Article 5 Local development orders

In article 1(1) after the definition of “layout” as inserted by article 3 of this Order insert—

• ““listed building” has the same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990^f1 (listing of buildings of special architectural or historic interest;”.

After article 2A as inserted by article 4 of this Order insert—

“Local development orders

2B

(1)

Where a local planning authority propose to make a local development order they shall first prepare—

(a)

a draft of the order; and

(b)

a statement of their reasons for making the order.

(2)

The statement of reasons shall contain—

(a)

a description of the development which the order would permit;

(b)

a statement of the policies which the order would implement; and

(c)

a plan or statement identifying the land to which the order would relate.

(3)

Where a local planning authority have prepared a draft local development order, they shall consult, in accordance with paragraph (5), such of the following persons whose interests they consider would be affected by the order if made—

(a)

if the local planning authority is not a London borough council, the body recognised by direction of the Secretary of State under section 2(1) of the Planning and Compulsory Purchase Act 2004^f2 as the regional planning body for the region in which the local planning authority’s area is situated;

(b)

if the local planning authority is a London borough council, the Mayor of London;

(c)

a local planning authority, county council or parish council any part of whose area is in or adjoins the area of the local planning authority;

(d)

the Countryside Agency^f3;

(e)

the Environment Agency^f4;

(f)

the Historic Buildings and Monuments Commission for England^f5;

(g)

English Nature^f6;

(h)

the Strategic Rail Authority^f7;

(i)

the Highways Agency;

(j)

a Regional Development Agency^f8 whose area is in or adjoins the area of the local planning authority;

(k)

any person—

(i)

to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003^f9; and

(ii)

who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority;

(l)

any of the following persons who exercise functions in any part of the area of the local planning authority—

(i)

a Strategic Health Authority^f10;

(ii)

a person to whom a licence has been granted under section 6(1)(b) and (c) of the Electricity Act 1989^f11;

(iii)

a person to whom a licence has been granted under section 7(2) of the Gas Act 1986^f12;

(iv)

a sewerage undertaker;

(v)

a water undertaker;

(m)

voluntary bodies some or all of whose activities benefit any part of the local planning authority’s area;

(n)

bodies which represent the interests of different racial, ethnic or national groups in the local planning authority’s area;

(o)

bodies which represent the interests of different religious groups in the local planning authority’s area;

(p)

bodies which represent the interests of disabled persons in the local planning authority’s area;

(q)

bodies which represent the interests of persons carrying on business in the local planning authority’s area.

(4)

The local planning authority shall also consult any person with whom they would have been required to consult on an application for planning permission for the development proposed to be permitted by the order.

(5)

In consulting in accordance with paragraphs (3) and (4) the local planning authority shall—

(a)

send a copy of the draft order and the statement of reasons to the consultees;

(b)

specify a consultation period of not less than 28 days; and

(c)

take account of all representations received by them during the period specified.

(6)

A local planning authority shall, during any consultation under paragraphs (3) and (4)—

(a)

make a copy of the draft local development order and statement of reasons available for inspection—

(i)

at their principal office during normal working hours; and

(ii)

at such other places within their area as they consider appropriate;

(b)

publish on their website—

(i)

the draft local development order and the statement of reasons;

(ii)

a statement that those documents are available for inspection and the places where and times when they can be inspected;

(iii)

the date by which representations on the draft local development order must be received, which shall be not less than 28 days after the date of first publication on the website;

(c)

give notice by local advertisement of—

(i)

the draft local development order and the statement of reasons;

(ii)

the availability of those documents for inspection, and the places where and times when they can be inspected;

(iii)

the date by which representations on the draft local development order must be received, which shall be not less than 28 days from the date on which the notice was first published.

(7)

Where the draft local development order would grant planning permission for development specified in the order, the local planning authority shall also give notice of their proposal to make the order—

(a)

by displaying in at least one place on or near to the site to which the order relates a notice in the appropriate form set out in Schedule 2 to this Order or in a form substantially to the same effect, and, subject to paragraph (8), leaving the notice in position for 28 days beginning with the date on which it is first displayed; and

(b)

by serving a copy of that notice on every person whom the authority knows to be the owner or tenant of any part of the site whose name and address is known to the authority.

