Section 180 Local development documentsI1

(1)

PCPA 2004 is amended as follows.

(2)

In section 15(2) (matters which must be specified in local development scheme)—

(a)

omit paragraph (a);

(b)

before paragraph (b) insert—

“(aa)
the local development documents which are to be development plan documents;”;

(c)

in paragraph (b) for “document” substitute “ development plan document ”;

(d)

omit paragraph (c);

(e)

in paragraphs (d) and (f) for “documents” substitute “ development plan documents ”.

(3)

In section 17 (local development documents)—

(a)

omit subsections (1) and (2);

(b)

in subsection (3) for “The local development documents” substitute “ The local planning authority's local development documents ”;

(c)

in subsection (4) for the words before “in relation to development which is a county matter” substitute “ Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area ”;

(d)

in subsection (7), before paragraph (a) insert—

“(za)
which descriptions of documents are, or if prepared are, to be prepared as local development documents;”.

(4)

In section 18 (statements of community involvement)—

(a)

for subsection (3) substitute—

“(3)
For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document.
This is subject to section 17(8).”;

(b)

after subsection (3) insert—

“(3A)
The statement of community involvement must not be specified as a development plan document in the local development scheme.”;

(c)

omit subsections (4) to (6).

(5)

In section 19 (preparation of local development documents)—

(a)

in subsection (1) for “Local development documents” substitute “ Development plan documents ”;

(b)

in subsection (2) after “In preparing a” insert “ development plan document or any other ”;

(c)

in subsection (3) for “other local development documents” substitute “ local development documents (other than their statement of community involvement) ”;

(d)

in subsection (5) for “document” substitute “ development plan document ”.

(6)

In section 37 (interpretation of Part 2)—

(a)

in subsection (2) for “section 17” substitute “ sections 17 and 18(3) ”;

(b)

for subsection (3) substitute—

“(3)
A development plan document is a local development document which is specified as a development plan document in the local development scheme.”

(7)

In section 38 (development plan) after subsection (8) insert—

“(9)
Development plan document must be construed in accordance with section 37(3).”

Annotations

Commencement

I1: S. 180 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(e)