipt of that direction.
(2) When a minerals and waste planning authority comply with section 15D(13) of the Act, the authority must on the same day—
(a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and
(b) notify each person who requested to be so notified of the publication of the recommendations and reasons of the examiner.
Withdrawal of a minerals and waste plan document
- Where a minerals and waste planning authority withdraw a document which was to be or form part of a minerals and waste plan under section 15E of the Act, the authority must as soon as is reasonably practicable after withdrawing it—
(a) make a statement of that fact available in accordance with regulation 88,
(b) send, to each person or body who were invited to make representations under regulation 45 (scoping consultation), regulation 48 (consultation on proposed minerals and waste plan document content and evidence) or regulation 52 (consultation on the proposed minerals and waste plan document), notification that the document which was to be or form part of the minerals and waste plan has been withdrawn, and
(c) cease to make all documents relating to the withdrawn document (other than the statement mentioned in paragraph (a) and the minerals and waste planning authority’s minerals and waste plan timetable) available in accordance with regulation 88.
Adoption of a minerals and waste plan document
- —(1) As soon as is reasonably practicable after a minerals and waste planning authority adopt a document which is or forms part of a minerals and waste plan under section 15EA of the Act, the authority must—
(a) make available in accordance with regulation 88 —
(i) the document which is or forms part of the minerals and waste plan, and
(ii) an adoption statement, and
(b) send a copy of the adoption statement to each person who requested to be notified of the adoption of the document which is or forms part of the minerals and waste plan.
(2) In this regulation, “ adoption statement ” means a statement specifying—
(a) the date on which a document which is or forms part of the minerals and waste plan was adopted,
(b) any modifications made to the document which is or forms part of the minerals and waste plan under section 15EA(1) or (2) of the Act,
(c) details of where the document which is or forms part of the minerals and waste plan is available for inspection and of the places and times at which it can be inspected,
(d) the date by which the minerals and waste planning authority must begin preparation of one or more new minerals and waste plan documents to replace an existing document which is or forms part of the minerals and waste plan in accordance with regulation 43,
(e) that a person aggrieved by the document which is or forms part of the minerals and waste plan may make an application to the High Court under section 113 of the Act, and
(f) the grounds on which, and the period within which, such an application may be made.
Revocation of a minerals and waste plan document
- Where a document which is or forms part of a minerals and waste plan is revoked under section 15G of the Act(73), the minerals and waste planning authority must as soon as is reasonably practicable after the revocation occurs—
(a) make a statement of that fact available in accordance with regulation 88,
(b) take such other steps as they consider necessary to draw the revocation of the document which is or forms part of the minerals and waste plan to the attention of persons living or working in their area, and
(c) cease to make all documents relating to the revoked document (other than the statement mentioned in paragraph (a) and the minerals and waste planning authority’s minerals and waste plan timetable) available in accordance with regulation 88.
Revision of a minerals and waste plan document
- These Regulations apply in relation to a revision of a minerals and waste plan document under section 15GA of the Act(74) as they apply in relation to a minerals and waste plan document.
Part 6 SUPPLEMENTARY PLANS
Interpretation of Part 6
- In this Part —
“ Mayoral general consultation bodies ” means the following—
(a) voluntary bodies, some or all of whose activities benefit all or part of Greater London(75);
(b) bodies which represent the interests of persons in Greater London who share a protected characteristic under the Equality Act 2010(76);
(c) bodies which represent the interests of persons carrying on business in Greater London;
“ Mayoral specific consultation bodies ” means the following—
(a) Active Travel England(77);
(b) any person—
(i) to whom the electronic communications code applies as a result of a direction given under section 106 (3) (a) of the Communications Act 2003, and
(ii) who owns or controls electronic communications apparatus situated in Greater London;
(c) Canal & River Trust(78);
(d) the Civil Aviation Authority(79);
(e) the Coal Authority(80);
(f) a combined authority established under section 103 (1) of the Local Democracy, Economic Development and Construction Act 2009 any part of whose area is in or adjoins Greater London;
(g) a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023 any part of whose area is in or adjoins Greater London;
(h) the English Sports Council(81);
(i) the Environment Agency(82);
(j) the Forestry Commission(83);
(k) a highway authority within the meaning of section 1 of the Highways Act 1980 any part of whose area is in or adjoins Greater London (including the Secretary of State, where the Secretary of State is the highways authority);
(l) the Historic Buildings and Monuments Commission for England(84);
(m) the Homes and Communities Agency(85);
(n) if it exercises functions in Greater London—
(i) an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006,
(ii) a person to whom a licence has been granted under section 6 (1) (b) or (c) of the Electricity Act 1989,
(iii) a person to whom a licence has been granted under section 7 (2) of the Gas Act 1986,
(iv) a sewerage undertaker appointed under section 6 (1) of the Water Industry Act 1991, and
(v) a water undertaker appointed under section 6 (1) of the Water Industry Act 1991,
(o) an Integrated Transport Authority for an integrated transport area within the meaning in section 77(1) of the Local Transport Act 2008(86) which is in or adjoins Greater London;
(p) a local policing body any part of whose area is in or adjoins Greater London;
(q) the Marine Management Organisation(87);
(r) Natural England(88);
(s) a neighbourhood forum any part of whose area is in or adjoins Greater London;
(t) Network Rail Infrastructure Limited(89);
(u) the Office for Nuclear Regulation(90);
(v) the Office of Rail and Road(91);
(w) a parish council any part of whose area is in or adjoins Greater London;
(x) a planning authority any part of whose area adjoins Greater London;
(y) Transport for London(92);
(z) where the Mayor of London is not the responsible authority for a local nature recovery strategy that relates to all or part of Greater London, the responsible authority for the local nature recovery strategy appointed under section 105 (2) of the Environment Act 2021;
(z1) where the persons specified in regulation 70 (4) (e) and (f) are not responsible for discharging education functions in their area, the local authority with responsibility for discharging education functions.
Notice of intention to commence supplementary plan preparation
- —(1) A relevant plan-making authority(93) who are to prepare a supplementary plan must prepare, in connection with the preparation of a supplementary plan, and make available in accordance with regulation 88, a document to be known as their “notice of intention to commence supplementary plan preparation”.
(2) The notice of intention to commence supplementary plan preparation must contain the following information—
(a) the name of the relevant plan-making authority who have prepared the notice,
(b) the subject matter and geographical area, site or sites to which the supplementary plan is to relate,
(c) the title, if any, by which the relevant plan-making authority will refer to the supplementary plan, and
(d) the date on which the notice is made available under paragraph (1).
(3) A notice of intention to commence supplementary plan preparation prepared by a planning authority must set out details of where the authority’s local plan timetable or minerals and waste plan timetable is published.
(4) Where a planning authority are to prepare a joint supplementary plan, their notice of intention to commence supplementary plan preparation must specify each other authority who are to prepare that joint supplementary plan with them.
Map of proposed supplementary plan policies
- —(1) A planning authority must prepare, in connection with the preparation of a supplementary plan, a document to be known as their “map of proposed supplementary plan policies”.
(2) Paragraph (1) does not apply where a local planning authority are preparing, in accordance with section 15CC(3)(d) of the Act, a supplementary plan which only includes requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, which the local planning authority consider should be met for planning permission for the development to be granted.
(3) The map of proposed supplementary plan policies must include a map of the planning authority’s area which must—
(a) be reproduced from, or based on, an Ordnance Survey map,
(b) include an explanation of symbols or notations which it uses, and
(c) visually illustrate the geographical application of policies which relate to part of the planning authority’s area in their proposed supplementary plan.
(4) For each policy which relates to the whole of the planning authority’s area in their proposed supplementary plan, the map of proposed supplementary plan policies must include text setting out—
(a) the title of the policy, if any,
(b) the reference number of the policy, if any, and
(c) a description of the policy.
Consultation on the proposed supplementary plan
- —(1) No earlier than on the day after the date on which a planning authority make their notice of intention to commence supplementary plan preparation available under regulation 68 (1), the authority must—
(a) make a notice of proposed supplementary plan consultation available in accordance with regulation 88,
(b) make the proposed supplementary plan submission documents available in accordance with regulation 88,
(c) notify each of the persons specified in paragraph (3) that the proposed supplementary plan submission documents and notice of proposed supplementary plan consultation are available for inspection and of the places and times at which they can be inspected, and
(d) invite each of the persons specified in paragraph (3) to make representations to the planning authority about the proposed supplementary plan submission documents.
(2) No earlier than on the day after the date on which the Mayor of London makes their notice of intention to commence supplementary plan preparation available under regulation 68 (1), the Mayor must—
(a) make a notice of proposed supplementary plan consultation available in accordance with regulation 88,
(b) make the proposed supplementary plan submission documents available in accordance with regulation 88,
(c) notify each of the persons specified in paragraph (4) that the proposed supplementary plan submission documents and notice of proposed supplementary plan consultation are available for inspection and of the places and times at which they can be inspected, and
(d) invite each of the persons specified in paragraph (4) to make representations to the Mayor about the proposed supplementary plan submission documents.
(3) The persons specified in this paragraph are—
(a) such of the general consultation bodies as the planning authority consider appropriate,
(b) such of the specific consultation bodies as the planning authority consider may have an interest in the subject of the proposed supplementary plan, and
(c) such residents or other persons carrying on business in the planning authority’s area from which the authority consider it appropriate to invite representations.
(4) The persons specified in this paragraph are—
(a) such of the Mayoral general consultation bodies as the Mayor of London considers appropriate,
(b) such of the Mayoral specific consultation bodies as the Mayor of London considers may have an interest in the subject of the proposed supplementary plan,
(c) such residents or other persons carrying on business in Greater London from which the Mayor of London considers it appropriate to invite representations,
(d) the London Assembly and the functional bodies,
(e) every London borough council, and
(f) the Common Council of the City of London.
