The Town and Country Planning (Local Development) (England) Regulations 2004

JurisdictionUK Non-devolved
CitationSI 2004/2204

2004 No. 2204

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (Local Development) (England) Regulations 2004

Made 26th August 2004

Laid before Parliament 7th September 2004

Coming into force 28th September 2004

The First Secretary of State, in exercise of the powers conferred upon him by sections 13(2)(f), 14(3) and (5), 15(2)(g), (3) and (7), 17(1)(a) and (7), 19(2)(j), 20(3), 24(3), 28(9) and (11), 31(6) and (7), 35(2) and (3) and 36 of the Planning and Compulsory Purchase Act 20041and paragraph 4(2) of Schedule 4A to the Town and Country Planning Act 19902and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1 GENERAL

PART 1

GENERAL

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Local Development) (England) Regulations 2004 and shall come into force on 28th September 2004.

(2) These Regulations apply in relation to England only.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations–

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

“DPD” means development plan document;

“LDD” means local development document;

“SPD” means supplementary planning document;

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

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

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

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

“disabled person” has the same meaning as in section 1(2) of the Disability Discrimination Act 19953;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 20004;

“electronic communications apparatus” has the same meaning as in paragraph 1(1) of the electronic communications code5;

“electronic communications code” has the same meaning as in section 106(1) of the Communications Act 20036;

“general consultation bodies” means the following bodies—

(a) voluntary bodies some or all of whose activities benefit any part of the authority’s area,

(b) bodies which represent the interests of different racial, ethnic or national groups in the authority’s area,

(c) bodies which represent the interests of different religious groups in the authority’s area,

(d) bodies which represent the interests of disabled persons in the authority’s area,

(e) bodies which represent the interests of persons carrying on business in the authority’s area;

“inspection” means inspection by the public;

“national waste strategy” means any statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England, and which is made under section 44A of the Environmental Protection Act 19907, or pending the publication of the first such statement, any relevant waste disposal plan prepared under section 50 of that Act8;

“Ordnance Survey map” means a map produced by Ordnance Survey or a map on a similar base at a registered scale;

“person appointed” means a person appointed by the Secretary of State under section 20(4) to carry out an independent examination;

“regional planning body” is a body that meets the requirements of section 2;

“relevant authority” means—

(a) a local planning authority,

(b) a county council referred to in section 16(1),

(c) a parish council;

“site allocation policy” means a policy which allocates a site for a particular use or development;

“specific consultation bodies”—

(a) in relation to a local planning authority whose area is in a region other than London, means the regional planning body and the bodies specified or described in sub-paragraphs (i) to (x);

(i) the Countryside Agency9,

(ii) the Environment Agency10,

(iii) the Historic Buildings and Monuments Commission for England11,

(iv) English Nature12,

(v) the Strategic Rail Authority13,

(vi) the Highways Agency,

(vii) a relevant authority any part of whose area is in or adjoins the area of the local planning authority,

(viii) a Regional Development Agency14whose area is in or adjoins the area of the local planning authority,

(ix) any person–

(aa) to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003, and

(bb) who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority,

(x) if it exercises functions in any part of the local planning authority’s area

(aa) a Strategic Health Authority15,

(bb) a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 198916,

(cc) a person to whom a licence has been granted under section 7(2) of the Gas Act 198617,

(dd) a sewerage undertaker,

(ee) a water undertaker;

(b) if the authority are a London borough council, means the Mayor of London and the bodies specified or described in paragraph (a)(i) to (x);

“submission proposals map” means a document of the description referred to in regulation 6(5);

“sustainability appraisal report” means the report prepared pursuant to section 19(5)(b)18; and

“supplementary planning document” means an LDD which is not a DPD, but does not include the local planning authority’s statement of community involvement.

(2) In these Regulations any reference to a section is a reference to a section of the Act unless otherwise stated.

S-3 Scope of Regulations

Scope of Regulations

3.—(1) Subject to paragraph (2), these Regulations have effect in relation to–

(a)

(a) the revision of an LDD as they apply to the preparation of an LDD;

(b)

(b) a minerals and waste development scheme as they have effect in relation to a local development scheme and for that purpose–

(i) references to a local development scheme include references to a minerals and waste development scheme, and

(ii) references to a local planning authority include references to a county council within the meaning of section 16(1).

(2) Regulations 5, 12(3) and 47 have no effect in relation to minerals and waste development schemes.

S-4 Electronic communications

Electronic communications

4.—(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 his office hours, it shall be taken to have been received on the next working day, and in this regulation “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

2 SURVEY OF AREA

PART 2

SURVEY OF AREA

S-5 Survey of area: county councils

Survey of area: county councils

5.—(1) Each county council shall keep under review, in relation to that part of their area for which there is a district council, the following matters—

(a)

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

(b)

(b) the size, composition and distribution of the population of the area;

(c)

(c) the communications, transport system and traffic of the area;

(d)

(d) any other considerations which may be expected to affect those matters.

(2) The persons prescribed for the purposes of section 14(5) are–

(a)

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

(b)

(b) if the regional planning body within whose area the area of the county council lies requests a copy of the results of the review under section 14(3), that body.

3 LOCAL DEVELOPMENT SCHEMES AND DOCUMENTS WHICH MUST BE DEVELOPMENT PLAN DOCUMENTS

PART 3

LOCAL DEVELOPMENT SCHEMES AND DOCUMENTS WHICH MUST BE DEVELOPMENT PLAN DOCUMENTS

S-6 Documents to be specified in local development schemes as local development documents

Documents to be specified in local development schemes as local development documents

6.—(1) The descriptions of document prescribed for the purposes of section 17(1)(a) which must be specified as LDDs in a local development scheme are–

(a)

(a) any document containing statements of—

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

(ii) objectives relating to design and access which the local planning authority wish to encourage during any specified period;

(iii) any environmental, social and economic objectives which are relevant to the attainment of the development and use of land mentioned in paragraph (i);

(iv) the authority’s general policies in respect of the matters referred to in paragraphs (i) to (iii); and

(b)

(b) where a document of the description mentioned in paragraph (a) contains policies applying to sites or areas by reference to an Ordnance Survey map, an LDD which accompanies a DPD and shows how the adopted proposals map is to be amended as a result of the submission of that DPD to the Secretary of State under regulation 28.

(2) The descriptions of other documents prescribed for the purposes of section 17(1)(a) which, if prepared, must be specified as LDDs in a local development scheme are–

(a)

(a) any document which–

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

(ii) identifies that area as an area of significant change or special conservation; and

(iii) contains the...

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