OpenLegislation

Paragraph 1A F1

England and Wales

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

Land which is identified for the purposes of relevant public functions by a F2local plan, minerals and waste plan or supplementary pla for the area in which the land is situated F3or by a neighbourhood development plan for the area in which the land is situated.

Notes

(1)

Relevant public functions are—

(a)

the functions of a government department, local authority, National Park authority or statutory undertakers;

(b)

the establishment or running by a public telecommunications operator of a telecommunication system.

(F42)

For the purposes of this paragraph a local plan is a local plan, or revision of such a plan, which—

(a)

has been submitted for independent examination under Part 2 of the Planning and Compulsory Purchase Act 2004 (in this paragraph, “the 2004 Act”) and has not been withdrawn, or

(b)

has been adopted, approved or made for the purposes of that Part.

(2ZA)

For the purposes of this paragraph a minerals and waste plan is a document prepared to be or to form part of a minerals and waste plan, or a revision of such a document, which—

(a)

has been submitted for independent examination under Part 2 of the 2004 Act and has not been withdrawn, or

(b)

has been adopted, approved or made for the purposes of that Part.

(2ZB)

For the purposes of this paragraph a supplementary plan is a supplementary plan, or a revision of such a plan, which—

(a)

has been submitted for independent examination under Part 2 of the 2004 Act and has not been withdrawn, or

(b)

has been adopted, approved or made for the purposes of that Part.

(F52A)

For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 Act).

F6(3)

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

(F74)

In Notes (2) to (2ZB) the references to submission of a local plan, a supplementary plan, a document or a revision for independent examination under Part 2 of the 2004 Act are to be taken to include any case where an independent examination is held under that Part.

(F86)

Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.

Annotations

Textual amendments

F1

Sch. 13 para. 1A inserted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(3) (with s. 111); S.I. 2004/2202, art. 2 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 (with transitional provisions and savings in art. 3)

F2

Words in Sch. 13 para. 1A substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 12(a) (with s. 247); S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)

F3

Words in Sch. 13 para. 1A inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(a); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); 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)

F4

Sch. 13 para. 1A Notes (2)-(2ZB) substituted for Sch. 13 para. 1A Note (2) (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 12(b) (with s. 247); S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)

F5

Sch. 13 para. 1A Note (2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); 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)

F6

Sch. 13 para. 1A Note (3) omitted (25.3.2026) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 12(c) (with s. 247); S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)

F7

Sch. 13 para. 1A Note (4) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 12(d) (with s. 247); S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)

F8

Sch. 13 para. 1A Note (6) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(c); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); 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)