Office of Public Sector Information
Section 40
In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—
1 (1) A local development order must be prepared in accordance with such procedure as is prescribed by a development order.
(2) A development order may include provision as to—
(a) the preparation, submission, approval, adoption, revision, revocation and withdrawal of a local development order;
(b) notice, publicity, and inspection by the public;
(c) consultation with and consideration of views of such persons and for such purposes as are prescribed;
(d) the making and consideration of representations.
(3) Regulations under this paragraph may include provision as to the matters relating to a local development order to be included in the report to be made by a local planning authority under section 35 or 76 of the Planning and Compulsory Purchase Act 2004.
2 (1) The local planning authority may at any time prepare a revision of a local development order.
(2) An authority in England must prepare a revision of a local development order—
(a) if the Secretary of State directs them to do so, and
(b) in accordance with such timetable as he directs.
(3) An authority in Wales must prepare a revision of a local development order—
(a) if the National Assembly for Wales directs them to do so, and
(b) in accordance with such timetable as it directs.
(4) If a development plan document mentioned in section 61A(1) is revised under section 26 of the Planning and Compulsory Purchase Act 2004 (revision of local planning documents) or revoked under section 25 of that Act (revocation by Secretary of State) a local development order made to implement the policies in the document must be revised accordingly.
(5) If a local development plan mentioned in section 61A(1) is revised under section 70 of the Planning and Compulsory Purchase Act 2004 (revision of local development plan) or revoked under section 68 of that Act (revocation by National Assembly for Wales) a local development order made to implement the policies in the plan must be revised accordingly.
(6) This Schedule applies to the revision of a local development order as it applies to the preparation of the order.
3 A local development order is of no effect unless it is adopted by resolution of the local planning authority.
4 (1) The report made under section 35 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes.
(2) The Secretary of State may prescribe the form and content of the report as it relates to the local development order.
5 (1) The report made under section 76 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes.
(2) The National Assembly for Wales may prescribe the form and content of the report as it relates to the local development order.”
Section 55
1 This Schedule applies to any decision which must be taken by the Secretary of State under—
(a) section 77 of the principal Act (reference of applications to Secretary of State);
(b) section 78 of the principal Act (right to appeal against planning decisions).
2 (1) This Schedule also applies to a decision not mentioned in paragraph 1 if each of the following two conditions applies.
(2) The first condition is that the Secretary of State thinks the decision is connected with a decision mentioned in paragraph 1.
(3) The second condition is that—
(a) the Secretary of State is required by virtue of any enactment to take the decision, or
(b) (in any case to which paragraph (a) does not apply) the Secretary of State by virtue of a power under any enactment directs that the decision must be referred to him.
3 But the Secretary of State may by order specify decisions or descriptions of decisions to which a timetable is not to apply.
4 (1) The Secretary of State must make one or more timetables for the purposes of decisions to which this Schedule applies.
(2) A timetable may make different provision for different decisions or different descriptions of decision.
(3) A timetable—
(a) has effect from such time as the Secretary of State determines;
(b) must set out the time within which the decision must be taken;
(c) may set out the time within which any other step to be taken for the purposes of the decision must be taken.
(4) A timetable made under this paragraph must be published in such form and manner as the Secretary of State thinks appropriate.
5 (1) The Secretary of State must notify the following persons as soon as practicable of the published timetable which applies to a decision—
(a) the applicant or appellant (as the case may be) in relation to the decision;
(b) the local planning authority for the area to which the decision relates;
(c) any other person who requests such notification.
(2) But the Secretary of State may direct that the timetable is subject to such variation as he specifies in the notice under sub-paragraph (1).
(3) If the Secretary of State acts under sub-paragraph (2) the notice under sub-paragraph (1) must also specify the reasons for the variation.
(4) The timetable notified under this paragraph is the applicable timetable.
6 (1) This paragraph applies if before the time at which any step must be taken in accordance with the applicable timetable the Secretary of State thinks that there are circumstances which are likely to prevent the taking of the step at that time.
(2) The Secretary of State may vary the applicable timetable accordingly.
(3) If the Secretary of State varies the applicable timetable under sub-paragraph (2) he must notify the persons mentioned in paragraph 5(1) of the variation and the reason for it.
7 If the Secretary of State fails to take any step in accordance with the applicable timetable (or that timetable as varied under paragraph 6) he must give written reasons to the persons mentioned in paragraph 5(1).
8 (1) The Secretary of State must lay before Parliament a report in respect of each year which—
(a) reviews his performance under the provisions of this Schedule;
(b) explains any failure to comply with a timetable.
(2) The report must be published in such form and manner as the Secretary of State thinks appropriate.
Planning and Compulsory Purchase Act 2004