OpenLegislation

Regulation 19 PlansF13I1

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 that council’s related planning successor, 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.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Nothing in paragraph (1) affects any power of the Secretary of State to revoke , or the related planning successor to revise a document F3or plan to which paragraph (1) relatesf1.

F4(4)

A single tier council must adopt a F5local 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.

(5)

On or after the reorganisation date and prior to F6adoption of a plan and adoption of a document or documents to apply to the whole of its area as required by paragraph (4) a single tier council may revise or replace a document F7or plan referred to in paragraph (1) for a part of its area which was the area of a predecessor council.

(6)

In revising or replacing a document F8or plan in accordance with paragraph (5), a single tier council may adopt, with or without modification, F9a document or plan which was prepared but not adopted by a predecessor council before the reorganisation date.

(7)

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 F10, a document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan under section 15EA of the 2004 Act; and

(b)

the single tier council has not yet adopted such a document F11or plan for the whole of its area as required by paragraph (4),

the single tier council may prepare and adopt such a document F12or plan for the part of its area which was the area of the predecessor council.

Annotations

Textual amendments

F1

Reg. 19(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), 10(3)(b)

F2

Reg. 19(2) omitted (5.9.2018) by virtue of The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(6)(a)

F3

Words in reg. 19(3) 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), 10(3)(c)

F4

Reg. 19(4)-(7) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(6)(b)

F5

Words in reg. 19(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), 10(3)(d)

F6

Words in reg. 19(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), 10(3)(e)(i)

F7

Words in reg. 19(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), 10(3)(e)(ii)

F8

Words in reg. 19(6) 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), 10(3)(f)(i)

F9

Words in reg. 19(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), 10(3)(f)(ii)

F10

Words in reg. 19(7)(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), 10(3)(g)(i)

F11

Words in reg. 19(7)(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), 10(3)(g)(ii)

F12

Words in reg. 19(7) 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), 10(3)(g)(iii)

F13

Reg. 19 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), 10(3)(a)

Commencement

I1

Reg. 19 in force at 28.11.2008, see reg. 1(1)

Footnotes

f1

See sections 25 and 26 of the 2004 Act.