(5) Any person may make representations to a relevant plan-making authority about the proposed supplementary plan submission documents.
(6) Any representations made under this regulation must be received by the relevant plan-making authority by the date specified in the notice of proposed supplementary plan consultation.
(7) In this regulation —
“ functional body ” has the same meaning as in section 424 (1) of the Greater London Authority Act 1999 (94);
“ notice of proposed supplementary plan consultation ” means a notice specifying—
(a) the title, if any, of the relevant plan-making authority’s proposed supplementary plan,
(b) the subject matter of the relevant plan-making authority’s proposed supplementary plan, and the geographical area, site or sites to which the plan relates,
(c) details of where the proposed supplementary plan submission documents made available in accordance with paragraph (1) (b) or (2) (b) are available for inspection and of the places and times at which they can be inspected,
(d) the date on or before which representations about the proposed supplementary plan submission documents must be received by the relevant plan-making authority, which must be a date not less than six weeks from the date on which the notice is published,
(e) the address to which representations about the proposed supplementary plan submission documents may be made, and
(f) that representations about the proposed supplementary plan submission documents may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—
(i) the submission of the proposed supplementary plan for independent examination under section 15DB(1) of the Act;
(ii) the publication of the recommendations and reasons received under section 15DB of the Act, in accordance with section 15DB(13);
(iii) the making available of the matters specified in regulation 73 (2) in accordance with regulation 73 (1) (a) (independent examination: supplementary plans);
(iv) the adoption or approval of the supplementary plan under Part 2 of the Act;
“ proposed supplementary plan submission documents ” means the following documents—
(a) the relevant plan-making authority’s proposed supplementary plan;
(b) where the relevant plan-making authority are a planning authority to whom regulation 69 applies, a map of proposed supplementary plan policies;
(c) a document setting out details of the evidence which the relevant plan-making authority has gathered to support the proposed supplementary plan, including evidence that the authority has complied with regulation 16 (b) (requirement to have regard to other national policies and advice contained in guidance);
(d) such supporting documents as the relevant plan-making authority consider relevant to the preparation of the proposed supplementary plan.
Conformity with operative spatial development strategy
- —(1) This regulation applies only to a planning authority where there is an operative spatial development strategy in relation to the area or a site to which their proposed supplementary plan relates.
(2) When a planning authority comply with regulation 70 (1) (consultation on the proposed supplementary plan), the authority must on the same day—
(a) notify the authority or person who published or adopted the spatial development strategy that the proposed supplementary plan submission documents and notice of proposed supplementary plan consultation are available for inspection and of the places and times at which they can be inspected, and
(b) invite that authority or person to make representations to the planning authority about whether the proposed supplementary plan is in general conformity with the spatial development strategy by the date specified in the notice of proposed supplementary plan consultation.
Submission of documents and information for independent examination: supplementary plans
- —(1) The documents prescribed for the purposes of section 15DB(4) of the Act are—
(a) a map of proposed supplementary plan policies, where the relevant plan-making authority are a planning authority to whom regulation 69 applies,
(b) a statement to be known as a “supplementary plan compliance statement” setting out—
(i) where a spatial development strategy is operative in relation to the area or a site to which the proposed supplementary plan relates, how the relevant plan-making authority have prepared the plan to be in general conformity with that strategy, in accordance with section 15CC(7) of the Act,
(ii) how the relevant plan-making authority have had regard to the matters set out in section 15CC(8) of the Act and regulation 16,
(iii) how the relevant plan-making authority have complied with section 15CC(9) of the Act,
(iv) how the relevant plan-making authority have complied with regulations 68 (notice of intention to commence supplementary plan preparation) and 70 (consultation on the proposed supplementary plan),
(v) where the proposed supplementary plan has been prepared under section 15CC(3)(a) or (b) or (5)(a) or (b) of the Act and relates to two or more specific sites in the relevant plan-making authority’s area, how the authority consider those sites to be nearby to each other,
(c) a statement to be known as a “supplementary plan consultation statement” setting out—
(i) a summary of the consultation and engagement activities carried out by the relevant plan-making authority in preparing their proposed supplementary plan,
(ii) where the relevant plan-making authority is a planning authority, the general consultation bodies and specific consultation bodies who were invited to make representations under regulation 70 (1) (d) (consultation on the proposed supplementary plan),
(iii) where the relevant plan-making authority is the Mayor of London, the Mayoral general consultation bodies and the Mayoral specific consultation bodies who were invited to make representations under regulation 70 (2) (d) (consultation on the proposed supplementary plan),
(iv) where the relevant plan-making authority carried out a consultation in connection with the proposed supplementary plan in addition to when they were required to do so under regulation 70 (consultation on the proposed supplementary plan), the persons who were invited to make representations as part of that consultation,
(v) the manner by which the persons specified in paragraph (ii) or (iii), and (as the case may be) (iv), were asked to make any representations,
(vi) a summary of the main issues raised in representations made in response to each consultation held in connection with the proposed supplementary plan, and
(vii) how those main issues have been addressed in the proposed supplementary plan,
(d) where the relevant plan-making authority is a planning authority to whom regulation 71 (conformity with operative spatial development management strategy) applies and representations were made under that regulation, copies of those representations, and
(e) such supporting documents as the relevant plan-making authority consider relevant to the preparation of the supplementary plan.
(2) As soon as is reasonably practicable after a relevant plan-making authority submit a supplementary plan for independent examination under section 15DB(1) of the Act, the authority must—
(a) publish on their website a statement confirming the date on which the supplementary plan was submitted for independent examination,
(b) make available in accordance with regulation 88 —
(i) a copy of the proposed supplementary plan,
(ii) a copy of each of the documents referred to in paragraph (1) of this regulation, and
(iii) a statement of the fact that the documents referred to in paragraphs (i) and (ii) are available for inspection and of the places and times at which they can be inspected, and
(c) notify each person who requested to be notified of the submission of the supplementary plan for independent examination under section 15DB of the Act that—
(i) the proposed supplementary plan has been submitted for independent examination, and
(ii) the documents referred to in sub-paragraph (b) (i) and (ii) are available for inspection and of the places and times at which they can be inspected.
Independent examination: supplementary plans
- —(1) After a relevant plan-making authority submit a supplementary plan for independent examination under section 15DB(1) of the Act, the authority must—
(a) make the matters specified in paragraph (2) available in accordance with regulation 88, and
(b) notify each person who requested to be notified of the making available of the matters specified in paragraph (2) that those matters are available for inspection and of the places and times at which they can be inspected.
(2) The matters specified in this paragraph are—
(a) the date on which the examination is to begin, and
(b) the name of the examiner.
(3) Where the examiner causes a hearing to be held for the purposes of receiving oral representations in accordance with section 15DB(7) of the Act, the relevant plan-making authority must, no later than six weeks before the date on which the hearing is to be opened—
(a) make available in accordance with regulation 88 the date, time and place at which the hearing is to be held, and
(b) notify each person to whom notification must be sent in accordance with paragraph (1) that those matters are available for inspection and of the places and times at which they can be inspected.
Publication of the recommendations and reasons of the examiner: supplementary plans
- —(1) A relevant plan-making authority must comply with section 15DB(13) of the Act—
(a) as soon as is reasonably practicable after receipt of the recommendations and reasons of the examiner under section 15DB of the Act, or
(b) where the Secretary of State gives a direction under section 15H(2) or section 15HA(2)(c)(i) of the Act after the examiner has made a recommendation under section 15DB(9), (11) or (12) of the Act, as soon as is reasonably practicable after receipt of the direction.
(2) When a relevant plan-making authority comply with section 15DB(13) of the Act, the authority must on the same day—
(a) make the recommendations and reasons of the examiner available in accordance with regulation 88, and
(b) notify each person who requested to be so notified of the publication of the recommendations and reasons.
Withdrawal of a supplementary plan
- —(1) A relevant plan-making authority may withdraw a supplementary plan at any time before it is adopted under section 15EA of the Act.
(2) Where a relevant plan-making authority withdraw a supplementary plan under paragraph (1), the authority must as soon as is reasonably practicable after withdrawing it—
(a) make a statement of that fact available in accordance with regulation 88,
(b) send, to each person or body who were invited to make representations under regulation 70 (consultation on the proposed supplementary plan), notification that the supplementary plan has been withdrawn, and
(c) cease to make all documents relating to the withdrawn supplementary plan (other than the statement mentioned in sub-paragraph (a)) available in accordance with regulation 88.
Adoption of a supplementary plan
- —(1) As soon as is reasonably practicable after a relevant plan-making authority adopt a supplementary plan under section 15EA of the Act, the authority must—
(a) make available in accordance with regulation 88 —
(i) the supplementary plan, and
(ii) an adoption statement, and
(b) send a copy of the adoption statement to each person who requested to be notified of the adoption of the supplementary plan.
(2) In this regulation, “ adoption statement ” means a statement specifying—
(a) the date on which the supplementary plan was adopted,
(b) any modifications made to the supplementary plan under section 15EA(3) or (4) of the Act,
(c) details of where the supplementary plan is available for inspection and of the places and times at which it can be inspected,
(d) that a person aggrieved by the supplementary plan may make an application to the High Court under section 113 of the Act, and
(e) the grounds on which, and the period within which, such an application may be made.
