ukpga/2004/5 — Planning and Compulsory Purchase Act 2004

Planning and Compulsory Purchase Act 2004 2004 c. 5 An Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land. [13th May 2004] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part 1 Regional functions Spatial strategy Regional Spatial Strategy 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Planning bodies Regional planning bodies 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RPB: general functions 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistance from certain local authorities 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of RPB functions to regional development agencies 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RSS revision RSS: revision 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RSS: community involvement 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RSS: Secretary of State’s functions 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RSS: examination in public 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RSS: further procedure 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary of State: additional powers 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary Regulations 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 1A Strategic plan-making Strategic planning authorities and strategic planning boards Spatial development strategy to be produced by strategic planning authorities 12A 1 This Part requires strategic planning authorities to prepare a document, conforming to section 12D, known as a “spatial development strategy”. 2 In this Part “ strategic planning authority ” means— a a strategic planning board (see section 12B); b a combined authority; c a combined county authority; d an upper-tier county council for an area no part of which forms part of the area of a combined authority or a combined county authority; e a unitary authority for an area— i that is in England, and ii no part of which forms part of the area of a combined authority or a combined county authority. 3 But a principal authority that is a constituent authority of a strategic planning board is not a strategic planning authority for the purposes of this Part. 3A Where there is a mayor for the area of a combined authority or combined county authority, the functions of the authority under this Part as a strategic planning authority are functions of the authority exercisable only by the mayor on behalf of the authority. 4 In this Part “ strategy area ”, in relation to a spatial development strategy, means— a in the case of a strategic planning board, the area consisting of the areas of the constituent authorities of the board; b in the case of a combined authority, the area of the combined authority; c in the case of a combined county authority, the area of the combined county authority; d in the case of an upper-tier county council, the area of the upper-tier county council; e in the case of a unitary authority, the area of the unitary authority. 5 Any function of a strategic planning authority exercisable by or under this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies— a section 101(1)(b); b section 101(5). 6 For provision about the spatial development strategy for London, see (in particular) sections 334 to 343 of the Greater London Authority Act 1999. 7 In this Part “ principal authority ” means a body specified in any of paragraphs (b) to (e) of subsection (2). Strategic planning boards 12B 1 This section applies where the Secretary of State considers that it is desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities. 2 Subject to subsection (4), the Secretary of State may by regulations establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”). 3 Such a committee is to be known as a “strategic planning board”. 4 The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations— a the principal authorities that are to be the constituent authorities of the board, b any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and c the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities. 5 Where the Secretary of State is considering whether to, or has decided to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies. Regulations about strategic planning boards 12C 1 Strategic planning board regulations that establish a strategic planning board must specify— a the constituent authorities of the board, and b the area in relation to which the board exercises functions under this Part. 2 Strategic planning board regulations may make provision about— a the composition of a strategic planning board (including about the appointment of members to the board or any sub-committee of the board); b the proceedings of a strategic planning board and of any sub-committee of the board (including provision about voting rights); c such other matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions under this Part. 3 Provision of the kind mentioned in subsection (2)(c) may include provision— a corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972; b applying (with or without modifications) such enactments relating to local authorities as the Secretary of State considers appropriate; c requiring the making by a constituent authority of payments towards the costs of the strategic planning board; d modifying the application of this Part in relation to a strategic planning board. 4 For the purposes of subsection (3)(b) a local authority is any of the following— a a county council; b a district council; c a London borough council. 5 If strategic planning board regulations establishing a strategic planning board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution. 6 The Secretary of State’s power to make strategic planning board regulations that amend or revoke other strategic planning board regulations— a is exercisable whether or not the constituent authorities of the strategic planning board in question request an amendment or revocation; b is exercisable only after the Secretary of State has consulted the following on a draft of the proposed regulations— i the strategic planning board in question, ii the constituent authorities of that board, iii any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and iv the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities. 7 The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations. 