Legislation – The Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026

SCHEDULES

Schedule 1 PLAN MAKING SAVING AND TRANSITIONAL PROVISIONS

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Schedule 1PLAN MAKING SAVING AND TRANSITIONAL PROVISIONS

Regulation 4

Interpretation

1.

In this Schedule—

“adopted policies map” means a document of the description referred to in regulation 9 of the 2012 Regulations (form and content of the adopted policies map), as that provision had effect immediately before the commencement date;

“authority” means—

(a)

a local planning authority;

(b)

a minerals and waste planning authority;

“authority’s area” means—

(a)

in relation to a local planning authority, the area for which the authority are the local planning authority under section 15LF(11) of the PCPA 20044;

(b)

in relation to a minerals and waste planning authority, the area for which the authority are the minerals and waste planning authority under section 15LG(6) of the PCPA 20045;

“development plan” has the same meaning as in section 38 of the PCPA 20046;

“development plan document” has the same meaning as in section 37(3) of the PCPA 2004, as that provision had effect immediately before the commencement date, and includes a development plan document prepared jointly by two or more authorities in accordance with section 28 or 28A of the PCPA 2004, as those provisions had effect immediately before the commencement date7;

“local plan” means a local plan prepared in accordance with section 15C of the PCPA 2004 and includes a local plan prepared jointly by two or more local planning authorities under section 15I of the PCPA 20048;

“local planning authority” has the same meaning as in section 15LF of the PCPA 2004;

“local planning development plan document” means a development plan document which contains provision of a kind that could be included in a local plan on or after the commencement date;

“minerals and waste development plan document” means a development plan document which contains provision of a kind that could be included in a minerals and waste plan on or after the commencement date;

“minerals and waste plan” means a minerals and waste plan prepared in accordance with section 15CB of the PCPA 2004 and includes a minerals and waste plan prepared jointly by two or more minerals and waste planning authorities under section 15I as applied by section 15CB(8) of the PCPA 20049;

“minerals and waste planning authority” has the same meaning as in section 15LG of the PCPA 2004;

“regional strategy” means a regional strategy under
Part 5 of the
Local Democracy, Economic Development and Construction Act 200910;

“specified examination” means—

(a)

an examination under section 20(1) of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule, or

(b)

an examination under section 21(5)(b) or 27(3)(a) of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule;

“statement of community involvement” means a document prepared in accordance with section 18 of the PCPA 2004, as that provision had effect immediately before the commencement date;

“supplementary planning document” means any document of a description referred to in regulation 5(1)(a)(iii) or (b) of the 2012 Regulations (local development documents), as that provision had effect immediately before the commencement date, except an adopted policies map or a statement of community involvement;

“the TCPA 1990” means the
Town and Country Planning Act 199011.

Saved old local planning provisions and saved old miscellaneous provisions

2. (1)

The following provisions, as they had effect immediately before the commencement date (together, the “saved old local planning provisions”), continue to have effect for the purposes referred to in paragraphs 4, 5 and 6—

(a)

Part 2 of the PCPA 2004 (local development) except section 33A (duty to co-operate in relation to planning of sustainable development);

(b)

the saved old miscellaneous provisions;

(c)

any regulations made under Part 2 of the PCPA 2004, except regulation 4 of the 2012 Regulations, and subject to any amendments made to those regulations on or after the commencement date;

(d)

any regulations made under the saved old miscellaneous provisions, and subject to any amendments made to those regulations on or after the commencement date.

(2)

In sub-paragraphs (1)(b) and (d), the saved old miscellaneous provisions means—

(a)

sections 303A and 324 of, and Schedule 13 to, the TCPA 199012;

(b)

section 347 of the Greater London Authority Act 199913;

(c)

the Local Authorities (Functions and Responsibilities) (England) Regulations 200014;

(d)

Schedule 1A to the Commons Act 200615;

(e)

sections 1 and 2 of the Planning and Energy Act 200816;

(f)

the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 200817;

(g)

the Community Infrastructure Levy Regulations 201018;

(h)

the Local Authorities (Committee System) (England) Regulations 201219;

(i)

the Greater Manchester Combined Authority (Functions and Amendment) Order 201620;

(j)

the West of England Combined Authority Order 201721;

(k)

the Tees Valley Combined Authority (Functions) Order 201722;

(l)

the Liverpool City Region Combined Authority (Functions and Amendment) Order 201723;

(m)

the West Midlands Combined Authority (Functions and Amendment) Order 201724;

(n)

the Greater Manchester Combined Authority (Functions and Amendment) Order 201725;

(o)

regulation 41 (nature conservation policy in planning contexts) of the Conservation of Habitats and Species Regulations 201726;

(p)

the Local Government (Boundary Changes) Regulations 201827;

(q)

the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 202028;

(r)

the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 202129;

(s)

the North East Mayoral Combined Authority (Establishment and Functions) Order 202430.