Revocation of a supplementary plan
- —(1) A planning authority may revoke a supplementary plan adopted by them under section 15EA of the Act where that plan has been (in substance) superseded by any other part of the development plan for the authority’s area which has effect and relates to the geographical area, site or sites to which the supplementary plan relates.
(2) A relevant authority may revoke a joint supplementary plan adopted by them under section 15EA of the Act to the extent that the plan relates to the authority’s area or one or more sites in their area where that plan has been (in substance) superseded by any other part of the development plan for the authority’s area which has effect and relates to the geographical area, site or sites to which the supplementary plan relates.
(3) The Mayor of London may revoke a supplementary plan adopted by them under section 15EA of the Act.
(4) Where a supplementary plan is revoked under section 15G(2)(b) of the Act or this regulation, the relevant plan-making authority must as soon as is reasonably practicable after the revocation occurs—
(a) make a statement of that fact available in accordance with regulation 88,
(b) cease to make all documents relating to the revoked supplementary plan (other than the statement mentioned in sub-paragraph (a)) available in accordance with regulation 88, and
(c) take such other steps as the authority consider necessary to draw the revocation of the supplementary plan to the attention of persons living or working in their area.
(5) Where a joint supplementary plan is revoked under section 15G(3)(b) of the Act(95) so far as it relates to the area of one of the relevant authorities or one or more specific sites in their area, the planning authority in relation to whose area the plan has been revoked must as soon as is reasonably practicable after the revocation occurs—
(a) make a statement of that fact available in accordance with regulation 88,
(b) cease to make all documents relating to the revoked joint supplementary plan (other than the statement mentioned in sub-paragraph (a)) available in accordance with regulation 88, and
(c) take such other steps as the authority consider necessary to draw the revocation of the joint supplementary plan, so far as it relates to their area or one or more specific sites in their area, to the attention of persons living or working in their area.
(6) Where a supplementary plan adopted by the Mayor of London is revoked under section 15G(2)(b) of the Act or paragraph (3), the Mayor of London must notify each London borough council that the plan has been revoked as soon as is reasonably practicable after the revocation occurs.
Revision of a supplementary plan
- —(1) A relevant plan-making authority may prepare a revision of a supplementary plan at any time after it has come into effect.
(2) If, within a review period, a planning authority—
(a) consider that a revision is required to bring a supplementary plan up to date, or
(b) consider that a supplementary plan has been (in substance) superseded by another part of the development plan which has effect for the area or a site to which the supplementary plan relates and has decided not to revoke the supplementary plan under regulation 77 (1),
the planning authority must begin to prepare a revision of the supplementary plan within the review period in question.
(3) For the purposes of paragraph (2), the “review period” is the period of five years beginning with the date on which the supplementary plan was first adopted or approved under Part 2 of the Act, and thereafter each subsequent period of five years.
(4) For the purposes of paragraph (2), a planning authority has begun preparation of a revision of a supplementary plan once they have complied with regulation 68 (notice of intention to commence supplementary plan preparation) in relation to the revision of that plan.
(5) Paragraph (6) applies if any part of the area or a site to which a supplementary plan relates is an area to which an enterprise zone scheme relates.
(6) As soon as practicable after the occurrence of a relevant event—
(a) the relevant plan-making authority must consider whether their supplementary plan should be changed in light of the enterprise zone scheme;
(b) if they think that any changes to their supplementary plan are required in consequence of the scheme they must prepare a revision to their supplementary plan to give effect to the changes.
(7) In this regulation—
“ enterprise zone ” and “enterprise zone scheme” must be construed in accordance with the Local Government, Planning and Land Act 1980(96);
(a) the making of an order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone)(97);
(b) the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).
(8) Part 2 of the Act and these Regulations apply in relation to a revision under this regulation as they apply in relation to a supplementary plan.
Part 7 JOINT PLANS
Joint local plans and minerals and waste plan documents: corresponding plans
- —(1) The period prescribed for the purposes of section 15IB(4) of the Act(98) is three months beginning with—
(a) in relation to a joint local plan agreement(99), the day on which a local planning authority who is a party to the agreement withdraw from it;
(b) in relation to a joint minerals and waste plan document agreement, the day on which a minerals and waste planning authority who is a party to the agreement withdraw from it;
(c) in relation to a joint local plan direction(100) or a joint minerals and waste plan document direction, the day on which the direction is withdrawn or modified by the Secretary of State under section 15IB(1)(b) or (c) of the Act(101).
(2) For the purposes of section 15IB of the Act, a “corresponding local plan or minerals and waste plan document” is a local plan prepared by a local planning authority or a minerals and waste plan document prepared by a minerals and waste planning authority which—
(a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint local plan or original joint minerals and waste plan document related, and
(b) has substantially the same effect as the original joint local plan or original joint minerals and waste plan document, for the area of the local planning authority or the minerals and waste planning authority who prepared it.
(3) For the purposes of section 15IB of the Act, a “corresponding joint local plan or minerals and waste plan document” is a local plan prepared jointly by two or more local planning authorities or a minerals and waste plan document prepared jointly by two or more minerals and waste planning authorities which—
(a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint local plan or original joint minerals and waste document plan related, and
(b) has substantially the same effect as the original joint local plan or original joint minerals and waste plan document, for the areas of the local planning authorities or minerals and waste planning authorities who prepared it.
(4) In this regulation—
“ joint minerals and waste plan document agreement ” means an agreement between two or more minerals and waste planning authorities to prepare a joint minerals and waste plan document under section 15I(2) of the Act(102);
“ joint minerals and waste plan document direction ” means a direction given by the Secretary of State under section 15I(3) of the Act to two or more minerals and waste planning authorities to prepare a joint minerals and waste plan document;
“ original joint local plan ” means a joint local plan prepared in accordance with the joint local plan agreement mentioned in paragraph (1) (a) or the joint local plan direction mentioned in paragraph (1) (c);
“ original joint minerals and waste plan document ” means a joint minerals and waste plan document prepared in accordance with the joint minerals and waste plan document agreement mentioned in paragraph (1) (b) or the joint minerals and waste plan document direction mentioned in paragraph (1) (c).
(5) In this regulation, references to the area of a minerals and waste planning authority are to be read as references to the authority’s relevant area.
Joint supplementary plans: corresponding plans
- —(1) The period prescribed for the purposes of section 15IC(10) of the Act is three months beginning with—
(a) in relation to an agreement mentioned in section 15IC(1), the day on which a local planning authority who is a party to the agreement withdraw from it;
(b) in relation to an agreement mentioned in section 15IC(2), the day on which a minerals and waste planning authority who is a party to the agreement withdraw from it.
(2) For the purposes of section 15IC of the Act, a “corresponding supplementary plan” is a supplementary plan which—
(a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint supplementary plan related, and
(b) has substantially the same effect as the original joint supplementary plan, for any part of the area or at one or more specific sites in the area of the local planning authority or minerals and waste planning authority who prepared it.
(3) For the purposes of section 15IC of the Act, a “corresponding joint supplementary plan” is a supplementary plan prepared jointly by two or more local planning authorities or two or more minerals and waste planning authorities which—
(a) does not relate to any part of the area of any other local planning authority or minerals and waste planning authority to which the original joint supplementary plan related, and
(b) has substantially the same effect as the original joint supplementary plan, for any part of the areas or at one or more specific sites in the areas of the local planning authorities or minerals and waste planning authorities who prepared it.
(4) In this regulation, “ original joint supplementary plan ” means a joint supplementary plan prepared in accordance with the agreement mentioned in paragraph (1) (a) or (b).
Joint committees: corresponding plans and corresponding timetable
- —(1) The period prescribed for the purposes of section 15JB(6) of the Act is three months starting with the day on which, under section 15JB(2) of the Act, the Secretary of State revokes the regulations made under section 15J of the Act.
(2) For the purposes of section 15JB of the Act—
(a) a “ corresponding plan ”, in relation to a local plan, is a local plan which—
(i) does not relate to any part of the area of the constituent authority(103) who requested the revocation of the regulations made under section 15J of the Act, and
(ii) has substantially the same effect as the original local plan, for the area of the successor authority;
(b) a “ corresponding plan ”, in relation to a supplementary plan, is a supplementary plan which—
(i) does not relate to any part of the area of the constituent authority who requested the revocation of the regulations made under section 15J of the Act, and
(ii) has substantially the same effect as the original supplementary plan, for any part of the area or at one or more specific sites in the area of the successor authority;
(c) a “corresponding timetable” is a local plan timetable of a successor authority which relates to a corresponding plan but does not relate to the original local plan or supplementary plan.
(3) But paragraph (2)(a)(i) and (b)(i) does not apply where the constituent authority who requested the revocation of the regulations made under section 15J of the Act is a county council for which there is also a district council.
(4) In this regulation—
“ original local plan or supplementary plan ” means a local plan or supplementary plan prepared by the joint committee constituted by the regulations made under section 15J of the Act;
“ successor authority ” has the same meaning as in section 15JB(4) of the Act.
Joint local plans: application of these Regulations
- —(1) These Regulations apply in relation to a joint local plan as they apply in relation to a local plan.
