(4) Any person may make representations about a DPD made available under regulation 27 or that regulation as modified by paragraph (3)(a) but any such representations must—
(a) be made within the period which the local planning authority specify for the purposes of regulation 28(2) or this paragraph (as the case may be); and
(b) be sent to the address and, if the local planning authority think it appropriate to specify a person, the person, which the local planning authority specify for the purposes of regulation 28(2) or this paragraph (as the case may be).
(5) Nothing in paragraph (2)(e) requires a local planning authority to take any step mentioned in paragraph (3) if an equivalent step has been taken under regulation 27, 28 or 30 before receipt of the direction.
(6) Of the documents and statements which a local planning authority are required to send to the Secretary of State under paragraph (3)(b)—
(a) a copy of each must be sent in paper form;
(b) a copy of those mentioned in regulation 30(1)(a), (c) and (d), regulation 30(1)(e) (as modified by paragraph (3)(b) of this regulation), and paragraph (3)(b)(ii) of this regulation must be sent electronically; and
(c) if practicable, a copy of the others must be sent electronically.”.
(18) In regulation 41 (changes proposed by Secretary of State to a development plan document on call-in)—
(a) in paragraph (1) after “section 20” insert “or 21(5)(b)”; and
(b) in paragraph (2)(a)—
(i) for “pre-submission proposals” substitute “proposed submission”, and
(ii) for “regulation 26(a)” substitute “regulation 27(a)”.
(19) In regulation 43 (publication of recommendations of person appointed after call-in)——
(a) in paragraph (a)—
(i) for “pre-submission proposals” substitute “proposed submission”, and
(ii) for “regulation 26(a), and” substitute “regulation 27(a)”;
(b) in paragraph (b) for “website.” substitute “website; and”; and
(c) after paragraph (b) add the following paragraph—
“(c) give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.”.
(20) In regulation 44(a) (publicity following a decision by the Secretary of State under section 21(9)(a))—
(a) for “pre-submission proposals” substitute “proposed submission”; and
(b) for “regulation 26(a)” substitute “regulation 27(a)”.
(21) After regulation 44 insert the following regulation—
44A.—(1) This regulation applies where—
(a) the Secretary of State rejects a DPD under section 21(9)(a); or
(b) the Secretary of State rejects part of a DPD under section 21(9)(a) and the local planning authority decide not to proceed with the remainder.
(2) The local planning authority must, as soon as reasonably practicable after the end of the period specified in paragraph (3), remove from their website and from the places at which they were made available any copies, documents, matters and statements made available or published under regulation 27(a) or (b), 30(3)(a), (3)(b) or 34(2)(a).
(3) The period mentioned in paragraph (2) is—
(a) in the circumstances mentioned in paragraph (1)(a), three months after the date of the Secretary of State’s rejection of the DPD; or
(b) in the circumstances mentioned in paragraph (1)(b), three months after the date of the local planning authority’s decision.”.
(22) For regulation 45 (Secretary of State’s default power) substitute the following regulations—
45.—(1) Where the Secretary of State prepares a DPD under section 27 he must—
(a) comply with section 19(2) as if—
(i) the duty imposed on the local planning authority were imposed on the Secretary of State,
(ii) references in paragraphs (b) to (h) to the local planning authority (in whatever terms) were references to the local planning authority in question, and
(iii) paragraph (j) referred to the matters specified in regulation 15(1), treating references to the local planning authority as references to the local planning authority in question;
(b) comply, to the extent (if any) that he thinks appropriate, with section 19(3) as if the reference to the authority were a reference to the Secretary of State and the reference to their statement of community of involvement were a reference to the statement of community involvement of the local planning authority in question;
(c) comply with section 19(5) as if the reference to the local planning authority were a reference to the Secretary of State and as if the reference to each document were to the DPD;
(d) take the steps mentioned in paragraph (2);
(e) if the area of the local planning authority in question is in Greater London, request the Mayor of London for his opinion as to the general conformity of the DPD with the spatial development strategy; and
(f) if the area of the local planning authority in question is in a region other than Greater London, request the RPB (if any) for that region for its opinion as to the general conformity of the DPD with the RSS for the region.