Saved old local development document provisions

3.

The following provisions, as they had effect immediately before the commencement date (together the “saved old local development document provisions”), continue to have effect for the purposes referred to in paragraphs 4(3) and 5(2)(a)—

(a)

sections 2A, 59A and 74 of the TCPA 199031;

(b)

section 346 of the Greater London Authority Act 199932.

Saving and transitional provisions for local planning authorities in relation to the development plan and development plan documents

4. (1)

For the purposes of an authority outside Greater London, in relation to which a regional strategy has effect as part of the development plan for an authority’s area immediately before the commencement date, under section 38 of the PCPA 2004, as it had effect immediately before the commencement date, the regional strategy continues to have effect as part of the development plan for the authority’s area on and after that date.

(2)

A local planning development plan document which has effect as part of the development plan for an authority’s area immediately before the commencement date, under section 38 of the PCPA 2004, as it had effect immediately before the commencement date, continues to have effect as part of the development plan for the authority’s area on and after that date.

(3)

Despite the commencement of Schedules 7 and 8 to the Act to the extent specified in regulations 2 and 3, the saved old local development document provisions continue to have effect, in relation to a local planning authority’s area, until the day on which a local plan is adopted or approved in relation to that area under Part 2 of the PCPA 2004, as amended by section 97 of, and Schedule 7 to, the Act.

(4)

On or after the commencement date, a local planning authority may continue to prepare and make arrangements for a specified examination in relation to a proposed local planning development plan document, provided that the document is submitted for examination or the specified examination is proposed to begin no later than 31st December 2026.

(5)

The Secretary of State may direct that for such a local planning development plan document as is specified in the direction, a date, which is later than the date specified in sub-paragraph (4), applies to that document.

(6)

The saved old local planning provisions continue to apply for the purposes of—

(a)

a local planning authority preparing a local planning development plan document to be submitted for examination in accordance with sub-paragraph (4) or (5);

(b)

a specified examination in accordance with sub-paragraph (4) or (5);

(c)

following a specified examination as referred to in paragraph (b), a local planning authority progressing a local planning development plan document to adoption under Part 2 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule;

(d)

the Secretary of State taking any action in relation to a local planning development plan document or proposed local planning development plan document to which this paragraph applies;

(e)

the monitoring of a local planning development plan document which has effect in accordance with this paragraph, under Part 2 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule.

(7)

Subject to sub-paragraph (8), a local planning development plan document adopted or approved in relation to an authority’s area on or after the commencement date, in accordance with the saved old local planning provisions, has effect as part of the development plan for the authority’s area from the date of its adoption or approval.

(8)

A local planning development plan document and a regional strategy, where one has effect for an authority’s area in accordance with sub-paragraph (1), cease to have effect as part of the development plan for an authority’s area on the date that a local plan for the authority’s area is adopted or approved under Part 2 of the PCPA 2004, as amended by section 97 of, and Schedule 7 to, the Act.

Saving and transitional provisions for minerals and waste planning authorities in relation to development plan documents

5. (1)

A minerals and waste development plan document which has effect as part of the development plan for an authority’s area immediately before the commencement date under section 38 of the PCPA 2004, as it had effect immediately before the commencement date, continues to have effect as part of the development plan for the authority’s area on and after that date.

