Section 111

In this Chapter— “the 1999 Act” means the Greater London Authority Act 1999 ; “the 2004 Planning Act” means the Planning and Compulsory Purchase Act 2004 ; “the 2005 Order” means the Planning and Compulsory Purchase Act 2004 (Commencement No. 3 and Consequential and Transitional Provisions) (Wales) Order 2005 ; “land use plan” means— the spatial development strategy under section 334 of the 1999 Act (the spatial development strategy); a joint spatial development strategy, local plan, document which is or forms part of a minerals and waste plan, supplementary plan or any revision of such a plan or document under Part 2 of the 2004 Planning Act (local development) ... ; a local development plan as provided for in Part 6 of the 2004 Planning Act (Wales); the Wales Spatial Plan under section 60 of the 2004 Planning Act (national development framework for Wales) ; an alteration or replacement of a structure plan, unitary development plan, local plan, minerals local plan, or waste local plan under Part 2 of the TCPA 1990 (development plans) to the extent permitted by Schedule 8 to the 2004 Planning Act (transitional provisions); or (in England) a neighbourhood development plan as defined in section 38A of the 2004 Planning Act (neighbourhood development plans) . “plan-making authority” means— the Mayor of London when exercising powers under section 341(1) or (2) of the 1999 Act (alteration or replacement) or section 15CC of the 2004 Planning Act (supplementary plans); an authority which, by virtue of Part 1 of the TCPA 1990 (planning authorities) ..., is a local planning authority; a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Planning Act; the Secretary of State when exercising powers under— ... section 19, section 35A(4) or section 45 of the TCPA 1990 (approval of a unitary development plan, calling in of proposal for approval by the Secretary of State, approval of proposals by the Secretary of State, respectively) to the extent permitted by Schedule 8 to the 2004 Planning Act; anyone exercising powers under section 15H, 15HA or 15HB of, or Schedule A1 to, the 2004 Planning Act; the Welsh Ministers when exercising powers under— section 60(3), section 65 or section 71(4) of the 2004 Planning Act (national development framework for Wales, intervention by Assembly, Assembly's default power, respectively); or section 19 of the TCPA 1990 to the extent permitted by article 4 of the 2005 Order; or (in England) the local planning authority when exercising powers under Schedule 4B to the TCPA 1990 (as applied by section 38A(3) of the 2004 Planning Act). References in this Chapter to giving effect to a land use plan are to— the approval, under section 21(9) or 27(4) of the 2004 Planning Act, of a local development document; the adoption, under section 23 of the 2004 Planning Act (adoption of local development documents), of a local development document other than a statement of community involvement under section 18 of that Act; the adoption of a joint spatial development strategy under section 15AD of the 2004 Planning Act or of an alteration of such a strategy under section 15AF of that Act; the adoption or approval of a local plan, document which is or forms part of a minerals and waste plan, supplementary plan or a revision of any such document or plan under Part 2 of the 2004 Planning Act; the publication, under section 341 of the 1999 Act, of alterations of the spatial development strategy or a new spatial development strategy to replace it; the publication, under section 60 of the 2004 Planning Act, of a revision of the Wales Spatial Plan; the adoption, under section 67 of the 2004 Planning Act (adoption of local development plan), of a local development plan; the approval, under section 65(9) or 71(4) of the 2004 Planning Act, of a local development plan; the adoption, under section 35(1) (adoption of proposals), or approval under section 35A(4) of the TCPA 1990, of an alteration or replacement of a structure plan to the extent permitted by paragraph 2(2) of Schedule 8 to the 2004 Planning Act; the adoption, under section 15 (adoption of unitary development plans by local planning authority) and that provision as applied by section 21(2) (alteration or replacement of unitary development plans) of the TCPA 1990, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4 of Schedule 8 to the 2004 Planning Act; the approval, under section 19 and that provision as applied by section 21(2) of the TCPA 1990, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4 of Schedule 8 to the 2004 Planning Act; the adoption, under section 43 (adoption of proposals) or approval under section 45 of the TCPA 1990, of an alteration or replacement of a local plan, minerals local plan or waste local plan to the extent permitted by paragraph 9, 10 or 14 of Schedule 8 to the 2004 Planning Act; the adoption, under section 15 of the TCPA 1990, of a unitary development plan to the extent permitted by article 4 of the 2005 Order; the approval, under section 19 of the TCPA 1990, of a unitary development plan to the extent permitted by article 4 of the 2005 Order; or (in England) the holding of a referendum in accordance with paragraph 12(4) of Schedule 4B to the TCPA 1990 (as applied by section 38A(3) of the 2004 Planning Act).

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Source: legislation.gov.uk · retrieved 2026-07-30