8 In this section “ strategic planning board regulations ” means regulations under section 12B(2). Contents of spatial development strategy Contents of spatial development strategy 12D 1 A spatial development strategy must include a statement of the strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area. 2 A spatial development strategy must include a reasoned justification for the policies referred to in subsection (1). 3 A spatial development strategy must specify the period for which it is to have effect. 4 A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of— a supporting or facilitating development in that area, b mitigating, or adapting to, climate change, or c promoting or improving the economic, social or environmental well-being of that area. 5 A spatial development strategy may specify or describe— a an amount or distribution of housing (of any kind), the provision of which the strategic planning authority considers to be of strategic importance to the strategy area; b an amount or distribution of affordable housing or any other kind of housing, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area. 6 For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area. 7 The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with. 8 A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed. 9 A spatial development strategy may make different provision for different cases or for different parts of the strategy area. 10 A spatial development strategy must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change. 11 A spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular— a the areas identified in the strategy as areas which— i are, or could become, of particular importance for biodiversity, or ii are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits, b the priorities set out in the strategy for recovering or enhancing biodiversity, and c the proposals set out in the strategy as to potential measures relating to those priorities. 12 A spatial development strategy must not— a include anything that is not permitted or required by or under the preceding provisions of this section, b specify particular sites where development should take place, or c be inconsistent with or (in substance) repeat any national development management policy. 13 The Secretary of State may prescribe— a the form of a spatial development strategy; b documents that must accompany a spatial development strategy. 14 In subsection (5) “ affordable housing ” means— a social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and b any other description of housing that may be prescribed. Spatial development strategy timetable Timetable for preparing spatial development strategy 12E 1 A strategic planning authority must prepare and maintain a document relating to its spatial development strategy, known as a “spatial development strategy timetable”. 2 A spatial development strategy timetable must specify— a the strategy area, and b a timetable for the preparation of the strategy that is consistent with this Part and any regulations made under it. 3 The Secretary of State may prescribe— a the form and content of a spatial development strategy timetable; b further matters the timetable must deal with. Spatial development strategy timetable: further provision 12F 1 A strategic planning authority must submit its draft spatial development strategy timetable to the Secretary of State within such period as may be prescribed. 2 The Secretary of State may direct the strategic planning authority to make specified amendments to the draft timetable. 3 If the Secretary of State has not given such a direction to the strategic planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect. 4 A strategic planning authority to which a direction under subsection (2) is given— a must submit a revised draft spatial development strategy timetable to the Secretary of State within the period specified in the direction, and b may bring the timetable into effect only when the Secretary of State approves the timetable as revised in accordance with that direction or any further direction under subsection (2). 5 If a strategic planning authority— a does not comply with subsection (1), or b does not comply with subsection (4)(a), the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect. 6 A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it. 7 To bring a spatial development strategy timetable into effect, a strategic planning authority must publish it, together with a statement that the timetable has effect. 8 A strategic planning authority must comply with a spatial development strategy timetable that has effect. 9 The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect. 10 Regulations under subsection (9)— a may provide that revisions of a spatial development strategy timetable must be approved by the Secretary of State; b may confer a power to direct that a timetable is to be revised or that revisions require the approval of the Secretary of State. Preparation and adoption of spatial development strategy Preparation of draft spatial development strategy 12G 1 A strategic planning authority must prepare a draft of its spatial development strategy. 2 In doing so, a strategic planning authority must have regard to— a any strategy, plan or policy published by the strategic planning authority that the strategic planning authority considers to be relevant, b the effect which the proposed spatial development strategy would have on each of the following— i the health of persons in the strategy area; ii health inequalities between persons living in the strategy area; iii the achievement of sustainable development; c the need to ensure that the strategy is consistent with current national policies; d any other prescribed matters. 2A The Secretary of State must make regulations under subsection (2)(d) which prescribe the desirability of prioritising development on land that has been previously developed. 3 In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board. Consultation and representations 12H 1 A strategic planning authority that has prepared a draft spatial development strategy must— a publish the draft strategy on the authority’s website, b notify the persons specified in subsection (2) that the draft strategy has been published on the authority’s website, and c make copies of the draft strategy available for inspection at the authority’s principal office and at any other place that the authority considers appropriate. 