(2) For the purposes of paragraph (1)—
(a) the relevant authorities must act jointly to comply with the following provisions—
(i) regulation 26 (1) to (3) (gateway 2: observations or advice from an appointed person),
(ii) where it applies, regulation 28 (conformity with operative spatial development strategy),
(iii) regulation 31 (1) to (3) (gateway 3: prescribed requirements assessment by an appointment person), and
(iv) where it applies, regulation 33 (2) to (4) and (8) (repeat of gateway 3),
(b) each of the relevant authorities must comply with the following provisions—
(i) the requirement to make available a notice of intention to commence local plan preparation under regulation 19 (1),
(ii) regulation 38 (withdrawal of a local plan),
(iii) regulation 39 (adoption of a local plan), and
(iv) regulation 40 (1) and (3) (revocation of a local plan),
(c) except in regulation 19 (1) (notice of intention to commence local plan preparation), regulation 38 (withdrawal of a local plan), regulation 39 (1) (adoption of a local plan) and regulation 40 (1) (revocation of a local plan), any reference in Part 4 to a requirement for a local planning authority to make a document available in accordance with regulation 88 must be read as a requirement for the relevant authorities to make that document available jointly in accordance with paragraph (7),
(d) anything else (not referred to in sub-paragraphs (a) to (c)) which may or must be done by a local planning authority in connection with a local plan is to be done in connection with the joint local plan either—
(i) by each of the relevant authorities, or
(ii) by the relevant authorities acting jointly, and
(e) anything which may or must be done in relation to a local planning authority in connection with a local plan is to be done in relation to each of the relevant authorities in connection with the joint local plan.
(3) Where each of the relevant authorities comply with regulation 20 (1) (scoping consultation)—
(a) the authorities must do so on the same day, and
(b) each authority’s notice of scoping consultation must—
(i) be consistent with the notice of scoping consultation of each other relevant authority, and
(ii) specify each other relevant authority for whose area the joint local plan is to be their local plan.
(4) Where each of the relevant authorities comply with regulation 21 (gateway 1: self-assessment of readiness for local plan preparation)—
(a) the authorities must comply with regulation 21 (3) on the same day, and
(b) each authority’s self-assessment summary must be consistent with the self-assessment summary of each other relevant authority.
(5) Where each of the relevant authorities comply with regulation 23 (1) (consultation on proposed local plan content and evidence)—
(a) the authorities must do so on the same day,
(b) each authority’s notice of plan content and evidence consultation must—
(i) be consistent with the notice of plan content and evidence consultation of each other relevant authority, and
(ii) specify each other relevant authority for whose area the joint local plan is to the their local plan, and
(c) each authority’s proposed local plan content and evidence must be consistent with the proposed local plan content and evidence of each other relevant authority.
(6) Where each of the relevant authorities comply with regulation 27 (1) (consultation on the proposed local plan)—
(a) the authorities must do so on the same day,
(b) each authority’s notice of proposed local plan consultation must—
(i) be consistent with the notice of proposed local plan consultation of each other relevant authority, and
(ii) specify each other relevant authority for whose area the joint local plan is to be their local plan, and
(c) each authority’s proposed local plan submission documents must be consistent with the proposed local plan submission documents of each other relevant authority.
(7) A document is taken to be made available jointly by the relevant authorities when that document is—
(a) published on—
(i) each relevant authority’s website, or
(ii) the relevant authorities’ website for the joint local plan, and
(b) made available for inspection, at the principal office of each relevant authority and at such other places within the area of each relevant authority as they consider appropriate, during normal office hours.
(8) If a document is published in the manner referred to in paragraph (7) (a) (ii), each relevant authority must, no later than on the same day as that document is so published, publicise on their website details of where that document can be accessed on the website for the joint local plan.
Joint minerals and waste plan documents: application of these Regulations
- —(1) These Regulations apply in relation to a joint minerals and waste plan document and to a joint document which is or forms part of a minerals and waste plan as they apply in relation to a minerals and waste plan document and to a document which is or forms part of a minerals and waste plan.
(2) For the purposes of paragraph (1)—
(a) the relevant authorities must act jointly to comply with the following provisions—
(i) regulation 51 (1) to (3) (gateway 2: observations or advice from an appointed person),
(ii) where it applies, regulation 53 (conformity with operative spatial development strategy),
(iii) regulation 56 (1) to (3) (gateway 3: prescribed requirements assessment by an appointed person), and
(iv) where it applies, regulation 58 (2) to (4) and (8) (repeat of gateway 3),
(b) each of the relevant authorities must comply with the following provisions—
(i) the requirement to make available a notice of intention to commence minerals and waste plan document preparation under regulation 44 (1),
(ii) regulation 63 (withdrawal of a minerals and waste plan document),
(iii) regulation 64 (adoption of a minerals and waste plan document), and
(iv) regulation 65 (revocation of a minerals and waste plan document),
(c) except in regulation 44 (1) (notice of intention to commence minerals and waste plan document preparation), regulation 63 (withdrawal of a minerals and waste plan document), regulation 64 (1) (adoption of a minerals and waste plan document) and regulation 65 (revocation of a minerals and waste plan document), any reference in Part 5 to a requirement for a minerals and waste planning authority to make a document available in accordance with regulation 88 must be read as a requirement for the relevant authorities to make that document available jointly in accordance with paragraph (7),
(d) anything else (not referred to in sub-paragraphs (a) to (c)) which may or must be done by a minerals and waste planning authority in connection with a minerals and waste plan document is to be done in connection with the joint minerals and waste plan document either—
(i) by each of the relevant authorities, or
(ii) by the relevant authorities acting jointly, and
(e) anything which may or must be done in relation to a minerals and waste planning authority in connection with a minerals and waste plan document is to be done in relation to each of the relevant authorities in connection with the joint minerals and waste plan document.
(3) Where each of the relevant authorities comply with regulation 45 (1) (scoping consultation)—
(a) the authorities must do so on the same day, and
(b) each authority’s notice of scoping consultation must—
(i) be consistent with the notice of scoping consultation of each other relevant authority, and
(ii) specify each other relevant authority for whose relevant area the joint minerals and waste plan document is to be or form part of their minerals and waste plan.
(4) Where each of the relevant authorities comply with regulation 46 (gateway 1: self-assessment of readiness for minerals and waste plan document preparation)—
(a) the authorities must comply with regulation 46 (3) on the same day, and
(b) each authority’s self-assessment summary must be consistent with the self-assessment summary of each other relevant authority.
(5) Where each of the relevant authorities comply with regulation 48 (1) (consultation on proposed minerals and waste plan document content and evidence)—
(a) the authorities must do so on the same day,
(b) each authority’s notice of content and evidence consultation must—
(i) be consistent with the notice of content and evidence consultation of each other relevant authority, and
(ii) specify each other relevant authority for whose relevant area the joint minerals and waste plan document is to be or form part of their minerals and waste plan, and
(c) each authority’s proposed minerals and waste plan document content and evidence must be consistent with the proposed minerals and waste plan document content and evidence of each other relevant authority.
(6) Where each of the relevant authorities comply with regulation 52 (1) (consultation on the proposed minerals and waste plan document)—
(a) the authorities must do so on the same day,
(b) each authority’s notice of proposed minerals and waste plan document consultation must—
(i) be consistent with the notice of proposed minerals and waste plan document consultation of each other relevant authority, and
(ii) specify each other relevant authority for whose relevant area the joint minerals and waste plan document is to be or form part of their minerals and waste plan, and
(c) each authority’s proposed minerals and waste plan document submission documents must be consistent with the proposed minerals and waste plan document submission documents of each other relevant authority.
(7) A document is taken to be made available jointly by the relevant authorities when that document is—
(a) published on—
(i) each relevant authority’s website, or
(ii) the relevant authorities’ website for the joint minerals and waste plan document, and
(b) made available for inspection, at the principal office of each relevant authority and at such other places within the relevant area of each relevant authority as they consider appropriate, during normal office hours.
(8) If a document is published in the manner referred to in paragraph (7) (a) (ii), each relevant authority must, no later than on the same day as that document is so published, publicise on their website details of where that document can be accessed on the website for the joint minerals and waste plan document.
Joint supplementary plans: application of these Regulations
- —(1) These Regulations apply in relation to a joint supplementary plan as they apply in relation to a supplementary plan.
(2) For the purposes of paragraph (1) —
(a) the relevant authorities are to act jointly under the following provisions—
(i) regulation 71 (conformity with operative spatial development strategy),
(ii) regulation 75 (1) (withdrawal of a supplementary plan), and
(iii) regulation 78 (revision of a supplementary plan),
(b) each of the relevant authorities must comply with the following provisions—
(i) the requirement to make available a notice of intention to commence supplementary plan preparation under regulation 68 (1),
(ii) regulation 75 (2) (withdrawal of a supplementary plan),
(iii) regulation 76 (adoption of supplementary plan), and
(iv) regulation 77 (4) (revocation of a supplementary plan),
(c) except in regulation 68 (1) (notice of intention to commence supplementary plan preparation), 75(2)(a) (withdrawal of a supplementary plan), 76(1)(a) (adoption of a supplementary plan) and 77(4)(a) (revocation of a supplementary plan), any reference in Part 6 to a requirement for a relevant plan-making authority or a planning authority to make a document available in accordance with regulation 88 must be read as a requirement for the relevant authorities to make that document available jointly in accordance with paragraph (4),
(d) anything else (not referred to in sub-paragraphs (a) to (c)) which may or must be done by a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan may or is to be done in connection with the joint supplementary plan either—
(i) by each of the relevant authorities, or
(ii) by the relevant authorities acting jointly, and
(e) anything which may or must be done in relation to a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan is to be done in relation to each of the relevant authorities in connection with the joint supplementary plan.
(3) Where each of the relevant authorities comply with regulation 70 (1) (consultation on the proposed supplementary plan)—
(a) the authorities must do so on the same day,
(b) each authority’s notice of proposed supplementary plan consultation must—
(i) be consistent with the notice of proposed supplementary plan consultation of each other relevant authority, and
(ii) specify each other relevant authority who are preparing the joint supplementary plan, and
(c) each authority’s proposed supplementary plan submission documents must be consistent with the proposed supplementary plan submission documents of each other relevant authority.
