2012 Local Planning Regs - SCI/LDS - Public forum - Planning Advisory Service (PAS)

Hi Gemma, We've just completed a consultation on a revised SCI based on Reg 26 of the 2004 Regs (as amended). Rather annoyingly, I now have to completely rewrite the document so that it conforms with the 2012 Regs. This is difficult based on the fact that there is no mention of the SCI or a need to consult on it. Subsequently I have had to revert back to the Planning and Compulsory Purchase Act 2004 (as amended) to justify it's existence. The Act still requires a Local Authority produce an LDS and SCI. However there does not appear to be guidance on the format of these documents any longer.

Details on the LDS is contained with Section 111 of the Localism Act and Section 15 of the PCPA - mostly in the PCPA. This includes what the LDS must include, what the LPA must do in preparing the LDS etc. Details on the SCI are within Section 18 of the PCPA. I am not sure if there is anything on the SCI in the Localism Act - it is not something I have had to check to date but may be worth looking. Hope this helps. Suzanne

Ignore my last sentence in respect of the LDS! Suzanne is correct in what she says.

Good to know the new system is so streamlined and efficient that we all need to have a knowledge of not just the PCPA, now the Localism Bill and regs...just think how much time and money would be freed up if CLG got its act together and provided a nice simple document! Anyway I would raise any questions direct with CLG - there is a contact in the regs. If they can't answer then there is a problem! Alex Turner at the Department for Communities and Local Government Tel: 0303 444 3818 or email: alex.turner@communities.gsi.gov.uk can answer any queries regarding the instrument.

Can some kind soul help with the sources of amendments to Section 15 of the 2004 Act? Sections 111 (4) and (6) of the Localism Act 2011 make reference to subsections 6A and 8A of Section 15 of the 2004 Act, but which legislation inserted 6A and 8A?

Andy, It was Section 30 of The Greater London Authority Act 2007. Hopefully the link below should take you there. http://www.legislation.gov.uk/ukpga/2007/24/section/30/prospective

Andrea, thank you, those summary notes are very helpful. I agree with Andrew, the whole business of cross referring between acts and regs is very inefficient. With the Localism Act changing lots of parts of the 1990, 2004, 2008 and 2009 Acts, it likely to take years (judging by past performance) for those Acts to be updated on the Legislation.gov website. I hope I am proved wrong, but even the (paid-for) Sweet and Maxwell update is only scheduled for July. If the government expects us to implement its new Acts swiftly and successfully the least it could do is publish updated Acts at the same time as the Act amending them is adopted. Regarding the Localism Act and the SCI, I have spotted that the 2004 Act has now been amended by the Localism Act, Schedule 12, "Neighbourhood Planning: Consequential Amendments": 28 In section 18 (statement of community involvement), after subsection (2) insert— “(2A) The reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).