OpenLegislation

Section 15 Local development schemeC4F1I1I2C1C2C3C5C6C7

England and Wales

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

(1)

The local planning authority must prepare and maintain a scheme to be known as their local development scheme.

(2)

The scheme must specify—

F2(a)

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

(F3aa)

the local development documents which are to be development plan documents;

(b)

the subject matter and geographical area to which each F4development plan document is to relate;

F5(c)

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

(d)

which F6development plan documents (if any) are to be prepared jointly with one or more other local planning authorities;

(e)

any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 29;

(f)

the timetable for the preparation and revision of the F7development plan documents;

(g)

such other matters as are prescribed.

F8(3)

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

(F93A)

If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may—

(a)

prepare a local development scheme for the authority, and

(b)

direct the authority to bring that scheme into effect.

(4)

The Secretary of State F10or the Mayor of London may direct the local planning authority to make such amendments to the scheme as he thinks appropriate F11for the purpose of ensuring F12full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area.

(F134A)

The Mayor of London—

(a)

may give a direction under subsection F14(3A) or (4) only if the local planning authority are a London borough, and

(b)

in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State.

(5)

F15A direction under subsection F16(3A) or (4) must contain the Secretary of State’s F17, or (as the case may be) the Mayor of London's, reasons for giving it.

(6)

The local planning authority must comply with a direction given under subsection F18(3A) or (4). F19In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E).

(F206A)

If at any time the Mayor of London gives a direction under subsection F21(3A) or (4)—

(a)

he must at that time send a copy of the direction to the Secretary of State, and

(b)

F22effect is not to be given to the direction until such time as may be prescribed.

(6B)

The Secretary of State may, within such time as may be prescribed, direct the local planning authority—

(a)

to disregard a direction given under subsection F23(3A) or (4) by the Mayor of London, or

(b)

to give effect to the direction with such modifications as may be specified in the Secretary of State's direction.

(6C)

Such a direction must contain the Secretary of State's reasons for giving it.

(6D)

If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(6E)

The local planning authority must comply with any direction given by the Secretary of State under subsection (6B).

(F247)

To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect.

(8)

The local planning authority must revise their local development scheme—

(a)

at such time as they consider appropriate;

(b)

when directed to do so by the Secretary of State F25or the Mayor of London. F26In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F).

(F278A)

The Mayor of London—

(a)

may give a direction under subsection (8) only if the local planning authority are a London borough, and

(b)

in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State.

(F288AA)

A direction may be given under subsection (8)(b) only if F29—

(a)

the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring F30full and effective coverage (both geographically and with regard to subject matter) of the authority's area by the development plan documents (taken as a whole) for that area.

F31, or

(b)

the Secretary of State has published data standards under section 36(3) which apply to the local development scheme and the person giving the direction thinks that the scheme should be revised so that it complies with the standards.

(8B)

If at any time the Mayor of London gives a direction under subsection (8)(b)—

(a)

he must at that time send a copy of the direction to the Secretary of State, and

(b)

the scheme is not to be revised until such time as may be prescribed.

(8C)

The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London.

(8D)

Such a direction must contain the Secretary of State's reasons for giving it.

(8E)

If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London.

(8F)

The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).

(9)

Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.

(F329A)

The local planning authority must make the following available to the public—

(a)

the up-to-date text of the scheme,

(b)

a copy of any amendments made to the scheme, and

(c)

up-to-date information showing the state of the authority's compliance (or non-compliance) with the timetable mentioned in subsection (2)(f).

(F3310)

Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.