(4) A document is taken to be made available jointly by the relevant authorities when that document is—
(a) published on—
(i) each relevant authority’s website, or
(ii) the relevant authorities’ website for the joint supplementary plan, and
(b) made available for inspection, at the principal office of each relevant authority and at such other places within the area of each relevant authority as they consider appropriate, during normal office hours.
(5) If a document is published in the manner referred to in paragraph (4) (a) (ii), each relevant authority must, no later than on the same day as that document is so published, publicise on their website details of where that document can be accessed on the website for the joint supplementary plan.
Part 8 POLICIES MAP
Form and content of a policies map
- —(1) For the purposes of section 15LD(1) of the Act, a policies map(104) must—
(a) be reproduced from, or be based on, an Ordnance Survey map,
(b) include an explanation of any symbol or notation which it uses,
(c) visually illustrate the geographical application of any policies which relate to part of the local planning authority’s area in the development plan for the authority’s area, and
(d) include text setting out, in relation to any policies which relate to the whole of the local planning authority’s area in the development plan for the authority’s area, the following information—
(i) the title of the policy, if any,
(ii) the reference number of the policy, if any, and
(iii) a description of the policy.
(2) Except as provided by paragraph (3), a local planning authority must ensure that a policies map is prepared in accordance with section 15LD(1) of the Act and this Part—
(a) immediately after the date on which a local plan is first adopted or approved under Part 2 of the Act, and
(b) in any event, no later than one month after the date on which the plan is adopted or approved.
(3) A local planning authority must ensure that the policies map prepared in accordance with section 15LD(1) of the Act and this Part illustrates the geographical application of any neighbourhood development plan which has been made which relates (in whole or in part) to the authority’s area as soon as is reasonably practicable after a local plan is first adopted or approved under Part 2 of the Act.
Revision of a policies map
- —(1) A local planning authority must revise their policies map to bring it up to date as soon as is reasonably practicable after one of the events specified in paragraph (2) occurs, where the event results in a change to the geographical application of the authority’s development plan.
(2) The events specified in this paragraph are—
(a) the adoption or approval of a local plan under Part 2 of the Act, other than the first local plan for the local planning authority’s area adopted or approved under that Part,
(b) the adoption or approval of a supplementary plan under Part 2 of the Act,
(c) when a neighbourhood development plan is made under section 38A of the Act,
(d) the adoption or approval of a minerals and waste plan document under Part 2 of the Act, and
(e) the publication or adoption of a spatial development strategy under section 337 of the Greater London Authority Act 1999(105) or Part 1A of the Act.
(3) Paragraph (4) applies at the time that an authority revises their policies map in accordance with—
(a) the duty to keep the policies map up to date under section 15LD(1) of the Act, or
(b) paragraph (1).
(4) The authority must on the same day publicise the fact that their policies map has been revised on their website, and in doing so must set out the date on which the policies map was revised and a description of the revisions.
Availability of a policies map
- —(1) A local planning authority must make their policies map available in accordance with section 15LD(2)(c) of the Act as soon as is reasonably practicable after preparing their policies map in accordance with section 15LD(1), or revising their policies map in accordance with regulation 86.
(2) When a local planning authority comply with section 15LD(2)(c) of the Act, the authority must on the same day make their policies map available in accordance with regulation 88 (availability of documents: general).
Part 9 AVAILABILITY OF DOCUMENTS
Availability of documents: general
- —(1) A document is taken to be “made available” by a local planning authority, minerals and waste planning authority or the Mayor of London when that document is—
(a) published on their website,
(b) made available for inspection at their principal office during normal office hours, and
(c) made available for inspection—
(i) in relation to a planning authority, at such other places within their area as the authority consider appropriate during normal office hours, or
(ii) in relation to the Mayor of London, at such other places within Greater London as the Mayor considers appropriate during normal office hours.
(2) A local planning authority, minerals and waste planning authority or the Mayor of London may cease to make available any document made available under these Regulations once the period specified in paragraph (3) has expired, except—
(a) a local plan timetable or a minerals and waste plan timetable which has been published under section 15B(8) of the Act(106);
(b) a local plan, a document which is or forms part of a minerals and waste plan or a supplementary plan which has been adopted or approved under Part 2 of the Act;
(c) the recommendations and reasons of the examiner which have been published under section 15D(13) of the Act in relation to a local plan;
(d) the recommendations and reasons of the examiner which have been published under section 15D(13) of the Act in relation to a document which is or forms part of a minerals and waste plan;
(e) the recommendations and reasons of the examiner which have been published under section 15DB(13) of the Act in relation to a supplementary plan;
(f) a policies map.
(3) For the purposes of paragraph (2), the period is three months beginning with the day after the date on which the relevant plan document to which the document relates is adopted or approved under Part 2 of the Act.
(4) In this regulation, “ relevant plan document ” means a local plan, a document which is or forms part of a minerals and waste plan or a supplementary plan.
Copies of documents
- —(1) A person may request from the local planning authority, minerals and waste planning authority or Mayor of London (“the relevant body”) a copy of any document made available in accordance with regulation 88.
(2) The relevant body must provide a copy of the document to that person as soon as reasonably practicable after receipt of that person’s request.
(3) The relevant body may make a reasonable charge for a copy of a document—
(a) provided in accordance with paragraph (2), or
(b) published as required by or under Part 2 of the Act.
Part 10 REVOCATION, TRANSITIONAL ARRANGEMENTS AND PRESCRIBED MINERALS AND WASTE DOCUMENTS
Revocation of Regulations
Transitional provisions
- The Schedule to these Regulations, which contains transitional provisions in relation to commencing preparation of a local plan or a minerals and waste plan document under the provisions of the Act and these Regulations for the first time, has effect.
Prescribed documents: minerals and waste provisions in plans
- —(1) Any local development document, or part of such a document, which falls within the description in paragraph (2), is prescribed for the purposes of section 25(b) of the Act(109).
(2) A local development document, or part of it, falls within this paragraph if—
(a) it contains provision of a kind that may only be included in a document which is or forms part of a minerals and waste plan (“minerals and waste provision”), and
(b) the minerals and waste provision has, in substance, been superseded by a document which is or forms part of a minerals and waste plan adopted or approved under Part 2 of the Act, as amended by section 97 of, and Schedule 7 to, the Levelling-up and Regeneration Act 2023, in relation to the authority’s area.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Matthew Pennycook
Minister of State
Ministry of Housing, Communities and Local Government
at 8.19 a.m. on 3rd March 2026
Schedule TRANSITIONAL PROVISIONS
Interpretation of Schedule
- —(1) In this Schedule, “ the Commencement Regulations ” means the Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026(110).
(2) In paragraphs 3 to 11—
“ housing requirement ” means the minimum number of homes that the plan expects to be provided for the area to which the plan relates, during the period of the plan, but in a case where there is more than one adopted or approved development plan document which establishes the housing requirement for an area, the latest of those development plan documents to be adopted or approved is to be treated as establishing the housing requirement for the area;
(3) In paragraphs 13 to 20—
“ the minerals or waste management requirement ” means the identified needs for the extraction of minerals or the management of waste that the plan expects to be provided for the area to which the plan relates, during the period of the plan;
Commencing local plan preparation
- A local planning authority are not required to comply with section 15C(1) of the Act until such time as they are required to comply with regulation 19 (notice of intention to commence local plan preparation) in accordance with—
(a) paragraph 3,
(b) paragraph 6,
(c) paragraph 8, or
(d) paragraph 10.
- A local planning authority who meet all of the following criteria must comply with regulation 19 (notice of intention to commence local plan preparation) on or before 30th June 2026—
(a) the authority submitted a development plan document for examination under Part 2 of the Act, as it had effect immediately before 25th March 2026, on or before 12th March 2025, regardless of whether that document was subsequently withdrawn under Part 2 of the Act, as it had effect immediately before 25th March 2026 and as saved in accordance with Schedule 1 to the Commencement Regulations,
(b) the development plan document referred to in paragraph (a) was not adopted or approved on or before 12th March 2025, under Part 2 of the Act, as it had effect immediately before 25th March 2026,
(c) the development plan document, as submitted for examination, established a draft housing requirement for the area that would meet less than 80% of the authority’s local housing need figure, calculated using the standard method as published by the Secretary of State on 12th December 2024(111), and
(d) the development plan document submitted did not relate to an area in relation to which there was an operative spatial development strategy.
- A local planning authority who meet the criteria set out in paragraph 3 must comply with regulation 21 (making available a self-assessment summary)—
(a) on or after the latest of—
(i) the first day after the end of the period of four months beginning with the date on which the authority made available their notice of intention to commence local plan preparation under regulation 19 (1), and
(ii) the day after the date specified in the authority’s notice of scoping consultation, and
(b) in any event, no later than on 31st October 2026.
