Levelling-up and Regeneration Act 2023

Requirement to assist with plan making

100 Requirement to assist with certain plan making

In Part 3 of PCPA 2004 (development), after section 39 (sustainable development) insert—

“Assistance with certain parts of development plan etc

39A Power to require assistance with certain plan making

(1) Subsection (2) applies if a plan-making authority notifies a prescribed public body in writing that the authority requires the body, under this section, to assist the authority in relation to the preparation or revision of a relevant plan by the authority.

(2) The prescribed public body must do everything that the plan-making authority reasonably requires of the body to assist the authority in relation to the preparation or revision of the relevant plan.

(3) The Secretary of State may by regulations make provision as to—

(a) what a plan-making authority must, may or may not require a prescribed public body to do under subsection (2);

(b) the procedure to be followed in doing anything under this section;

(c) the determination of the time by or at which anything must be done under this section;

(d) the form and content of a notification under subsection (1) or of any other document or information provided under this section.

(4) A “plan-making authority” is a body which, or other person who, is to prepare or revise (whether acting alone or jointly) a relevant plan.

(5) Each of the following is a “relevant plan”—

(a) a local plan, a minerals and waste plan, a supplementary plan or policies map under Part 2;

(b) a spatial development strategy under Part 8 of the Greater London Authority Act 1999 or Part 2 of this Act;

(c) an infrastructure delivery strategy under Part 10A of the Planning Act 2008;

(d) a marine plan under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions.

(6) A “prescribed public body” is a body which, or other person who, is prescribed or of a prescribed description and certain of whose functions are of a public nature.

(7) References in this section to the preparation or revision of a relevant plan include any activities that could reasonably be considered to prepare the way for the preparation or revision of the plan.

(8) In this section—

• “the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009;

• “revision”, in relation to a relevant plan, includes any alteration, amendment, replacement or other modification (and related expressions are to be read accordingly).”