OpenLegislation

Section 38 Development planI1I2C1C2C3

England and Wales

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

(1)

A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections F1(2A) to (5).

F2(2A)

For the purposes of any area in England the development plan is—

(a)

each spatial development strategy that is operative in relation to that area,

(b)

each local plan which has effect in relation to that area,

(c)

each minerals and waste plan which has effect in relation to that area,

(d)

each supplementary plan which has effect in relation to that area,

(e)

each neighbourhood development plan which has been made in relation to that area, and

(f)

each policies map for that area.

F3(3A)

For the purposes of any area in England (but subject to subsection (3B)) a neighbourhood development plan which relates to that area also forms part of the development plan for that area if—

(a)

section 38A(4)(a) (approval by referendum) applies in relation to the neighbourhood development plan, but

(b)

the local planning authority to whom the proposal for the making of the plan has been made have not made the plan.

(3B)

The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.

(4)

For the purposes of any area in Wales the development plan is F4—.

(a)

the National Development Framework for Wales,

(F5b)

any strategic development plan for an area that includes all or part of that area, and

(c)

the local development plan for that area.

(5)

If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document F6to become part of the development plan.

(6)

If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.

(7)

The enactments F7mentioned in subsection (1) are—

(a)

this Act;

(b)

the planning Acts;

(c)

any other enactment relating to town and country planning;

(d)

the Land Compensation Act 1961 (c. 33);

(e)

the Highways Act 1980 (c. 66).

(8)

In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.

F8(9A)

In subsection (2A)—

(a)

“spatial development strategy”, “local plan”, “minerals and waste plan” and “supplementary plan” have the same meaning as in Part 2 (see, in particular, section 15LH), and

(b)

policies map must be construed in accordance with section 15LD.

F9(10)

Neighbourhood development plan must be construed in accordance with section 38A.

Annotations

Textual amendments

F1

Word in s. 38(1) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 92(2), 255(3)(b) (with s. 247); S.I. 2026/169, reg. 3(a) (with Sch. 1)

F2

S. 38(2A) substituted for s. 38(2)(3) (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 92(3), 255(3)(b) (with s. 247); S.I. 2026/169, reg. 3(a) (with Sch. 1)

F3

S. 38(3A)(3B) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 3, 46(1); S.I. 2017/767, reg. 2(b)

F4

S. 38(4)(a)-(c) substituted for words (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 9, 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F5

S. 38(4)(b) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 2

F6

Words in s. 38(5) substituted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(c); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F7

Words in s. 38(7) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 19 (with s. 247); S.I. 2026/169, reg. 3(f)(v) (with Sch. 1)

F8

S. 38(9A) substituted for s. 38(9) (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 92(4), 255(3)(b) (with s. 247); S.I. 2026/169, reg. 3(a) (with Sch. 1)

F9

S. 38(10) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 6(d); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Modifications

C1

S. 38 applied in part (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(5), Sch. 1 Pt. 2

C2

S. 38 applied (with modifications) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(5), Sch. 2 Pt. 2

C3

S. 38 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(5), Sch. 5 Pt. 2 (with art. 9)

Commencement

I1

S. 38 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(c)

I2

S. 38 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(a)