The Town and Country Planning (Local Planning) (England) Regulations 2012

Changes proposed by the Secretary of State to a local plan E+W

4.—(1) Where the Secretary of State proposes to make a decision under section 21(9)(a) of the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under section 20 of the Act, the Secretary of State must notify the local planning authority of that fact and provide a document containing the proposed changes and the reasons for them.

[F1 (1A) Where the Secretary of State proposes to make a decision under paragraph 8(6) of Schedule A1 to the Act which proposes changes to the local plan which depart from the recommendations of the person appointed to carry out an independent examination under paragraph 2(2)[F2 , paragraph 6(2) or 7C(2) of Schedule A1 to the Act], the Secretary of State must notify the Mayor of London[F3 , the combined authority or the upper-tier county council] (as the case may be) of that fact and provide a document containing the proposed changes and the reasons for them.

(1B) Where the Mayor of London[F4 , the combined authority or the upper-tier county council] receives notice under sub-paragraph (1A), the Mayor of London[F4 , the combined authority or the upper-tier county council] (as the case may be) must provide the notice and document referred to under sub-paragraph (1A) to the local planning authority concerned.]

(2) As soon as reasonably practicable after receipt of notice under sub-paragraph (1) [F5 or (1B)] the local planning authority must—

(a) make copies of the proposed changes, the reasons and a statement of the matters in sub-paragraph (3) available in accordance with regulation 35;

(b) send copies of the proposed changes and the reasons to the bodies in sub-paragraph (4) and notify these bodies of the matters in sub-paragraph (3); and

(c) make available in accordance with regulation 35 details of where the proposed changes and the reasons are available for inspection and the places and times at which they can be inspected.

(3) The matters referred to in sub-paragraph (2) are—

(a) the date by which representations on the proposed changes must be made (being not less than 6 weeks from the date on which the local planning authority complies with sub-paragraph (2));

(b) the address to which representations must be sent; and

(c) a statement that any representations made may be accompanied by a request to be notified of the Secretary of State's decision under section 21(9)(a) of[F6 , or paragraph 8(6) of Schedule A1 to,] the Act.

(4) The bodies referred to in sub-paragraph (2)(b) are—

(a) each of the specific consultation bodies to the extent that the Secretary of State thinks the proposed changes affect the body; and

(b) such of the general consultation bodies as the Secretary of State considers appropriate.

Textual Amendments

F1 Sch. 1 para. 4(1A)(1B) inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(8)(a)

F2 Words in Sch. 1 para. 4(1A) substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(4)(a)

F3 Words in Sch. 1 para. 4(1A) substituted (15.1.2018) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(4)(b)

F4 Words in Sch. 1 para. 4(1B) substituted (15.1.2018) by virtue of The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 (S.I. 2017/1244), regs. 1(2), 10(4)(b)

F5 Words in Sch. 1 para. 4(2) inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(8)(b)

F6 Words in Sch. 1 para. 4(3) inserted (1.10.2016) by The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2016 (S.I. 2016/871), regs. 1(2), 9(7)