Annotations

Textual amendments

F1

Ss. 15A-15LH and cross-headings substituted for ss. 15-37 and cross-heading (3.3.2026 for the purpose of making regulations only, excluding ss. 15A-15AI, 15K and 15LE(2)(a)(b)(c)(k)(l)(3); 25.3.2026 in so far as not already in force for the insertion of ss. 15B(1)(2)(a)(c)-(i)(3)-(12), 15BA-15C, 15CA(1)-(6)(a)-(g)(i)(7)(8), 15CB-15EA, 15G-15HA, 15HC-15JB, 15L-15LD, 15LE(1)(2)(d)-(j)(m)-(p)(3)(4), 15LF-15LG and 15LH (in part), otherwise prosp.) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 7 (with s. 247); S.I. 2026/169, regs. 2, 3(b) (with Schs. 1, 2) (as amended by S.I. 2026/333, regs. 1(2), 2)

F2

S. 15(2)(a) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(a), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F3

S. 15(2)(aa) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F4

Words in s. 15(2)(b) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(c), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F5

S. 15(2)(c) repealed (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(d), 241(8), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(e)(o), Sch. Pt. 1

F6

Words in s. 15(2)(d) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F7

Words in s. 15(2)(f) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(2)(e), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)

F8

S. 15(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(2), 240(1)(h), Sch. 25 Pt. 17 (with s. 144)

F9

S. 15(3A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(1), 216(3); S.I. 2016/733, reg. 3(c)

F10

Words in s. 15(4) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(4), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F11

Words in s. 15(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(3), 240(1)(h) (with s. 144)

F12

Words in s. 15(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F13

S. 15(4A) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(5), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F14

Words in s. 15(4A)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F15

Words in s. 15(5) substituted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F16

Words in s. 15(5) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F17

Words in s. 15(5) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(6)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F18

Words in s. 15(6) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F19

Words in s. 15(6) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(7), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F20

S. 15(6A)-(6E) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(8), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F21

Words in s. 15(6A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F22

Words in s. 15(6A)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(4), 240(1)(h) (with s. 144)

F23

Words in s. 15(6B)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(3), 216(3); S.I. 2016/733, reg. 3(c)

F24

S. 15(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(5), 240(1)(h) (with s. 144)

F25

Words in s. 15(8)(b) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(a), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F26

Words in s. 15(8) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(9)(b), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F27

S. 15(8A)-(8F) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(10), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

F28

S. 15(8AA) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(6), 240(1)(h) (with s. 144)

F29

Word in s. 15(8AA) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(4)(a), 46(1); S.I. 2017/767, reg. 2(c)

F30

Words in s. 15(8AA) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 143(2), 216(3); S.I. 2016/733, reg. 3(c)

F31

S. 15(8AA)(b) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(4)(b), 46(1); S.I. 2017/767, reg. 2(c)

F32

S. 15(9A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 111(7), 240(1)(h) (with s. 144)

F33

S. 15(10) inserted (23.10.2007 for specified purposes, 27.6.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(11), 59(4)(b); S.I. 2008/1372, art. 2 (with art. 3)

Modifications

C1

S. 15 applied (with modifications) (7.7.2005) by North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), arts. 1(2), 4(2)

C2

S. 15 applied (with modifications) (25.7.2008) by West Northamptonshire Joint Committee Order 2008 (S.I. 2008/1572), arts. 1, 4(2)

C3

S. 15 modified (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 22 (with regs. 1(2), 22(2))

C4

Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))

C5

S. 15 applied (with modifications) (1.7.2009) by Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), arts. 1, 4(2)

C6

S. 15 applied (with modifications) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 3 para. 12

C7

S. 15 applied (with modifications) (5.7.2011) by The South East Lincolnshire Joint Strategic Planning Committee Order 2011 (S.I. 2011/1455), arts. 1, 4(2)

Commencement

I1

S. 15 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2

S. 15 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

Notes on Part 2

Modifications

C2

Pt. 2 modified (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), 7

C3

Pt. 2 applied (25.3.2026) by The Town and Country Planning (Local Planning) (England) Regulations 2026 (S.I. 2026/186), regs. 1(2), 78(8) (with Sch.)

C4

Pt. 2 modified (16.4.2026) by S.I. 2026/170, reg. 7A (as inserted by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) (Amendment) Regulations 2026 (S.I. 2026/350), regs. 1(2), 2)