OpenLegislation

Regulation 26 PlansF11I1

England and Wales

F1(1)

Any of the following documents or plans adopted by a predecessor council, or approved under the 2004 Act, before the reorganisation date have effect on and after that date as if it had been adopted by the successor council, or approved for such part of its area as corresponds to the area to which the document or plan relates—

(a)

a document which is to be or form part of a minerals and waste plan;

(b)

a local development document;

(c)

a local plan;

(d)

a supplementary plan.

(2)

Nothing in paragraph (1) affects any power of the Secretary of State to revoke, or the successor council to revise, a document F2or plan to which paragraph (1) relates.

(3)

A successor council must adopt a F3local plan and the document or documents which are to form their minerals and waste plan under section 15EA of the 2004 Act to apply to the whole of its area within a period of five years starting with the reorganisation date.

(4)

On or after the reorganisation date and prior to F4adoption of a plan and adoption of a document or documents to apply to the whole of its area as required by paragraph (3) a successor council may revise or replace a document F5or plan referred to in paragraph (1) for a part of its area which was the area of a predecessor council.

(5)

In revising or replacing a document F6or plan in accordance with paragraph (4), a successor council may adopt, with or without modification, F7a document or plan which was prepared but not adopted by a predecessor council before the reorganisation date.

(6)

Where—

(a)

a predecessor council has not, before the reorganisation date, prepared or adopted a local development document under section 23 of the 2004 Act F8, a local plan, a supplementary plan or a document which is to be or form part of a minerals and waste plan under section 15EA of the 2004 Act; and

(b)

the successor council has not yet adopted such a document F9or plan for the whole of its area as required by paragraph (3),

the successor council may F10prepare and adopt such a document or a plan for the part of its area which was the area of the predecessor council.

Annotations

Textual amendments

F1

Reg. 26(1) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(b)

F2

Words in reg. 26(2) inserted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(c)

F3

Words in reg. 26(3) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(d)

F4

Words in reg. 26(4) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(e)(i)

F5

Words in reg. 26(4) inserted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(e)(ii)

F6

Words in reg. 26(5) inserted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(f)(i)

F7

Words in reg. 26(5) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(f)(ii)

F8

Words in reg. 26(6)(a) inserted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(g)(i)

F9

Words in reg. 26(6)(b) inserted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(g)(ii)

F10

Words in reg. 26(6) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(g)(iii)

F11

Reg. 26 heading substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 24(3)(a)

Commencement

I1

Reg. 26 in force at 26.11.2018, see reg. 1(1)