2 The persons referred to in subsection (1)(b) are— a the Secretary of State, b any county council for an area that is within, or any part of which is within, the strategy area, c any district council for an area that is within the strategy area, d any county council or district council for an area that adjoins the strategy area and is affected by the strategy, e any local planning authority for an area that is wholly or partly within, or adjoins, the strategy area and is affected by the strategy, f the person responsible for preparing a spatial development strategy for an area that adjoins the strategy area and is affected by the strategy, g such other persons as may be prescribed, and h such other persons as the strategic planning authority considers appropriate. 3 In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy— a voluntary bodies some or all of whose activities benefit the whole or part of the strategy area, b bodies which represent the interests of different racial, ethnic or national groups in the strategy area, c bodies which represent the interests of different religious groups in the strategy area, and d bodies which represent the interests of different persons carrying on business in the strategy area. 4 Where a strategic planning authority— a publishes a draft spatial development strategy as required by subsection (1)(a), or b makes such a strategy available for inspection as required by subsection (1)(c), the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy. 5 A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy. 6 An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7). 7 Representations must be made— a in the prescribed form and manner; b within the prescribed period. 8 In subsection (1)— a references to a strategic planning authority’s website include references to the website of a constituent authority of a strategic planning board; b the reference to a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board. Public examination 12I 1 A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public. 2 Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”). 3 The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate. 4 The following may take part in an examination— a the strategic planning authority that prepared the strategy, and b any person invited to do so by the examiner. 5 No person is to have a right to be heard at an examination. 6 On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy. 7 The report may recommend that specified modifications are made to the draft strategy before it is adopted. 8 The report may recommend that the draft strategy is withdrawn. 9 The strategic planning authority must publish the report. Withdrawal before adoption 12J 1 A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination. 2 Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted). 3 The strategic planning authority that prepared the draft strategy may withdraw it only if— a the Secretary of State so directs, or b the examiner recommends that it is withdrawn, and the Secretary of State has not directed that it is not to be withdrawn. 4 The steps taken by a strategic planning authority to withdraw a draft strategy must include— a deleting the strategy from the website on which it was published; b removing copies of the strategy that were made available for inspection; c notifying the following that the strategy has been withdrawn— i each person to whom a notification under section 12H(1)(b) was required to be given; ii any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7). Submission to Secretary of State before adoption 12K 1 This section applies where— a a draft spatial development strategy has been published under section 12H, b the prescribed period for the making of representations (see section 12H(7)) has elapsed, c either— i the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or ii no examination of the draft strategy is needed because of a direction under section 12I(1), and d the draft strategy has not been withdrawn (see section 12J). 2 The strategic planning authority must— a consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result, b if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and c consider whether to make any other modifications to take account of— i any national development management policies so far as material, or ii any other material considerations. 3 After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it. 4 The strategic planning authority must inform the Secretary of State of— a any modifications made to the published draft strategy, and the reasons for making them; b any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them. 5 If the Secretary of State considers that a submitted spatial development strategy is— a inconsistent with current national policies, or b detrimental to the interests of an area outside the strategy area, the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment. 6 In this section “ the relevant period ”, in relation to a spatial development strategy, means— a the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or b such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy. Adoption of spatial development strategy 12L 1 A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section. 2 A spatial development strategy must not be adopted by a strategic planning authority unless— a the relevant period (as defined in section 12K(6)) has elapsed, b the authority has complied with any requirement of regulations under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and c if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy. 3 A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied. 4 Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by— a a combined authority, or b a combined county authority. 4A In the case of a non-mayoral combined authority or non-mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority. 4B In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor. 4C But if— a the office of mayor is vacant, and b there is no deputy mayor, the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority. 4D In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority— a each constituent member has one vote; b in the case of a tied vote— i no person has a casting vote; and ii the authority must be regarded as having disagreed to the question that the decision should be made. 5 In the case of a resolution of a mayoral combined authority or mayoral combined county authority— a each relevant member has one vote; b in the event of a tied vote then (unless it is a case where subsection (4C) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have). 