(2) The Secretary of State must—
(a) comply with regulation 25 as if—
(i) references to a local planning authority (in whatever terms) were references to the Secretary of State,
(ii) in paragraph (3), for “their area” there were substituted “the area of the local planning authority in question”,
(iii) in the definitions of “general consultation bodies” and “specific consultation bodies” in regulation 2(1) the references to a local planning authority’s area (in whatever terms) were references to the area of the local planning authority in question, and
(iv) in regulation 2(1), there were inserted the following definition—
““the area of the local planning authority in question”, as regards a local planning authority in relation to which the Secretary of State is taking action under section 27, means that authority’s area;””;
(b) comply with regulation 27 as if—
(i) the reference to submitting a DPD to the Secretary of State under section 20 were a reference to holding an independent examination of the DPD under section 27(2) and the reference to the local planning authority were a reference to the Secretary of State,
(ii) the obligation in paragraph (a) were to make available for inspection the things in question, during normal office hours, at such places as the Secretary of State considers appropriate,
(iii) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question,
(iv) in the first definition of “proposed submission documents”, and in the definition of “statement of the representations procedure”, in regulation 24(2), for “which the local planning authority propose to submit to the Secretary of State” there were substituted “in respect of which the Secretary of State proposes to hold an independent examination”,
(v) in paragraph (a)(ii) of the first definition of “proposed submission documents” in regulation 24(2), for “adoption” there were substituted “approval”,
(vi) the report mentioned in paragraph (a)(iii) of that definition were the report prepared by the Secretary of State under paragraph (1)(c) of this regulation,
(vii) the reference to the local planning authority in paragraph (a)(v) of that definition were a reference to the Secretary of State,
(viii) in paragraph (c) of the definition of “statement of the representations procedure” in regulation 24(2), the reference to regulation 28(2) were a reference to paragraph (3) of this regulation,
(ix) in paragraph (d) of that definition, the reference to regulation 28(2) were a reference to paragraph (3) of this regulation, and
(x) in paragraph (f) of that definition, sub-paragraph (i) were omitted and the reference to the adoption of the DPD were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD;
(c) before he holds an independent examination of the DPD under section 27(2), comply with regulation 30(3)(a) to (e) as if—
(i) the document mentioned in regulation 30(1)(a) were the report prepared by the Secretary of State under paragraph (1)(c) of this regulation,
(ii) for regulation 30(1)(b) there were substituted “(b) if the approval of the DPD would result in changes to the adopted proposals map, a map showing those changes;”,
(iii) in regulation 30(1)(c), the reference to the local planning authority were a reference to the local planning authority in question,
(iv) in regulation 30(1)(d), the reference to the local planning authority were a reference to the Secretary of State,
(v) in regulation 30(1)(e) and (f), the reference to section 28(2) were a reference to paragraph (3) of this regulation,
(vi) in regulation 30(1)(g), the reference to the authority were a reference to the Secretary of State, and
(vii) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question; and
(d) if a person requests the opportunity to appear and be heard by the person carrying out the independent examination under section 27(2), comply with regulation 34(2) as if—
(i) the reference to the local planning authority were a reference to the Secretary of State,
(ii) the reference to regulation 28(2) were a reference to paragraph (3) of this regulation, and
(iii) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question.
(3) Any person may make representations about a DPD made available under regulation 27 as modified by paragraph (2)(b) but any such representations must—
(a) be made within the period which the Secretary of State specifies for the purposes of this paragraph; and
(b) be sent to the address and, if the Secretary of State thinks it appropriate to specify a person, the person, which he specifies for the purposes of this paragraph.
(4) Where the Secretary of State holds an independent examination under section 27(2) regulation 31 shall apply as if the reference to regulation 28(2) were a reference to paragraph (3) of this regulation.
(5) Regulations 41, 42 and 44 shall apply where the Secretary of State holds an independent examination under section 27(2) as if—
(a) references to the local planning authority were references to the Secretary of State;
(b) in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question;
(c) the reference in regulation 41(1) to section 20 or 21(5)(b) were a reference to section 27(2);
(d) the reference in regulation 41(3)(c) to the Secretary of State’s decision under section 21(9)(a) were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD;
(e) the reference in regulation 42(2) to complying with section 21(9)(a) were a reference to deciding whether to approve the DPD under section 27(4)(b); and
(f) the duties imposed by regulation 44 applied as soon as reasonably practicable after the Secretary of State decides whether or not to approve the DPD under section 27(4)(b), the reference in that regulation to section 21(9)(b) were a reference to section 27(5) and the reference to the Secretary of State’s decision under section 21(9)(a) were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD.