(2)

Despite the commencement of Schedules 7 and 8 to the Act to the extent specified in regulations 2 and 3—

(a)

subject to paragraph (c), the saved old local development document provisions continue to have effect in relation to a mineral and waste planning authority’s area, until the day on which a document which is or forms part of the authority’s minerals and waste plan is adopted or approved in relation to that area under Part 2 of the PCPA 2004, as amended by section 97 of, and Schedule 7 to, the Act;

(b)

subject to paragraph (c), the saved old minerals and waste planning provisions continue to have effect in relation to a mineral and waste planning authority’s area, until the day on which a document which is or forms part of a minerals and waste plan for the authority’s area is submitted for examination in accordance with section 15D of the PCPA 200433 or the day on which the Secretary of State determines to hold an examination in relation to a document which is or forms part of the authority’s minerals and waste plan under section 15H(3)(b) or section 15HA(6)(a) of the PCPA 200434;

(c)

where a minerals and waste development plan document has effect as part of the development plan in accordance with paragraph 5(1) or 5(7), the saved old local development document provisions and the saved old minerals and waste planning provisions continue to apply to a minerals and waste planning authority’s area in so far as they relate to that document, until—

(i)

the document is revoked in accordance with section 25 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule, or

(ii)

the Secretary of State directs that paragraph 5(1) or 5(7) cease to have effect in relation to the document, in accordance with sub-paragraph (8).

(3)

In sub-paragraph (2), the saved old minerals and waste planning provisions means paragraph 7 of Schedule 1 to the TCPA 1990, as it had effect immediately before the commencement date35.

(4)

On or after the commencement date, a minerals and waste planning authority may continue to prepare and make arrangements for a specified examination in relation to a proposed minerals and waste development plan document, provided that the document is submitted for examination or the specified examination is proposed to begin no later than 31st December 2026.

(5)

The Secretary of State may direct that for such a minerals and waste development plan document as is specified in the direction, a date, which is later than the date specified in sub-paragraph (4), applies to that document.

(6)

The saved old local planning provisions continue to apply for the purposes of—

(a)

a minerals and waste planning authority preparing a minerals and waste development plan document to be submitted for examination in accordance with sub-paragraph (4) or (5);

(b)

a specified examination in accordance with sub-paragraph (4) or (5);

(c)

following a specified examination as referred to in paragraph (b), a minerals and waste planning authority progressing a minerals and waste development plan document to adoption under Part 2 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule;

(d)

a minerals and waste planning authority revoking a minerals and waste development plan document in accordance with section 25 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule;

(e)

the Secretary of State taking any action in relation to a minerals and waste development plan document or a proposed minerals and waste development plan document to which this paragraph applies;

(f)

the monitoring of a minerals and waste development plan document which has effect in accordance with this paragraph, under Part 2 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule.

(7)

A minerals and waste development plan document adopted or approved in relation to an authority’s area on or after the commencement date, in accordance with the saved old local planning provisions, has effect as part of the development plan for the authority’s area from the date of its adoption or approval.

(8)

The Secretary of State may direct that sub-paragraphs (1) and (7) cease to have effect on a date and to the extent specified in the direction in relation to—

(a)

a minerals and waste development plan document;

(b)

an authority.

Supplementary planning documents

6. (1)

A supplementary planning document which has effect for an authority’s area immediately before the commencement date, continues to have effect on and after that date.

(2)

On and after the commencement date, an authority may continue to prepare and make arrangements for the adoption of a proposed supplementary planning document, provided that the document is adopted no later than 30th June 2026.

(3)

The saved old local planning provisions continue to apply for the purposes of—

(a)

an authority preparing a supplementary planning document for adoption in accordance with sub-paragraph (2), under Part 2 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule;

(b)

the Secretary of State taking any action in relation to a supplementary planning document or a proposed supplementary planning document to which this paragraph applies;

(c)

the monitoring of a supplementary planning document which has effect in accordance with this paragraph, under Part 2 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule.

(4)

Subject to sub-paragraph (5), a supplementary planning document adopted in relation to an authority’s area on or after the commencement date, in accordance with the saved old local planning provisions, has effect for the authority’s area from the date of its adoption.

(5)

A supplementary planning document ceases to have effect when—

(a)

the document is revoked in accordance with section 25 of the PCPA 2004, as saved in accordance with paragraph 2(1) of this Schedule, or

(b)

the development plan document to which the supplementary planning document relates no longer has effect as part of the development plan for the authority’s area, in accordance with paragraph 4 or paragraph 5 of this Schedule.

(6)

For the purpose of sub-paragraph (5), the development plan document to which the supplementary planning document relates is the development plan document which contains the policy which is the subject of the supplementary planning document.

Proceedings under section 113 of the PCPA 2004

7.

Despite the amendments made to section 113 of the PCPA 2004 by paragraph 23 of Schedule 8 to the Act, any proceedings under section 113(1)(c) of the PCPA 2004 brought in relation to a development plan document to which this Schedule applies, continue in effect as if those amendments had not been made.