5 In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have). 6 A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted. 7 A spatial development strategy becomes operative when it is published. 8 In this section— “ constituent member ”, in relation to a combined authority or combined county authority— means a person appointed by a constituent council to be a member of the authority; and also includes a person acting as a member of the authority in the absence of such a member; and here “ constituent council ” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority); “ relevant member ”, in relation to mayoral combined authority or mayoral combined county authority means— a constituent member, or the mayor, and also includes the deputy mayor acting in place of the mayor. Review, alteration and replacement of spatial development strategy Review and monitoring 12M 1 This section applies in relation to an operative spatial development strategy. 2 A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy. 3 In exercising functions under subsection (2), a strategic planning authority must— a if the authority identifies matters to be kept under review that relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters; b if the authority identifies matters to be kept under review that relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters. 4 A strategic planning authority must carry out a review of its spatial development strategy from time to time. 5 The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy. 6 A strategic planning authority must— a monitor the implementation of its spatial development strategy, and b monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the strategy. 7 The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy— a a duty to make prescribed information relating to the implementation of the authority’s strategy available to the public in such form and manner as may be prescribed; b a duty to provide prescribed information relating to the implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed. Alterations 12N 1 This section applies in relation to an operative spatial development strategy. 2 A strategic planning authority may at any time prepare alterations of its strategy. 3 The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction. 4 The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy. 5 A spatial development strategy as altered must still conform to section 12D. 6 Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy. Replacement 12O 1 This section applies in relation to an operative spatial development strategy. 2 A strategic planning authority may at any time prepare a new spatial development strategy as a replacement. 3 The Secretary of State may direct a strategic planning authority to replace its spatial development strategy. 4 The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy. 5 A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part. Secretary of State’s intervention powers in relation to spatial development strategy Powers where strategic planning authority is failing etc 12P 1 This section applies if the Secretary of State considers that— a a strategic planning authority is failing to do anything it is necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy, b a spatial development strategy is, is going to be or may be— i inconsistent with current national policies, or ii detrimental to the interests of an area outside the strategy area, or c a proposed alteration of a spatial development strategy will, or may, result in the strategy becoming— i inconsistent with current national policies, or ii detrimental to the interests of an area outside the strategy area. 2 The Secretary of State may— a if the strategy is not operative, take over preparation of the strategy from the strategic planning authority; b if the strategy is operative, alter the strategy; c give a direction to the strategic planning authority in relation to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy. 3 The power of direction under subsection (2)(c) includes power to direct a strategic planning authority— a to modify or withdraw its draft spatial development strategy; b to alter or revoke its (operative) spatial development strategy. 4 Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a). 5 The Secretary of State must publish a document setting out— a the timetable for preparing the strategy, and b details of any departures from any existing spatial development strategy timetable. 6 The Secretary of State must (or, if an examination of the draft strategy has already been held, may)— a make arrangements for an examination of the draft strategy to be held in public, or b direct the strategic planning authority to make arrangements for an examination of the draft strategy under section 12I. 7 Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State. 8 The Secretary of State must either— a publish the examiner’s report, or b direct the strategic planning authority to publish it. 9 The Secretary of State may then— a approve the strategy, b modify the strategy and approve it with the modifications, c direct the strategic planning authority to consider adopting— i the strategy, or ii the strategy as modified by the Secretary of State, or d reject the strategy. 10 If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received). 11 If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either— a publish the strategy, or b direct the strategic planning authority to publish it. 12 The spatial development strategy becomes operative when it is published. 13 Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a). 14 The Secretary of State must give reasons for— a whatever the Secretary of State does under subsection (2); b the decision made under subsection (9). 15 In the exercise of any function under this section the Secretary of State— a may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and b must have regard to— i the spatial development strategy timetable, and ii the local plan timetable prepared by a local planning authority for an area that is wholly or partly within the strategy area. 16 In subsection (15)(b)(ii) “ local plan timetable ” is to be construed in accordance with section 15B. Power to approve strategy where adoption resolution not passed 12Q 1 This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy. 2 The Secretary of State may, if the Secretary of State considers it appropriate— a approve the strategy, or b modify the strategy and approve it with the modifications. 