- Where a local planning authority do not meet the criteria set out in paragraph 3, paragraphs 6 and 7 apply to the local planning authority if—
(a) the authority submit a development plan document which establishes a draft housing requirement for the area for examination under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, on or before 31st December 2026, or such later date as the Secretary of State may direct under paragraph 4(5) of that Schedule, and
(b) that development plan document is subsequently adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
A local planning authority to whom this paragraph applies in accordance with paragraph 5 must comply with regulation 19 (notice of intention to commence local plan preparation) no later than on the date at the end of the period of four years and eight months beginning with the day after the date on which the development plan document which establishes the housing requirement for the area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
A local planning authority to whom this paragraph applies in accordance with paragraph 6 must comply with regulation 21 (making available a self-assessment summary)—
(a) on or after the latest of—
(i) the first day after the end of the period of four months beginning with the date on which the authority made available their notice of intention to commence local plan preparation under regulation 19 (1), and
(ii) the day after the date specified in the authority’s notice of scoping consultation, and
(b) in any event, no later than on the date at the end of the period of five years beginning with the day after the date on which the development plan document which establishes the housing requirement for the area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
- —(1) A local planning authority who meet the following criteria must comply with regulation 19 (notice of intention to commence local plan preparation) on or before the latest of the times specified in sub-paragraph (2)—
(a) the authority submit a development plan document which establishes a draft housing requirement for the area for examination under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, on or before 31st December 2026, or such later date as the Secretary of State may direct under paragraph 4(5) of that Schedule, in accordance with paragraph 5, and
(b) that development plan document is subsequently withdrawn under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
(2) The times specified in this sub-paragraph are—
(a) the date on which the authority makes their statement of withdrawal available in accordance with regulations 27 and 35 of the Town and Country Planning (Local Planning) (England) Regulations 2012 as saved in accordance with Schedule 1 to the Commencement Regulations, and
(b) 30th June 2026.
- A local planning authority to whom paragraph 8 applies must comply with regulation 21 (making available a self-assessment summary) on or before the latest of—
(a) the first day after the end of the period of four months beginning with the date on which the authority made available their notice of intention to commence local plan preparation under regulation 19 (1),
(b) the day after the date specified in the authority’s notice of scoping consultation, and
(c) 31st October 2026.
- A local planning authority who do not meet the criteria set out in paragraph 3 and to whom paragraphs 6, 7 and 8 do not apply must comply with regulation 19 (notice of intention to commence local plan preparation) on or before the latest of—
(a) the date at the end of the period of four years and eight months beginning with the day after the date on which a development plan document which establishes the housing requirement for the area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, and
(b) 31st December 2026.
- A local planning authority to whom paragraph 10 applies must comply with regulation 21 (making available a self-assessment summary)—
(a) on or after the latest of—
(i) the first day after the end of the period of four months beginning with the date on which the authority made available their notice of intention to commence local plan preparation under regulation 19 (1), and
(ii) the day after the date specified in the authority’s notice of scoping consultation, and
(b) in any event, no later than the latest of—
(i) the date at the end of the period of five years beginning with the day after the date on which a development plan document which establishes the housing requirement for the area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, and
(ii) 30th April 2027.
Commencing minerals and waste plan document preparation
- A minerals and waste planning authority are not required to comply with section 15CB(1) of the Act until such time as they are required to comply with regulation 44 (notice of intention to commence minerals and waste plan document preparation) in accordance with—
(a) paragraph 15,
(b) paragraph 17, or
(c) paragraph 19.
- Paragraphs 15 and 16 apply to a minerals and waste planning authority who—
(a) submit a development plan document which establishes a draft minerals or waste management requirement for the authority’s relevant area for examination under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, on or before 31st December 2026, or such later date as the Secretary of State may direct under paragraph 5(5) of that Schedule, and
(b) that development plan document is subsequently adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
- Paragraphs 17 and 18 apply to a minerals and waste planning authority who—
(a) submit a development plan document which establishes a draft minerals or waste management requirement for the authority’s relevant area for examination under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, on or before 31st December 2026, or such later date as the Secretary of State may direct under paragraph 5(5) of that Schedule, and
(b) that development plan document is subsequently withdrawn under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
A minerals and waste planning authority to whom this paragraph applies in accordance with paragraph 13 must comply with regulation 44 (notice of intention to commence minerals and waste plan document preparation) in relation to each minerals and waste plan document which they are to prepare, before the end of the period of four years and eight months beginning with the day after the date on which the development plan document which establishes the minerals or waste management requirement for the authority’s relevant area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
A minerals and waste planning authority to whom this paragraph applies in accordance with paragraph 13 must comply with regulation 46 (making available a self-assessment summary)—
(a) on or after the latest of—
(i) the first day after the end of the period of four months beginning with the date on which the authority made available their notice of intention to commence minerals and waste plan document preparation under regulation 44(1), and
(ii) the day after the date specified in the authority’s notice of scoping consultation, and
(b) in any event, no later than on the date at the end of the period of five years beginning with the day after the date on which the development plan document which establishes the minerals or waste management requirement for the authority’s relevant area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations.
- A minerals and waste planning authority to whom this paragraph applies in accordance with paragraph 14 must comply with regulation 44 (notice of intention to commence minerals and waste plan document preparation) in relation to each minerals and waste plan document which they are to prepare, on or before the latest of—
(a) the date on which the authority makes their statement of withdrawal available in accordance with regulations 27 and 35 of the Town and Country Planning (Local Planning) (England) Regulations 2012, as saved in accordance with Schedule 1 to the Commencement Regulations, and
(b) 30th June 2026.
- A minerals and waste planning authority to whom this paragraph applies in accordance with paragraph 14 must comply with regulation 46 (making available a self-assessment summary) on or before the latest of—
(a) the first day after the end of the period of four months beginning with the date on which the authority made available their notice of intention to commence minerals and waste plan document preparation under regulation 44(1),
(b) the day after the date specified in the authority’s notice of scoping consultation, and
(c) 31st October 2026.
- A minerals and waste planning authority to whom paragraph 15 and paragraph 17 do not apply must comply with regulation 44 (notice of intention to commence minerals and waste plan document preparation) in relation to each minerals and waste plan document which they are to prepare on or before the latest of—
(a) the date at the end of the period of four years and eight months beginning with the day after the date on which a development plan document which establishes the minerals or waste management requirement for the authority’s relevant area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, and
(b) 31st December 2026.
- A minerals and waste planning authority to whom paragraph 19 applies must comply with regulation 46 (making available a self-assessment summary)—
(a) on or after the latest of—
(i) the first day after the end of the period of four months beginning with the date on which the authority made available their notice of intention to commence minerals and waste plan document preparation under regulation 44 (1), and
(ii) the day after the date specified in the authority’s notice of scoping consultation, and
(b) in any event, no later than the latest of—
(i) the date at the end of the period of five years beginning with the day after the date on which a development plan document which establishes the minerals or waste management requirement for the authority’s relevant area was adopted or approved under Part 2 of the Act, as saved in accordance with Schedule 1 to the Commencement Regulations, and
(ii) 30th April 2027.
Policies map
- The requirement under section 15LD of the Act for a local planning authority to ensure that a map, to be known as a “policies map”, is prepared does not apply until a local plan for the authority’s area has been adopted or approved under Part 2 of the Act(112).
Explanatory Note
(This note is not part of the Regulations)
Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5) (“ the Act ”), as amended by section 97 of, and Schedule 7 to, the Levelling-up and Regeneration Act 2023 (c. 55), establishes a system of local development planning in England. These Regulations make provision for the operation of that system.
Part 1 of these Regulations contains introductory provisions (regulation 1), key definitions (regulation 2) and provision regarding electronic communications (regulation 3).
Sections 15B to 15BB of the Act impose requirements in relation to the preparation of local plan timetables and minerals and waste plan timetables by local planning authorities and minerals and waste planning authorities respectively. Part 2 of these Regulations prescribes the form and content of these timetables and makes provision in relation to when these timetables must be revised or published, and directions which may be given by the Mayor of London under section 15B(6)(b) or (7) of the Act.
Part 2 of the Act makes provision in relation to local plans (to be prepared by local planning authorities), minerals and waste plans (to be prepared by minerals and waste planning authorities), supplementary plans (to be prepared by relevant plan-making authorities) and policies maps (to be prepared by local planning authorities). Section 15CB(8) of the Act sets out that Part 2 of the Act applies in relation to a minerals and waste plan as it applies in relation to a local plan, subject to the exceptions set out in section 15CB(10) and any modifications prescribed in regulations made under section 15CB(9) of the Act. The application of Part 2 of the Act in relation to minerals and waste plans has been modified by the Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations (S.I. 2026/170).
Part 3 of these Regulations prescribes the form and content of local plans, the documents which are or form part of a minerals and waste plan, and supplementary plans, and makes provision for additional matters which authorities must have regard to in preparing these types of plans.
Part 4 of these Regulations makes provision as to the procedure for the preparation of local plans. Part 5 of these Regulations makes equivalent provision as to the procedure for the preparation of documents which are to be or form part of a minerals and waste plan (“minerals and waste plan document”). The main steps in this procedure are—
(a) publication of a notice of intention to commence local plan preparation or notice of intention to commence minerals and waste plan document preparation (regulation 19 or regulation 44 respectively),
(b) the undertaking of a scoping consultation (regulation 20 or regulation 45 respectively),
(c) preparation and publication of a self-assessment summary (regulation 21 or regulation 46 respectively),
(d) publication of proposed local plan content and evidence or proposed minerals and waste plan document content and evidence for consultation, and consideration of any representations made (regulation 23 or regulation 48 respectively),
(e) seeking observations and advice on matters including any proposed local plan content and evidence or proposed minerals and waste plan content and evidence, preparing a plan or document which it would be reasonable for an examiner to conclude is sound in the course of an independent examination under section 15D(1) of the Act, and the authority’s progress towards complying with certain legal requirements (regulation 26 or regulation 51 respectively),
(f) publication of the proposed local plan or proposed minerals and waste plan document for consultation and consideration of representations made (regulation 27 or regulation 52 respectively),
(g) seeking observations and advice on whether the prescribed requirements are met in relation to the proposed local plan or proposed minerals and waste plan document (regulations 31 and 32 or regulations 56 and 57 respectively),
(h) submission of the proposed local plan or proposed minerals and waste plan document and other documents, independent examination of the plan or document, and publication of the recommendations and reasons of the person appointed to examine the plan or document (regulations 34, 35 and 37 or regulations 59, 60 and 62 respectively), and
(i) adoption of the local plan or minerals and waste plan document by the local planning authority or minerals and waste planning authority (regulation 39 or regulation 64 respectively).
