Search Legislation

Planning and Compulsory Purchase Act 2004

Status:

This is the original version (as it was originally enacted).

Part 3Development

Development plan

38Development plan

(1)A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2) to (5).

(2)For the purposes of any area in Greater London the development plan is—

(a)the spatial development strategy, and

(b)the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.

(3)For the purposes of any other area in England the development plan is—

(a)the regional spatial strategy for the region in which the area is situated, and

(b)the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.

(4)For the purposes of any area in Wales the development plan is the local development plan adopted or approved in relation to that area.

(5)If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document to be adopted, approved or published (as the case may be).

(6)If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.

(7)The enactments are—

(a)this Act;

(b)the planning Acts;

(c)any other enactment relating to town and country planning;

(d)the Land Compensation Act 1961 (c. 33);

(e)the Highways Act 1980 (c. 66).

(8)In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.

Sustainable development

39Sustainable development

(1)This section applies to any person who or body which exercises any function—

(a)under Part 1 in relation to a regional spatial strategy;

(b)under Part 2 in relation to local development documents;

(c)under Part 6 in relation to the Wales Spatial Plan or a local development plan.

(2)The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.

(3)For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by—

(a)the Secretary of State for the purposes of subsection (1)(a) and (b);

(b)the National Assembly for Wales for the purposes of subsection (1)(c).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources