The Town and Country Planning (Local Planning) (England) Regulations 2012
2012 No. 767
Town And Country Planning, England
The Town and Country Planning (Local Planning) (England) Regulations 2012
Made 8th March 2012
Laid before Parliament 15th March 2012
Coming into force 6th April 2012
The Secretary of State, in exercise of the powers conferred by sections 17(7), 19(2)(j), 20(3), 28(9) and (11), 31(6) and (7), 33A(1)(c) and (9), 35(2) and 36 of the Planning and Compulsory Purchase Act 20041, makes the following Regulations:
PART 1
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Town and Country Planning (Local Planning) (England) Regulations 2012 and come into force on 6th April 2012.
(2) These Regulations apply in relation to England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Planning and Compulsory Purchase Act 2004;
“address” in relation to electronic communications means any number or address used for the purposes of such communications;
“adopted policies map” means a document of the description referred to in regulation 9;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 20002;
“electronic communications apparatus” has the same meaning as in paragraph 1(1) of the electronic communications code;
“electronic communications code” has the same meaning as in section 106(1) of the Communications Act 20033;
“general consultation bodies” means the following—
(a) voluntary bodies some or all of whose activities benefit any part of the local planning authority’s area,
(b) bodies which represent the interests of different racial, ethnic or national groups in the local planning authority’s area,
(c) bodies which represent the interests of different religious groups in the local planning authority’s area,
(d) bodies which represent the interests of disabled persons in the local planning authority’s area,
(e) bodies which represent the interests of persons carrying on business in the local planning authority’s area;
“inspection” means inspection by the public;
“local plan” means any document of the description referred to in regulation 5(1)(a)(i), (ii) or (iv) or 5(2)(a) or (b), and for the purposes of section 17(7)(a) of the Act these documents are prescribed as development plan documents;
“local policing body” means—
(a) a police and crime commissioner (in relation to a police area listed in Schedule 1 to the Police Act 19964);
(b) the Mayor’s Office for Policing and Crime (in relation to the metropolitan police district);
(c) the Common Council (in relation to the City of London police area);
“Ordnance Survey map” means an Ordnance Map or a map on a similar base at a registered scale;
“relevant authority” means—
(a) a local planning authority ,
(b) a county council referred to in section 16(1) of the Act,
(c) a parish council,
(d) a local policing body;
“site allocation policy” means a policy which allocates a site for a particular use or development;
“specific consultation bodies” means the following—
(a) the Coal Authority5,
(b) the Environment Agency6,
(c) the Historic Buildings and Monuments Commission for England (known as English Heritage)7,
(d) the Marine Management Organisation8,
(e) Natural England9,
(f) Network Rail Infrastructure Limited (company number 2904587),
(g) the Highways Agency,
(h) a relevant authority any part of whose area is in or adjoins the local planning authority’s area,
(i) any person—
(i) to whom the electronic communications code applies by virtue 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 any part of the local planning authority’s area,
(j) if it exercises functions in any part of the local planning authority’s area—
(i) a Primary Care Trust established under section 18 of the National Health Service Act 200610or continued in existence by virtue of that section;
(ii) a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 198911;
(iii) a person to whom a licence has been granted under section 7(2) of the Gas Act 198612;
(iv) a sewerage undertaker; and
(v) a water undertaker;
(k) the Homes and Communities Agency13; and
(l) where the local planning authority are a London borough council, the Mayor of London;
“submission policies map” means a map which accompanies a local plan submitted to the Secretary of State under section 20(1) of the Act and which shows how the adopted policies map would be amended by the accompanying local plan, if it were adopted;
“supplementary planning document” means any document of a description referred to in regulation 5 (except an adopted policies map or a statement of community involvement) which is not a local plan; and
“sustainability appraisal report” means the report prepared pursuant to section 19(5)(b) of the Act.
