Planning and Compulsory Purchase Act 2004

Development schemes

15Local development scheme

(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)the documents which are to be local development documents;

(b)the subject matter and geographical area to which each document is to relate;

(c)which documents are to be development plan documents;

(d)which 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 documents;

(g)such other matters as are prescribed.

(3)The local planning authority must —

(a)prepare the scheme in accordance with such other requirements as are prescribed;

(b)submit the scheme 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 scheme to the RPB or (if the authority are a London borough) to the Mayor of London.

(4)The Secretary of State may direct the local planning authority to make such amendments to the scheme as he thinks appropriate.

(5)Such a direction must contain the Secretary of State’s reasons for giving it.

(6)The local planning authority must comply with a direction given under subsection (4).

(7)The Secretary of State may make regulations as to the following matters—

(a)publicity about the scheme;

(b)making the scheme available for inspection by the public;

(c)requirements to be met for the purpose of bringing the scheme into 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.

(9)Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.

16Minerals and waste development scheme

(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.