(6) This regulation applies to the revision of a DPD by the Secretary of State as it applies to the preparation of a DPD by the Secretary of State.
(7) In this regulation “the local planning authority in question” means the local planning authority in relation to which the Secretary of State is taking action under section 27.
45A.—(1) The Secretary of State must make a request under regulation 45(1)(e) or (f) before he holds an independent examination under section 27(2) in relation to the DPD or the revision.
(2) Where the Secretary of State makes such a request, the RPB or the Mayor of London (as the case may be) must send its opinion to the Secretary of State within the period of six weeks starting on the day the request is made.
(3) The period which the Secretary of State specifies for the purpose of regulation 45(3) must be a period of not less than six weeks starting on the day on which notice given pursuant to paragraph (e) of regulation 27 is first published.
(4) The Secretary of State must comply with section 27(3)—
(a) at the same time as he complies with regulation 41; or
(b) if he does not propose to depart from the recommendations of the person appointed to carry out an examination of the DPD, as soon as reasonably practicable after he decides whether or not to approve the DPD or revision under section 27(4)(b).
(5) When the Secretary of State complies with regulation 27(3) he must—
(a) make the recommendation and the reasons of the person appointed to carry out the examination available for inspection during normal office hours at such places as he thinks appropriate;
(b) publish the recommendations and reasons on his website; and
(c) give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.”.
3.—(1) The amendments made by regulation 2(2) shall not apply in relation to a supplementary planning document adopted before 1st September 2008.
(2) The amendments made by regulation 2(2), (10) to (13) and (15) shall not apply in relation to a development plan document or statement of community involvement submitted to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004(9) before 1st September 2008.
(3) If a development plan document or statement of community involvement is submitted to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004 before 1st September 2008 and is withdrawn, regulation 37(2) of the 2004 Regulations (as originally made) shall apply in relation to that document or statement.
(4) Paragraph (5) applies if a local planning authority—
(a) comply with regulation 25 of the 2004 Regulations (as originally made) in relation to a development plan document or statement of community involvement before 27th June 2008;
(b) comply with regulation 26 of the 2004 Regulations (as originally made) in relation to that document or statement before 1st September 2008; and
(c) submit that document or statement to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004 on or after 1st September 2008.
(5) The local planning authority shall be treated as having complied—
(a) in the case of a development plan document, with regulation 25 as substituted by these Regulations; and
(b) in the case of a statement of community involvement, with regulation 26 as substituted by these Regulations.
(6) Where paragraph (5) applies—
(a) the local planning authority must consider any representations made in accordance with paragraph (2) of regulation 27 of the 2004 Regulations (as originally made) before they comply with regulation 27 as substituted by these Regulations;
(b) the references in regulations 27 and 30 of the 2004 Regulations (as amended) to specific consultation bodies or general consultation bodies invited to make representations under regulation 25(1) or regulation 26(1) shall be treated as references to specific consultation bodies or general consultation bodies consulted under regulation 25 of the 2004 Regulations as originally made;
(c) the references in regulation 30(1)(d) of the 2004 Regulations (as amended) to bodies and persons invited, and representations made, under regulation 25 or 26 shall be treated as references to bodies and persons invited, and representations made, under regulation 25 of the 2004 Regulations as originally made;
(d) regulation 37(1)(c) of the 2004 Regulations (as substituted by these Regulations) shall be treated as if it referred only to a body to whom notification was given under regulation 26(c) of the 2004 Regulations as originally made; and
(e) regulation 37(1)(d) of the 2004 Regulations (as substituted by these Regulations) shall have effect as if it also referred to anything made available or published under regulation 26(a) and (b) of the 2004 Regulations as originally made.
(7) For the purposes of regulations 25 and 26 as substituted by these Regulations, it is immaterial that any step required by either of those regulations was taken before the commencement of these Regulations.
(8) In this regulation—
(a) “supplementary planning document” has the same meaning as in the 2004 Regulations(10); and
(b) a reference to a supplementary planning document, development plan document or statement of community involvement includes a reference to a revision of such a
document or statement.
Signed by the authority of the Secretary of State
for Communities and Local Government
Caroline Flint
Minister of State
Department for Communities and Local Government
19th May 2008