Part 6 of these Regulations makes provision as to the procedure for the preparation of supplementary plans. The main steps in this procedure are—
(j) publication of a notice of intention to commence supplementary plan preparation (regulation 68),
(k) publication of the proposed supplementary plan for consultation, and consideration of any representations made (regulation 70),
(l) submission of the proposed supplementary plan and other documents, independent examination of the supplementary plan, and publication of the recommendations and reasons of the person appointed to examine the supplementary plan (regulations 72 to 74), and
(m) adoption of the supplementary plan by the relevant plan-making authority (regulation 76).
These Regulations also include provisions as to the withdrawal, revocation or revision of local plans (regulations 38, 40 and 41), minerals and waste plan documents (regulations 63, 65 and 66) and supplementary plans (regulations 75, 77 and 78).
Part 7 of these Regulations makes provision in relation to joint local plans, joint minerals and waste plan documents and joint supplementary plans, including withdrawal from such plans by authorities or the dissolution of a joint committee.
Section 15LD(1) of the Act requires local planning authorities to ensure that a policies map is prepared, and kept up to date. Part 8 of these Regulations makes provision in relation to the form and content of policies maps, when policies maps must be revised, and in relation to their publication.
Part 9 of these Regulations makes general provision as to what is meant by making documents available, the provision of copies of documents by local planning authorities, minerals and waste planning authorities or the Mayor of London, and permits those bodies to make a reasonable charge for a copy of a document (regulations 88 and 89).
Regulation 90 revokes the Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767). Part 10 of these Regulations and the Schedule also makes transitional provision in relation to commencing preparation of a local plan or a minerals and waste plan document under the provisions of the Act and these Regulations for the first time. It also prescribes certain minerals and waste documents for the purposes of section 25(b) of the Act. Copies of the document referred to in paragraph 3(c) of the Schedule are available online, as indicated in the footnotes to these Regulations. Hard copies can be obtained free of charge by writing to the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.
A Regulatory Impact Assessment under the Better Regulation Framework has not been produced for this instrument. The Regulatory Impact Assessment for the Levelling-up and Regeneration Act 2023 provides analysis of the primary legislative measures from which the measures set out in this instrument derive. Copies can be obtained at https://publications.parliament.uk/pa/bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessment.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF. The Annexes to that document can be obtained at https://publications.parliament.uk/pa/bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessmentAnnexes.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.
(1) 2004 c. 5. Sections 15B, 15BA, 15C, 15CA, 15CB, 15CC, 15D, 15DA, 15DB, 15G, 15IB, 15IC, 15JB, 15LD and 15LE of the Planning and Compulsory Purchase Act 2004 (c. 5) (“ the Act ”) were inserted by section 97 of, and Schedule 7 to, the Levelling-up and Regeneration Act 2023 (c. 55) (“the LURA”). Sections 17, 19, 20, 25, 28, 28C, 31, 35 and 36 of the Act were repealed by section 97 of, and Schedule 7 to, the LURA but are saved by S.I. 2026/169, as they had effect immediately before 25th March 2026, for purposes related to certain existing or proposed local development documents. Section 33A of the Act was repealed by section 97 of, and Schedule 7 to, the LURA. Section 122(1) of the Act provides that a power to prescribe is a power to prescribe by regulations, exercisable by the Secretary of State in relation to England or the Welsh Ministers in relation to Wales. Section 15BB(4) of the Act applies sections 15B(5) and (10), and 15BA(3)(b) and (4) in relation to a minerals and waste plan timetable as they apply in relation to a local plan timetable. Section 15CB(8) of the Act applies Part 2 of the Act in relation to a minerals and waste plan as it applies in relation to a local plan, subject to the exceptions set out at section 15CB(10); Part 2 of the Act has been modified in relation to a minerals and waste plan by S.I. 2026/170.
(2) See section 15LF of the Planning and Compulsory Purchase Act 2004 for the definition of “local planning authority” applying to these Regulations.
(3) See section 15LG of the Planning and Compulsory Purchase Act 2004 for the definition of “minerals and waste planning authority” applying to these Regulations.
(4) 1996 c. 56; Schedule 36A was inserted by S.I. 2010/1158, and has been amended by paragraph 42(3) of Schedule 26 and paragraph 1 of Schedule 27 to the Equality Act 2010 (c. 15); paragraph 62(2) and (3) of Schedule 3 to the Children and Families Act 2014 (c. 6); there are other amendments which are not relevant to these Regulations.
(5) 2000 c. 7; section 15(1) was relevantly amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).
(6) 2003 c. 21; section 106(1) was amended by section 4(4) of the Digital Economy Act 2017 (c. 30); Schedule 3A was inserted by Schedule 1 to the Digital Economy Act 2017.
(7) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “local plan” applying to these Regulations.
(8) Section 15D(4) is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(9) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “supplementary plan” applying to these Regulations.
(10) 2010 c. 15; see sections 4 to 12.
(11) 2008 c. 26.
(12) See section 1(2) and (3) of the Local Government Act 1972 (c. 70).
(13) See section 270(2) of the Local Government Act 1972 for the definition of “non-metropolitan district”.
(14) 2011 c. 13; section 1 was amended by section 22(1) and paragraph 87(2) and (3) of Schedule 1 to the Policing and Crime Act 2017 (c. 3) and S.I. 2017/470; there are amendments to section 3 which are not relevant to these Regulations.
(15) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “minerals and waste plan” applying to these Regulations.
(16) 1990 c. 8; section 61F was inserted by paragraph 2 of Schedule 9 to the Localism Act 2011 (c. 20) and amended by section 5(2) of the Neighbourhood Planning Act 2017 (c. 20).
(17) See section 15LG(6) of the Planning and Compulsory Purchase Act 2004 for the definition of “relevant area” applying to these Regulations.
(18) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “joint local plan” applying to these Regulations.
(19) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004, as applied by section 15CB(8) of the Act and modified by S.I. 2026/170, for the definition of “joint minerals and waste plan document” applying to these Regulations.
(20) Section 15IA is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(21) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “joint supplementary plan” applying to these Regulations.
(22) 2009 c. 20; section 103 was amended by sections 12(2) and 14(2) of the Cities and Local Government Devolution Act 2016 (c. 1); paragraph 189 of Schedule 4 to the Levelling-up and Regeneration Act 2023 (c. 55).
(23) 2023 c. 55.
(24) Active Travel England is an executive agency of the Department for Transport.
(25) Canal & River Trust is a company limited by guarantee (company registration number 07807276) whose registered office is at National Waterways Museum Ellesmere Port, South Pier Road, Ellesmere Port, Cheshire, CH65 4FW and a registered charity registered with the Charity Commission number 1146792.
(26) The Civil Aviation Authority was constituted as a body corporate under section 2 of the Civil Aviation Act 1982 (c. 16); section 2 was amended by section 95(1) of the Civil Aviation Act 2012 (c. 19).
(27) The Coal Authority was established as a body corporate under section 1 of the Coal Industry Act 1994 (c. 21); it operates under the name “Mining Remediation Authority”.
(28) The English Sports Council was established by Royal Charter on 19th September 1996; it operates under the name “Sport England”.
(29) The Environment Agency was established as a body corporate under section 1 of the Environment Act 1995 (c. 25).
(30) Section 1(1) of the Forestry Act 1967 (c. 10) provides that the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 shall continue in existence. They are referred to in the Forestry Act 1967 (c. 10) as “the Commissioners”; subsection (1A) provides that, in that Act, “the appropriate forestry authority” means, in relation to England, the Commissioners; section 1 was amended by section 4 of the Wildlife and Countryside (Amendment) Act 1985 (c. 31); S.I. 2013/755; there are other amendments to section 1 which are not relevant to these Regulations.
(31) 1980 c. 66; section 1 was amended by paragraph 1 of Schedule 4 and Schedule 17 to the Local Government Act 1985 (c. 51); section 21(2) of the New Roads and Street Works Act 1991 (c. 22); section 259(2) and (3) of the Greater London Authority Act 1999 (c. 29); paragraph 2 of Schedule 1 to the Infrastructure Act 2015 (c. 7); there are other amendments to section 1 which are not relevant to these Regulations.
(32) The Historic Buildings and Monuments Commission for England was established by section 32 of the National Heritage Act 1983 (c. 47); it operates under the name “Historic England”.
(33) The Homes and Communities Agency is a body corporate established by section 1 of the Housing and Regeneration Act 2008 (c. 17); it operates under the name “Homes England”.
(34) 2006 c. 41; Chapter A3 was inserted by section 19(2) of the Health and Care Act 2022 (c. 31).
(35) 1989 c. 29; section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27); section 6(1)(b) and (c) were amended by section 136(1) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 20); there are other amendments to these provisions which are not relevant to these Regulations.
(36) 1986 c. 44; section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and relevantly amended by section 3(2), section 76(2) and (3), and paragraph 4 of Schedule 6 to the Utilities Act 2000, section 149(5) of the Energy Act 2004, and by S.I. 2011/2704.
(37) 1991 c. 56; section 6 was amended by section 36(2) and paragraph 3 of Schedule 8 to the Water Act 2003 (c. 37); paragraph 6 of Schedule 7 to the Water Act 2014 (c. 21); paragraph 28(4)(b) of Schedule 23 to the Deregulation Act 2015 (c. 20).
