Explanatory note

(This note is not part of the Regulations)

Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the Act”), as amended by section 97 of, and Schedule 7 to, the Levelling-up and Regeneration Act 2023 (c. 55), establishes a system of local development planning in England. These Regulations make provision for the operation of that system.

Part 1 of these Regulations contains introductory provisions (regulation 1), key definitions (regulation 2) and provision regarding electronic communications (regulation 3).

Sections 15B to 15BB of the Act impose requirements in relation to the preparation of local plan timetables and minerals and waste plan timetables by local planning authorities and minerals and waste planning authorities respectively. Part 2 of these Regulations prescribes the form and content of these timetables and makes provision in relation to when these timetables must be revised or published, and directions which may be given by the Mayor of London under section 15B(6)(b) or (7) of the Act.

Part 2 of the Act makes provision in relation to local plans (to be prepared by local planning authorities), minerals and waste plans (to be prepared by minerals and waste planning authorities), supplementary plans (to be prepared by relevant plan-making authorities) and policies maps (to be prepared by local planning authorities). Section 15CB(8) of the Act sets out that Part 2 of the Act applies in relation to a minerals and waste plan as it applies in relation to a local plan, subject to the exceptions set out in section 15CB(10) and any modifications prescribed in regulations made under section 15CB(9) of the Act. The application of Part 2 of the Act in relation to minerals and waste plans has been modified by the Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations (S.I. 2026/170).

Part 3 of these Regulations prescribes the form and content of local plans, the documents which are or form part of a minerals and waste plan, and supplementary plans, and makes provision for additional matters which authorities must have regard to in preparing these types of plans.

Part 4 of these Regulations makes provision as to the procedure for the preparation of local plans. Part 5 of these Regulations makes equivalent provision as to the procedure for the preparation of documents which are to be or form part of a minerals and waste plan (“minerals and waste plan document”). The main steps in this procedure are—

(a)

publication of a notice of intention to commence local plan preparation or notice of intention to commence minerals and waste plan document preparation (regulation 19 or regulation 44 respectively),

(b)

the undertaking of a scoping consultation (regulation 20 or regulation 45 respectively),

(c)

preparation and publication of a self-assessment summary (regulation 21 or regulation 46 respectively),

(d)

publication of proposed local plan content and evidence or proposed minerals and waste plan document content and evidence for consultation, and consideration of any representations made (regulation 23 or regulation 48 respectively),

(e)

seeking observations and advice on matters including any proposed local plan content and evidence or proposed minerals and waste plan content and evidence, preparing a plan or document which it would be reasonable for an examiner to conclude is sound in the course of an independent examination under section 15D(1) of the Act, and the authority’s progress towards complying with certain legal requirements (regulation 26 or regulation 51 respectively),

(f)

publication of the proposed local plan or proposed minerals and waste plan document for consultation and consideration of representations made (regulation 27 or regulation 52 respectively),

(g)

seeking observations and advice on whether the prescribed requirements are met in relation to the proposed local plan or proposed minerals and waste plan document (regulations 31 and 32 or regulations 56 and 57 respectively),

(h)

submission of the proposed local plan or proposed minerals and waste plan document and other documents, independent examination of the plan or document, and publication of the recommendations and reasons of the person appointed to examine the plan or document (regulations 34, 35 and 37 or regulations 59, 60 and 62 respectively), and

(i)

adoption of the local plan or minerals and waste plan document by the local planning authority or minerals and waste planning authority (regulation 39 or regulation 64 respectively).

Part 6 of these Regulations makes provision as to the procedure for the preparation of supplementary plans. The main steps in this procedure are—

(j)

publication of a notice of intention to commence supplementary plan preparation (regulation 68),

(k)

publication of the proposed supplementary plan for consultation, and consideration of any representations made (regulation 70),

(l)

submission of the proposed supplementary plan and other documents, independent examination of the supplementary plan, and publication of the recommendations and reasons of the person appointed to examine the supplementary plan (regulations 72 to 74), and

(m)

adoption of the supplementary plan by the relevant plan-making authority (regulation 76).

These Regulations also include provisions as to the withdrawal, revocation or revision of local plans (regulations 38, 40 and 41), minerals and waste plan documents (regulations 63, 65 and 66) and supplementary plans (regulations 75, 77 and 78).

Part 7 of these Regulations makes provision in relation to joint local plans, joint minerals and waste plan documents and joint supplementary plans, including withdrawal from such plans by authorities or the dissolution of a joint committee.

Section 15LD(1) of the Act requires local planning authorities to ensure that a policies map is prepared, and kept up to date. Part 8 of these Regulations makes provision in relation to the form and content of policies maps, when policies maps must be revised, and in relation to their publication.

Part 9 of these Regulations makes general provision as to what is meant by making documents available, the provision of copies of documents by local planning authorities, minerals and waste planning authorities or the Mayor of London, and permits those bodies to make a reasonable charge for a copy of a document (regulations 88 and 89).

Regulation 90 revokes the Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767). Part 10 of these Regulations and the Schedule also makes transitional provision in relation to commencing preparation of a local plan or a minerals and waste plan document under the provisions of the Act and these Regulations for the first time. It also prescribes certain minerals and waste documents for the purposes of section 25(b) of the Act. Copies of the document referred to in paragraph 3(c) of the Schedule are available online, as indicated in the footnotes to these Regulations. Hard copies can be obtained free of charge by writing to the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.

A Regulatory Impact Assessment under the Better Regulation Framework has not been produced for this instrument. The Regulatory Impact Assessment for the Levelling-up and Regeneration Act 2023 provides analysis of the primary legislative measures from which the measures set out in this instrument derive. Copies can be obtained at https://publications.parliament.uk/pa/bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessment.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF. The Annexes to that document can be obtained at https://publications.parliament.uk/pa/bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessmentAnnexes.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.