3 The powers in subsection (2) are exercisable— a on the Secretary of State’s own initiative, or b in the case of a strategy prepared by a mayoral combined authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers. 4 The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023). 5 The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority— a for anything the Secretary of State does under subsection (2), or b if the Secretary of State declines to approve the strategy, for that decision. 6 If the Secretary of State approves a spatial development strategy under subsection (2) the Secretary of State must either— a publish the strategy, or b direct the strategic planning authority to publish it. 7 The spatial development strategy becomes operative when it is published. 8 In making a decision under this section the Secretary of State may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority). Liability for Secretary of State’s costs of intervention 12R 1 The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy. 2 Where the strategic planning authority is a strategic planning board, subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable. Temporary direction pending possible use of intervention powers 12S 1 If the Secretary of State is considering whether to take action under section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy— a until a time or event (if any) specified in the direction, or b until the direction is revoked. 2 A spatial development strategy to which such a direction relates is not operative while the direction is in force. 3 A direction given under this section in relation to a strategy ceases to have effect if the Secretary of State— a gives a direction under section 12P(2)(c) or (9)(c) in relation to the strategy, or b approves the strategy under section 12P(9)(a) or (b). Supplementary Supplementary etc provision in connection with regulations about strategic planning boards 12T 1 The Secretary of State may by regulations make supplementary, incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations. 2 Where, immediately before strategic planning board regulations establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board. 3 Where a strategic planning board has an operative spatial development strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities. 4 In this section “ strategic planning board regulations ” means regulations under section 12B(2). Regulations 12U 1 The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part. 2 The regulations may (among other things) make provision as to— a the procedure to be followed in connection with the preparation, adoption, publication, review, withdrawal, alteration or replacement of a spatial development strategy or in connection with a review under section 12M(2); b the remuneration and allowances payable to a person appointed to conduct a public examination (under section 12I or as mentioned in section 12P(6)(a)); c the supply of information or documents to the Secretary of State by a strategic planning authority for the purposes of any decision that the Secretary of State may make under this Part; d the determination of the time by or at which anything must be done for the purposes of this Part; e the manner of publication of any document required to be published under this Part; f the making of reasonable charges for the provision of copies of documents required by or under this Part. 3 Regulations under this Part may make different provision for different areas. Directions 12V 1 A direction given to a strategic planning authority under this Part may— a require the authority to do specified things by specified dates; b require the authority to keep the Secretary of State informed at specified intervals of the progress being made towards doing what the authority is directed to do. 2 A direction under this Part must be given in writing. 3 A direction under this Part may be varied or revoked by notice in writing to the strategic planning authority to which it was given. 4 A direction under this Part must be published. Meaning of “spatial development strategy” etc 12W 1 In this Part “ spatial development strategy ” means, as the context requires— a a strategy adopted by a strategic planning authority under section 12L, b a strategy approved by the Secretary of State under section 12P(9)(a) or (b) or 12Q(2)(a) or (b), or c a strategy in preparation by a strategic planning authority in accordance with this Part. 2 In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)— a “ spatial development strategy ” includes— i the spatial development strategy for London, ii a spatial development strategy adopted by a combined authority in accordance with regulations under section 105A of the Local Democracy, Economic Development and Construction Act 2009, and iii a spatial development strategy adopted by a combined county authority in accordance with regulations under section 19 of the Levelling-up and Regeneration Act 2023; and b “person responsible for preparing a spatial development strategy” is to be read accordingly. 3 For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised. Interpretation 12X 1 In this Part— “ combined authority ” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009; “ combined county authority ” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “ constituent authority ”, in relation to a strategic planning board, is to be construed in accordance with section 12B; “ examination ” means an examination in public of a draft spatial development strategy as set out in section 12I, and “ examiner ” is to be construed accordingly; “ mayoral combined authority ” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009; “ mayoral combined county authority ” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023; “ national development management policy ” must be construed in accordance with section 38ZA; “ non-mayoral combined authority ” means a combined authority that is not a mayoral combined authority; “ non-mayoral combined county authority ” means a combined county authority that is not a mayoral combined county authority; “ principal authority ” has the meaning given by section 12A(7); “ spatial development strategy for London ” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999; “ spatial development strategy timetable ” has the meaning given by section 12E; “ strategic planning authority ” has the meaning given by section 12A; “ strategic planning board ” has the meaning given by section 12B; “ strategy area ” has the meaning given by section 12A(4); “ unitary authority ” means— a county council for an area that does not include the areas of district councils, or a district council for an area that does not form part of the area of a county council; “ upper-tier county council ” means a county council for an area that includes the areas of district councils. 