(38) Section 77(1) of the Local Transport Act 2008 renamed passenger transport areas established under section 9(1)(a)(i) of the Transport Act 1968 (c. 73) as integrated transport areas.
(39) The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009 (c. 23).
(40) Natural England was constituted by section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16); section 1 was amended by section 311 of the Marine and Coastal Access Act 2009 (c. 23).
(41) Network Rail Infrastructure Limited is a company limited by guarantee (company registration number 02904587).
(42) The Office for Nuclear Regulation was established by section 77 of the Energy Act 2013 (c. 32).
(43) The Office of Rail and Road was established by section 15 of the Railways and Transport Safety Act 2003 (c. 20); section 15 was amended by S.I. 2015/1682.
(44) See section 2 of the London Government Act 1963 (c. 33) for the definition of “Greater London”.
(45) Transport for London was established by section 154 of the Greater London Authority Act 1999 (c. 29).
(46) 2021 c. 30.
(47) 1971 c. 80.
(48) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “local plan timetable” applying to these Regulations.
(49) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “minerals and waste plan timetable” applying to these Regulations.
(50) Section 15B(8) is applied in relation to a minerals and waste plan timetable by section 15BB(4) of the Planning and Compulsory Purchase Act 2004.
(51) Sections 15CA, 15D and 15EA are applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; their application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(52) Section 15E is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(53) Section 15G is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(54) Section 15DA is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(55) Including as applied in relation to a minerals and waste plan timetable by section 15BB(4) of the Planning and Compulsory Purchase Act 2004.
(56) Including as applied in relation to a minerals and waste plan timetable by section 15BB(4) of the Planning and Compulsory Purchase Act 2004.
(57) See section 15LH(2) of the Planning and Compulsory Purchase Act 2004 for the definition of “relevant plan-making authority” applying to these Regulations.
(58) 2000 c. 38. Section 108 was relevantly amended by section 7(2), section 8, section 9(1) and paragraph 42 of Schedule 4 to the Local Transport Act 2008 (c. 26); paragraph 96 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20); paragraph 125 of Schedule 4 to the Levelling-up and Regeneration Act 2023.
(59) S.I. 2015/483.
(60) S.I. 2011/988. See regulation 3; there are amendments to regulation 3 which are not relevant to these Regulations.
(61) S.I. 2004/1633, amended by S.I. 2025/82; there are other amendments which are not relevant to these Regulations.
(62) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “spatial development strategy” applying to these Regulations.
(63) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “minerals and waste development” applying to these Regulations.
(64) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “spatial development strategy” applying to these Regulations.
(65) Section 15G is applied in relation to a joint supplementary plan by section 15IC(3) and (4) of the Planning and Compulsory Purchase Act 2004; its application in relation to a joint supplementary plan is modified by S.I. 2026/170.
(66) Section 15G is applied in relation to a joint local plan by section 15IA(2) and (3) of the Planning and Compulsory Purchase Act 2004; its application in relation to a joint local plan is modified by S.I. 2026/170.
(67) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “spatial development strategy” applying to these Regulations.
(68) See section 15LG(6) of the Planning and Compulsory Purchase Act 2004 for the definition of “relevant area” applying to these Regulations.
(69) Section 15B(5) to (12) is applied in relation to a minerals and waste plan timetable by section 15BB(4) of the Planning and Compulsory Purchase Act 2004.
(70) Section 15G is applied in relation to a joint supplementary plan by section 15IC(3) and (4) of the Planning and Compulsory Purchase Act 2004; its application in relation to a joint supplementary plan is modified by S.I. 2026/170.
(71) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “minerals and waste development” applying to these Regulations.
(72) Sections 15H and 15HA are applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; their application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(73) Section 15G is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(74) Section 15GA is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(75) See section 2 of the London Government Act 1963 (c. 33) for the definition of “Greater London”.
(76) See sections 4 to 12 of the Equality Act 2010 (c. 15).
(77) Active Travel England is an executive agency of the Department for Transport.
(78) Canal & River Trust is a company limited by guarantee (company registration number 07807276) whose registered office is at National Waterways Museum Ellesmere Port, South Pier Road, Ellesmere Port, Cheshire, CH65 4FW and a registered charity registered with the Charity Commission number 1146792.
(79) The Civil Aviation Authority was constituted as a body corporate under section 2 of the Civil Aviation Act 1982; section 2 was amended by section 95(1) of the Civil Aviation Act 2012 (c. 19).
(80) The Coal Authority was established as a body corporate under section 1 of the Coal Industry Act 1994; it operates under the name “Mining Remediation Authority”.
(81) The English Sports Council was established by Royal Charter on 19th September 1996; it operates under the name “Sport England”.
(82) The Environment Agency was established as a body corporate under section 1 of the Environment Act 1995.
(83) Section 1(1) of the Forestry Act 1967 (c. 10) provides that the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 shall continue in existence. They are referred to in the Forestry Act 1967 (c. 10) as “the Commissioners”; subsection (1A) provides that, in that Act, “the appropriate forestry authority” means, in relation to England, the Commissioners; section 1 was amended by section 4 of the Wildlife and Countryside (Amendment) Act 1985 (c. 31); S.I. 2013/755; there are other amendments to section 1 which are not relevant to these Regulations.
(84) The Historic Buildings and Monuments Commission for England was established by section 32 of the National Heritage Act 1983; it operates under the name “Historic England”.
(85) The Homes and Communities Agency is a body corporate established by section 1 of the Housing and Regeneration Act 2008; it operates under the name “Homes England”.
(86) Section 77(1) of the Local Transport Act 2008 renamed passenger transport areas established under section 9(1)(a)(i) of the Transport Act 1968 as integrated transport areas.
(87) The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.
(88) Natural England was constituted by section 1 of the Natural Environment and Rural Communities Act 2006; section 1 was amended by section 311 of the Marine and Coastal Access Act 2009.
(89) Network Rail Infrastructure Limited is a company limited by guarantee (company registration number 02904587).
(90) The Office for Nuclear Regulation was established by section 77 of the Energy Act 2013.
(91) The Office of Rail and Road was established by section 15 of the Railways and Transport Safety Act 2003; section 15 was amended by S.I. 2015/1682.
(92) Transport for London was established by section 154 of the Greater London Authority Act 1999.
(93) See section 15LH(2) of the Planning and Compulsory Purchase Act 2004 for the definition of “relevant plan-making authority” applying to these Regulations.
(94) 1999 c. 29. The definition of “functional body” was amended by section 3 (9) of the Police Reform and Social Responsibility Act 2011 (c. 13); paragraph 52 of Schedule 22 and Part 32 of Schedule 25 to the Localism Act 2011 (c. 20); paragraph 13 (3) of Schedule 2 to the Policing and Crime Act 2017 (c. 3).
(95) Section 15G is applied in relation to a joint supplementary plan by section 15IC(3) and (4) of the Planning and Compulsory Purchase Act 2004; its application in relation to a joint supplementary plan is modified by S.I. 2026/170.
(96) 1980 c. 65. See Schedule 32 to the Local Government, Planning and Land Act 1980 which makes provision for the preparation and adoption of schemes, and the designation of areas to which a scheme adopted under that Schedule relates as an enterprise zone.
(97) Paragraph 5(7) was repealed by paragraph 1 of Schedule 1 to the Planning (Consequential Provisions) Act 1990 (c. 11); there are other repeals not relevant to these Regulations.
(98) Including as section 15IB is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(99) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “joint local plan agreement” applying to these Regulations.
(100) See section 15LH(3) of the Planning and Compulsory Purchase Act 2004 for the definition of “joint local plan direction” applying to these Regulations.
(101) Section 15IB is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(102) Section 15I is applied in relation to a minerals and waste plan by section 15CB(8) of the Planning and Compulsory Purchase Act 2004; its application in relation to a minerals and waste plan is modified by S.I. 2026/170.
(103) See section 15J of the Planning and Compulsory Purchase Act 2004 for the definition of “constituent authority” applying to these Regulations.
(104) See section 15LD(1) of the Planning and Compulsory Purchase Act 2004 for the definition of “policies map ” applying to these Regulations.
(105) 1999 c. 29; section 337 was amended by section 96(1) of the Levelling-up and Regeneration Act 2023 (c. 55); there are other amendments to section 337 which are not relevant to these Regulations.
(106) Section 15B(8) is applied in relation to a minerals and waste plan timetable by section 15BB(4) of the Planning and Compulsory Purchase Act 2004.
(107) S.I. 2012/767, amended by S.I. 2012/2613, 2013/235, 2015/377, 2015/627, 2015/1682, 2016/871, 2017/1011, 2017/1244, 2018/1234, 2019/1103, 2020/731, 2020/1398, 2022/634, 2023/1071.
(108) S.I. 2026/169 brings into force the repeal of sections 15 to 37 of the Planning and Compulsory Purchase Act 2004, with effect from 25th March 2026, and makes provision saving those provisions, except section 33A, and S.I. 2012/767, as they had effect immediately before 25th March 2026, for purposes related to certain existing or proposed local development documents.
(109) Section 25 is saved by virtue of S.I. 2026/169.
(110) S.I. 2026/169.
(111) The document can be found at https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fmedia%2F675aaeca9f669f2e28ce2b91%2Flhn-outcome-of-the-new-method.ods&wdOrigin=BROWSELINK. Hard copies can be obtained free of charge by writing to the Ministry of Housing, Communities and Local Government, 2 Marsham Street, Westminster, London SW1P 4DF.
(112) Part 2 was amended by section 97 of, and Schedule 7 to, the Levelling-up and Regeneration Act 2023 (c. 55).
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