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

PART 9AVAILABILITY OF DOCUMENTS

Availability of documents: general

49.—(1) This regulation does not apply to a document or revision which is made available or published under regulation 50.

(2) Copies, documents, representations, directions, matters, notices or statements which under these Regulations are–

(a)made available for inspection, or

(b)published on a website,

may be removed at the time specified in paragraph (3).

(3) The time mentioned in paragraph (2)–

(a)where the copies, documents, representations, directions, matters, notices or statements relate to an SPD or to the local planning authority’s statement of community involvement, is 3 months after the day on which the SPD or statement of community involvement is adopted;

(b)where the copies, documents, representations, directions, matters, notices or statements relate to a DPD, is the end of the period of six weeks referred to in section 113(4) (period for challenging the validity of relevant documents) that applies as regards the DPD concerned.

Availability of adopted or approved local development documents

50.—(1) Paragraph (2) applies where a local planning authority adopt, or the Secretary of State approves, an LDD.

(2) As soon as reasonably practicable after the document is adopted or approved the authority must–

(a)make a copy of the LDD available for inspection at their principal office during normal office hours;

(b)publish the LDD on their website.

(3) Paragraph (4) applies where a local planning authority adopt, or the Secretary of State approves, a revision of an LDD.

(4) As soon as reasonably practicable after the revision is adopted or approved the authority must incorporate the revision into the LDD made available for inspection and published under paragraph (2).

(5) Where the Secretary of State or a local planning authority revoke an LDD, within 2 weeks of the date on which the LDD was revoked the authority must–

(a)publish a statement of that fact on their website;

(b)remove the copy of the LDD made available for inspection and published under paragraph (2);

(c)take such other steps as they consider necessary to draw the revocation of the LDD to the attention of persons living or working in their area; and

(d)if the document is a DPD, give notice of the revocation of the LDD by local advertisement.

Copies of documents

51.—(1) Where–

(a)a person makes a document available for inspection under these Regulations,

(b)that document is not published pursuant to a requirement of Part 2 of the Act, and

(c)the person is asked by another person for a copy of that document,

the person first-mentioned must provide a copy of the document to that other person as soon as reasonably practicable after receipt of that other person’s request.

(2) Any person who provides a copy–

(a)under paragraph (1), or

(b)of a document published as required by or under Part 2 of the Act,

may make a reasonable charge for the copy.