(2) These Regulations have effect in relation to the revision of a local plan or a supplementary planning document as they apply to the preparation of a local plan or a supplementary planning document.
(3) These Regulations have effect in relation to a minerals and waste development scheme as they have effect in relation to a local development scheme and for that purpose—
(a)
(a) references to a local development scheme include references to a minerals and waste development scheme, and
(b)
(b) references to a local planning authority include references to a county council within the meaning of section 16(1) of the Act.
Electronic communications
3.—(1) Where within these Regulations—
(a)
(a) a person is required to—
(i) send a document, a copy of a document or any notice to another person,
(ii) notify another person of any matter; and
(b)
(b) that other person has an address for the purposes of electronic communications;
the document, copy, notice or notification may be sent or made by way of electronic communications.
(2) Where within these Regulations a person may make representations on any matter or document, those representations may be made—
(a)
(a) in writing, or
(b)
(b) by way of electronic communications.
(3) Where—
(a)
(a) an electronic communication is used as mentioned in paragraphs (1) and (2), and
(b)
(b) the communication is received by the recipient outside the recipient’s office hours, it is to be taken to have been received on the next working day, and in this regulation “working day” means a day which is not a Saturday, Sunday, bank holiday under the Banking and Financial Dealings Act 197114or other public holiday in England.
PART 2
Duty to co-operate
Duty to co-operate
4.—(1) The bodies prescribed for the purposes of section 33A(1)(c) of the Act are—
(a)
(a) the Environment Agency;
(b)
(b) the Historic Buildings and Monuments Commission for England (known as English Heritage);
(c)
(c) Natural England;
(d)
(d) the Mayor of London;
(e)
(e) the Civil Aviation Authority15;
(f)
(f) the Homes and Communities Agency;
(g)
(g) each Primary Care Trust established under section 18 of the National Health Service Act 200616or continued in existence by virtue of that section;
(h)
(h) the Office of Rail Regulation17;
(i)
(i) Transport for London18;
(j)
(j) each Integrated Transport Authority19;
(k)
(k) each highway authority within the meaning of section 1 of the Highways Act 198020(including the Secretary of State, where the Secretary of State is the highways authority); and
(l)
(l) the Marine Management Organisation.
(2) The bodies prescribed for the purposes of section 33A(9) of the Act are each local enterprise partnership.
(3) In this regulation “local enterprise partnership” means a body, designated by the Secretary of State, which is established for the purpose of creating or improving the conditions for economic growth in an area.
PART 3
Local development documents and directions by the Mayor of London
Local development documents
5.—(1) For the purposes of section 17(7)(za)21of the Act the documents which are to be prepared as local development documents are—
(a)
(a) any document prepared by a local planning authority individually or in cooperation with one or more other local planning authorities, which contains statements regarding one or more of the following—
(i) the development and use of land which the local planning authority wish to encourage during any specified period;
(ii) the allocation of sites for a particular type of development or use;
(iii) any environmental, social, design and economic objectives which are relevant to the attainment of the development and use of land mentioned in paragraph (i); and
(iv) development management and site allocation policies, which are intended to guide the determination of applications for planning permission;
(b)
(b) where a document mentioned in sub-paragraph (a) contains policies applying to sites or areas by reference to an Ordnance Survey map, any map which accompanies that document and which shows how the adopted policies map would be amended by the document, if it were adopted.
(2) For the purposes of section 17(7)(za) of the Act the documents which, if prepared, are to be prepared as local development documents are—
(a)
(a) any document which—
(i) relates only to part of the area of the local planning authority;
(ii) identifies that area as an area of significant change or special conservation; and
(iii) contains the local planning authority’s policies in relation to the area; and
(b)
(b) any other document which includes a site allocation policy.
Local plans
6. Any document of the description referred to in regulation 5(1)(a)(i), (ii) or (iv) or 5(2)(a) or (b) is a local plan.
Direction by the Mayor of London
7.—(1) Where the Mayor of...
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