Section 23 Adoption of local development documentsF1I1
England and Wales
The local planning authority may adopt a local development document (other than a development plan document) either as originally prepared or as modified to take account of—
any representations made in relation to the document;
any other matter they think is relevant.
If the person appointed to carry out the independent examination of a development plan document recommends that it is adopted, the authority may adopt the document—
as it is, or
with modifications that (taken together) do not materially affect the policies set out in it.
Subsection (3) applies if the person appointed to carry out the independent examination of a development plan document—
recommends non-adoption, and
under section 20(7C) recommends modifications (“the main modifications”).
The authority may adopt the document—
with the main modifications, or
with the main modifications and additional modifications if the additional modifications (taken together) do not materially affect the policies that would be set out in the document if it was adopted with the main modifications but no other modifications.
The authority must not adopt a development plan document unless they do so in accordance with subsection (2) or (3).
A document is adopted for the purposes of this section if it is adopted by resolution of the authority.
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. 23(2)-(3) substituted for s. 23(2)(3) (15.1.2012) by Localism Act 2011 (c. 20), ss. 112(3), 240(1)(h) (with ss. 112(6), 144)
Commencement
- I1
S. 23 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)
Notes on Part 2
Modifications
- C1
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))
- 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)