New clause 49 - Local development plan
Planning and Compulsory Purchase (Re-committed) Bill
9:10 am
'(1) The local planning authority must prepare and maintain a plan to be known as the local development plan (''the plan'').
(2) The plan must specify—
(a) the documents which are to be local development plan documents;
(b) the subject matter and geographical area to which each document is to relate;
(c) which documents (if any) are to be prepared jointly with one or more other local planning authorities which will be treated the same as if one single authority had prepared it;
(d) any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 28;
(e) the timetable for the preparation and revision of the documents;
(f) such other matters as are prescribed.
(3) The local planning authority may withdraw their plan at any time before it is formally adopted.
(4) The local planning authority must—
(a) prepare the plan in accordance with such other requirements as are prescribed;
(b) submit the plan to the Secretary of State at such time as is prescribed or as the Secretary of State (in a particular case) directs;
(c) at that time send a copy of the plan to the RPB or (if the authority are a London borough) to the Mayor of London;
(d) prepare, publish and have regard to a Statement of Community Involvement as negotiated by Section 4 of the Local Government Act 2000 (c22).
(5) The Secretary of State may direct the local planning authority to make such amendments to the plan as he thinks appropriate, but only when the Secretary of State and Authority can not agree on any matter.
(6) A direction under subsection (5) above must contain the Secretary of State's reasons for giving it.
(7) The local planning authority must comply with a direction given under subsection (5).
(8) The Secretary of State may make regulations as to the following matters—
(a) publicity about the plan;
(b) making the plan available for inspection by the public;
(c) requirements to be met for the purpose of bringing the plan into effect.
(9) The local planning authority must revise their local development plan—
(a) at such time as they consider appropriate; or
(b) when directed to do so by the Secretary of State.
(10) Subsections (2) to (8) apply to the revision of a plan as they apply to the preparation of the plan.
(11) When preparing the local development plan under subsection (1) above, the local planning authority must have regard to—
(a) national policies and advice contained in guidance issued by the Secretary of State;
(b) the RSS for the region in which the area of the authority is situated, if the area is outside Greater London;
(c) the spatial development strategy if the authority in a London borough or if any part of the authority's area adjoins Greater London;
(d) the RSS for any region which adjoins the area of the authority;
(e) the Wales Spatial Plan if any part of the authority's area adjoins Wales;
(f) the community strategy prepared by the authority;
(g) the community strategy for any other authority whose area comprises any part of the area of the local planning authority;
(h) any other local development plan which has been adopted by the authority;
(i) the resources likely to be available for implementing the proposals in the document;
(j) such other matters as the Secretary of State prescribes.
(12) The local planning authority must submit their local development plan to the Secretary of State for independent examination.
(13) But the authority must not submit such a document unless—
(a) they have complied with any relevant requirements contained in regulations under this Part, and
(b) they are satisfied that the plan is ready for independent examination.
(14) The authority must also send to the Secretary of State (in addition to the development plan) such other documents (or copies of documents) and such information as is prescribed.
(15) The examination must be carried out by a person (''the independent inspector'') appointed by the Secretary of State.
(16) The purpose of an independent examination is to determine in respect of the development plan—
(a) whether it satisfies the requirements in this section; and
(b) whether it is sound.
(17) Any person who makes representations seeking to change a development plan must (if he so requests) be given the opportunity to submit his representation in writing to the independent inspector, who shall decide whether or not that person shall be heard at the examination.
(18) The independent inspector must—
(a) make recommendations; and
(b) give reasons for such recommendations.
(19) The local planning authority must publish recommendations made under subsection (18).—[Mr. Clifton-Brown.]
Brought up, and read the First time.
Motion made [21 October], That the clause be read a Second time.
Question again proposed.