2 In this Part— a “ local planning authority ” has the same meaning as in Part 2 (see section 15LF); b references to a local planning authority’s area are to the area for which they are the local planning authority in accordance with that Part. Part 2 Local development Survey Survey of area 13 1 The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development. 2 These matters include— a the principal physical, economic, social and environmental characteristics of the area of the authority; b the principal purposes for which land is used in the area; c the size, composition and distribution of the population of the area; d the communications, transport system and traffic of the area; e any other considerations which may be expected to affect those matters; f such other matters as may be prescribed or as the Secretary of State (in a particular case) may direct. 3 The matters also include— a any changes which the authority think may occur in relation to any other matter; b the effect such changes are likely to have on the development of the authority’s area or on the planning of such development. 4 The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority. 5 In exercising a function under subsection (4) a local planning authority must consult with the local planning authority for the neighbouring area in question. 6 If a neighbouring area is in Wales references to the local planning authority for that area must be construed in accordance with Part 6. Survey of area: minerals and waste planning authorities and county councils 14 1 A minerals and waste planning authority must keep under review the matters which may be expected to affect minerals and waste development in the relevant area or the planning of such development. 2 Subsections (2) to (5) of section 13 apply for the purposes of subsection (1) as they apply for the purposes of that section and— a references to the local planning authority must be construed as references to the minerals and waste planning authority, b references to the area of the local planning authority must be construed as references to the relevant area, and c references to the local planning authority for a neighbouring area must be construed as references to— i in the case of a neighbouring area in England, the minerals and waste planning authority for that area, or ii in the case of a neighbouring area in Wales, the local planning authority for that area for the purposes of Part 6. 3 The Secretary of State may by regulations require or (in a particular case) may direct a county council to keep under review in relation to their area such of the matters mentioned in section 13(1) to (4) as the Secretary of State prescribes or directs (as the case may be). 4 For the purposes of subsection (3)— a it is immaterial whether the matter relates to minerals and waste development; b if a matter which is prescribed or in respect of which the Secretary of State gives a direction falls within section 13(4) the county council must consult the local planning authority for the area in question. 5 The county council must make available the results of their review under subsection (3) to such persons as the Secretary of State prescribes or directs (as the case may be). Register Register of land 14A 1 The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which— a is of a prescribed description, or b satisfies prescribed criteria. 2 The regulations may require the register to be kept in two or more parts. A reference to the register in the following subsections includes a reference to a prescribed part of the register. 3 The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which— a is of a prescribed description or satisfies prescribed criteria, and b is not required by the regulations to be entered in the register. 4 The regulations may— a require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register; b specify descriptions of land that are not to be entered in the register; c confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it; d require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so; e specify information to be included in the register; f make provision about revising the register. 5 The regulations may specify a description of land by reference to a description in national policies and advice. 6 The regulations may confer power on the Secretary of State to require a local planning authority— a to prepare or publish the register, or to bring the register up to date, by a specified date; b to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register. In this subsection “ specified ” means specified by the Secretary of State. 7 In exercising their functions under the regulations, a local planning authority must have regard to— a the development plan; b national policies and advice; c any guidance issued by the Secretary of State for the purposes of the regulations. 8 In this section “ national policies and advice ” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time). Development schemes Local development scheme 15 1 The local planning authority must prepare and maintain a scheme to be known as their local development scheme. 2 The scheme must specify— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aa the local development documents which are to be development plan documents; b the subject matter and geographical area to which each development plan document is to relate; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d which development plan documents (if any) are to be prepared jointly with one or more other local planning authorities; e 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 29; f the timetable for the preparation and revision of the development plan documents ; g such other matters as are prescribed. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may— a prepare a local development scheme for the authority, and b direct the authority to bring that scheme into effect. 4 The Secretary of State or the Mayor of London may direct the local planning authority to make such amendments to the scheme as he thinks appropriate for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area . 4A The Mayor of London— a may give a direction under subsection (3A) or (4) only if the local planning authority are a London borough, and b in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State. 5 A direction under subsection (3A) or (4) must contain the Secretary of State’s , or (as the case may be) the Mayor of London's, reasons for giving it. 6 The local planning authority must comply with a direction given under subsection (3A) or (4). In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E). 6A If at any time the Mayor of London gives a direction under subsection (3A) or (4)— a he must at that time send a copy of the direction to the Secretary of State, and b effect is not to be given to the direction until such time as may be prescribed. 6B The Secretary of State may, within such time as may be prescribed, direct the local planning authority— a to disregard a direction given under subsection (3A) or (4) by the Mayor of London, or b to give effect to the direction with such modifications as may be specified in the Secretary of State's direction. 6C Such a direction must contain the Secretary of State's reasons for giving it. 6D If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London. 6E The local planning authority must comply with any direction given by the Secretary of State under subsection (6B). 7 To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect. 8 The local planning authority must revise their local development scheme— a at such time as they consider appropriate; b when directed to do so by the Secretary of State or the Mayor of London . In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F). 8A The Mayor of London— a may give a direction under subsection (8) only if the local planning authority are a London borough, and b in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State. 8AA A direction may be given under subsection (8)(b) only if — a the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area. , or b the Secretary of State has published data standards under section 36(3) which apply to the local development scheme and the person giving the direction thinks that the scheme should be revised so that it complies with the standards. 8B If at any time the Mayor of London gives a direction under subsection (8)(b)— a he must at that time send a copy of the direction to the Secretary of State, and b the scheme is not to be revised until such time as may be prescribed. 8C The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London. 8D Such a direction must contain the Secretary of State's reasons for giving it. 8E If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London. 8F The local planning authority must comply with any direction given by the Secretary of State under subsection (8C). 9 Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme. 9A The local planning authority must make the following available to the public— a the up-to-date text of the scheme, b a copy of any amendments made to the scheme, and c up-to-date information showing the state of the authority's compliance (or non-compliance) with the timetable mentioned in subsection (2)(f). 10 Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction. Minerals and waste development scheme 16 1 A county council in respect of any part of their area for which there is a district council must prepare and maintain a scheme to be known as their minerals and waste development scheme. 2 Section 15 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals and waste development scheme as it applies in relation to a local development scheme. 3 This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose— a references to a local development scheme include references to a minerals and waste development scheme; b references to a local planning authority include references to a county council. 4 But subsection (3) does not apply to— a section 17(3); b section 24(1)(b), (4) and (7); c the references in section 24(5) to subsection (4) and the Mayor; d sections 29 to 31. 5 Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b). Plan timetables Local plan timetable 15B 1 Each local planning authority must prepare and maintain a document to be known as their “local plan timetable”. 2 The local plan timetable must specify— a the matters which the authority’s local plan for their area is to deal with, b the geographical area to which the authority’s local plan is to relate, c any supplementary plans which the authority are to prepare, d the subject matter and geographical area, site or sites to which each of those supplementary plans is to relate, e how the authority propose to comply with the requirement in section 15F(1) (requirement in relation to design code), f whether the authority’s local plan for their area is to be a joint local plan and, if so, each other local planning authority for whose area the joint local plan is to be their local plan, g whether the authority are to prepare a joint supplementary plan and, if so, each other local planning authority who are to prepare that joint supplementary plan with them, h 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 15J, and i a timetable for the preparation of the authority’s local plan for their area, and any supplementary plans the authority are to make, which is consistent with this Part and any regulations made under it. 3 If the local planning authority’s local plan for their area is to be a joint local plan, or the authority is to prepare one or more joint supplementary plans, the timetable for each joint plan, specified in the local plan timetable in accordance with subsection (2)(i), must be consistent with the timetable for that plan in the local plan timetable prepared by each other local planning authority who are to prepare that plan. 4 If the local planning authority are a minerals and waste planning authority, the local plan timetable may incorporate the authority’s minerals and waste plan timetable. 5 The Secretary of State may prescribe— a the form and content of the local plan timetable; b further matters which the local plan timetable must deal with. 6 If a local planning authori