(8)

Where the notice referred to in paragraph (7)(a) is, without any fault or intention of the authority, removed, obscured or defaced before the period of 28 days has elapsed, the authority shall be treated as having complied with the requirements of that paragraph if they have taken reasonable steps for the protection of the notice, and, if necessary, its replacement.

(9)

Where any notice of the proposal has been—

(a)

published on the authority’s website or by local advertisement in accordance with paragraph (6);

(b)

given by site display under paragraph (7)(a); or

(c)

served on an owner of the land or a tenant under paragraph (7)(b),

a local planning authority shall, in considering what modifications should be made to the draft local development order or whether such an order should be adopted, take into account any representations made in relation to that order and received by the authority within the relevant time limit specified in paragraph (6), (7)(a) or (7)(b) as the case may be.

(10)

Where—

(a)

a local planning authority have complied with paragraphs (3) to (5) in relation to a draft local development order which would (if adopted) implement a policy in a development plan document (whether or not adopted), and

(b)

that policy is modified so that the local development order would no longer implement it,

the local planning authority may not adopt the local development order without first modifying it so as to ensure that it implements the modified policy.

(11)

Where a draft local development order is modified in accordance with paragraph (10), the local planning authority shall before taking any further step in connection with the adoption of the order consult in accordance with paragraphs (3) and (4) and publicise the draft in accordance with paragraphs (6) to (8).

(12)

A local planning authority shall send a copy of a draft local development order and the statement of reasons relating to that order, including any modifications made to the order or statement, to the Secretary of State at any time after they have complied with the requirements of paragraph (9).

(13)

Subject to paragraph (14), a local planning authority shall not take any further step in connection with the adoption of a local development order until either—

(a)

the Secretary of State has notified the authority in writing that he does not intend to make a direction under section 61B(1)^f13 of the Act; or

(b)

a period of 21 days has elapsed from the date on which the draft was sent to the Secretary of State, and the Secretary of State has neither notified the authority—

(i)

that he intends to make such a direction; or

(ii)

that he requires more time to reach his decision.

(14)

If the Secretary of State gives notice under paragraph (13)(b)(ii), the authority shall not take any further step in connection with the adoption of the order unless the Secretary of State gives notice under paragraph (13)(a).

(15)

A local development order must not be made so as to grant planning permission—

(a)

for development affecting a listed building;

(b)

for development which is Schedule 1 development within the meaning of regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999^f14; or

(c)

for development which—

(i)

is likely, for the purposes of the Conservation (Natural Habitats, &c.) Regulations 1994^f15, to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects); and

(ii)

is not directly connected with or necessary to the management of the site,

and for the purposes of this paragraph, “European site” has the same meaning as in regulation 10 of those Regulations.

(16)

Where a local planning authority revoke a local development order the authority shall—

(a)

publish on their website a statement that the local development order has been revoked;

(b)

give notice of the revocation by local advertisement; and

(c)

give written notice of the revocation to every person whom the local planning authority consulted under paragraphs (3) or (4) before the making of the order.

(17)

In this article a requirement to give notice by local advertisement is a requirement to publish the notice in as many newspapers as will secure that the press coverage (taken as a whole) extends to the whole of the area to which the local development order relates.”.

In article 25(1) (register of applications) for “article 26” substitute “articles 25A and 26”.

After article 25 insert—

“Register of Local Development Orders

25A

(1)

The register kept by each local planning register authority under article 25 shall include as Part III a Part relating to local development orders.

(2)

Part III of the register shall consist of two sections—

(a)

the first (“Section 1”) shall contain copies of draft local development orders which have been prepared but not adopted by the authority; and

(b)

the second (“Section 2”) shall contain—

(i)

copies of local development orders which have been adopted by the authority;

(ii)

particulars of the revocation of any local development order made by the authority, including the date on which the revocation took effect; and

(iii)

particulars of the revision of any local development order, including the date on which the revision took effect.

(3)

A copy of each draft local development order must be placed on the register when the draft is sent for consultation in accordance with article 2B(3) of this Order.

(4)

A copy of each local development order must be placed on the register within 14 days of the date of its adoption.

(5)

A requirement under this article to place a copy of a draft order or order on the register includes a requirement to do the same with the statement of reasons for making that order.”.