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Regulation 108 Co-ordination for land use plan prepared by more than one authority

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The following provisions apply where two or more local planning authorities F1prepare a relevant joint plan M1.

(2)

Nothing in paragraph (1) F2or (1A) of regulation 105 requires a local planning authority to assess any implications of a F3relevant joint plan which would be more appropriately assessed under that provision by another local planning authority.

(3)

The appropriate authority may issue guidance to local planning authorities for the purposes of regulation 105(1) F4or (1A) as to the circumstances in which a local planning authority may or should adopt the reasoning or conclusions of another local planning authority as to whether a F5relevant joint plan—

(a)

is likely to have a significant effect on a European site F6, a Ramsar site or a European offshore marine site; or

(b)

will adversely affect the integrity of a European site F7, a Ramsar site or a European offshore marine site.

(4)

The local planning authorities concerned must have regard to any such guidance.

(5)

In determining whether a F8relevant joint plan should be adopted under regulation 107, a local planning authority must seek and have regard to the views of the other local planning authorities concerned.

F9(6)

In this regulation “relevant joint plan” means—

(a)

a joint spatial development strategy, joint local plan or joint supplementary plan (within the meaning of Part 2 of the 2004 Planning Act),

(b)

a document which is or forms part of a joint minerals and waste plan under sections 15I and 15IA of that Act (as applied by section 15CB(8) of that Act), or

(c)

a joint local development plan under section 72 of that Act.

Annotations

Textual amendments

F1

Words in reg. 108(1) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(2) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

F2

Words in reg. 108(2) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 37(a) (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)

F3

Words in reg. 108(2) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(3) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

F4

Words in reg. 108(3) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 37(b) (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)

F5

Words in reg. 108(3) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(4) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

F6

Words in reg. 108(3)(a) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 37(c) (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)

F7

Words in reg. 108(3)(b) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 37(d) (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)

F8

Words in reg. 108(5) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(5) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

F9

Reg. 108(6) inserted (25.3.2026 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(6) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

Marginal citations

M1

Section 28 was amended by the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 5, paragraphs 12 and 16; and the Neighbourhood Planning Act 2017 (c. 20), section 9(1) and (5) to (7). It is prospectively amended by the Localism Act 2011 (c. 20), Schedule 8, paragraphs 7 and 11, and Schedule 25, Part 16, from a date to be appointed.

Notes on Part 6

Modifications

C1

Pt. 6: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 113, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)

C2

Pt. 6: power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))