A new-look development plan system

Parts 1 and 2 of the Act contain the measures which change the face of development plan-making in England, in the process consigning old-style structure plans to history.

Moving to the new plan-making regime will be a major challenge for LPAs and professional planners.

The new elements are:

• Each region will have a regional spatial strategy (RSS).
• Existing regional planning guidance (RPG) where appropriate will become the relevant RSS.
• Regional Planning Bodies (RPBs, which may be elected regional assemblies) must keep the RSS under review and monitor its implementation.
• The RPB will be expected to take advice from county councils and other bodies with strategic planning expertise about preparing draft revisions of RSS as well as their monitoring and implementation.
• The RPB must prepare a draft revision of the RSS when necessary or expedient or when proscribed.
• Housing allocations will be settled at this strategic level (as well as in sub-regional plans where these are felt to be appropriate).
• There will be public involvement in the preparation of the RSS.

Below the RSS level there will be a new-look local plan regime (this is not being mirrored in Wales).

LPAs will prepare so-called local development documents (LDDs). These will effectively replace local plans, unitary development plans and structure plans.

Each LPA must prepare and maintain a local development scheme. County councils where there is a district council (as opposed to a unitary authority) will have to prepare and maintain a minerals and waste development scheme.

These schemes will set out what LDDs the LPA will prepare, along with their timetable and whether they are to be prepared jointly with one or more other authorities.

County Councils may be losing structure plans but they will be able to participate in the preparation of LDDs concerning matters other than minerals or waste by becoming part of a joint committee with one or more LPA.

LDDs must be in general conformity with the RSS (or in the capital the spatial development strategy for London).

Part 2 of the Act, where all this is set out, makes general provision for the preparation, withdrawal, adoption and approval of LDDs and the examination of development plan documents.

The government has decided that the inspector’s decision after such public examinations will be binding at present inspector’s reports are only recommendations).

There will be a transitional phase as the new development plan regime shapes up.

Councils with recently approved and clearly up-to-date unitary and local plans will be able to argue a case with their Regional Offices that these plans do not need to be superseded by the new regime immediately.

Part 3 of the Act updates the definition of the development plan to take account of the changes to the planning system made by the Act. including the new formal requirement in the legislation that plan-makers have a duty to exercise their functions with a view to contributing to the achievement of sustainable development.