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Link to original content: http://www.legislation.gov.uk/id/ukpga/2004/5/section/37/2
Planning and Compulsory Purchase Act 2004, Section 37 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Local development scheme must be construed in accordance with section 15.
(2)Local development document must be construed in accordance with [F1sections 17 and 18(3)].
[F2(3)A development plan document is a local development document which is specified as a development plan document in the local development scheme.]
(4)Local planning authorities are—
(a)district councils;
(b)London borough councils;
(c)metropolitan district councils;
(d)county councils in relation to any area in England for which there is no district council;
(e)the Broads Authority.
(5)A National Park authority is the local planning authority for the whole of its area and subsection (4) must be construed subject to that.
[F3(5ZA)Subsection (4) must also be construed subject to any order under section 198(2) of the Localism Act 2011 so far as providing that a Mayoral development corporation is, as regards an area, to be the local planning authority for some or all of the purposes of this Part in relation to some or all kinds of development.
(5ZB)Where such an order makes such provision, that MDC is, in relation to the kinds of development concerned, the local planning authority for the area and purposes concerned in place of any authority who, in relation to those kinds of development, would otherwise be the local planning authority for that area and those purposes.]
[F4(5A)Subsection (4) must [F5additionally be construed, and subsection (5ZB) must be construed,] subject to any designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) providing that the Homes and Communities Agency is to be the local planning authority—
(a)for an area specified in the order, and
(b)for all purposes of this Part or any such purposes so specified.
(5B)Where such an order makes such provision, the Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.]
[F6(5C)Joint local development document must be construed in accordance with section 28(10).
(5D)Joint development plan document must be construed in accordance with section 28A(7).]
[F7(6)Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.
(6A) “ Responsible regional authorities ” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.]
(7)This section applies for the purposes of this Part.
Textual Amendments
F1Words in s. 37(2) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(6)(a), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)
F2S. 37(3) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 180(6)(b), 241(8) (with s. 226); S.I. 2009/400, art. 3(e)
F3S. 37(5ZA)(5ZB) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 56(2)
F4S. 37(5A)(5B) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 81; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F5Words in s. 37(5A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 56(3)
F6S. 37(5C)(5D) inserted (27.4.2017 for specified purposes, 16.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 9(8), 46(3); S.I. 2018/38, reg. 2(b)
F7S. 37(6)(6A) substituted for s. 37(6) (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 17; S.I. 2009/3318, art. 4(gg)
Modifications etc. (not altering text)
C1S. 37 applied in part (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(5), Sch. 1 Pt. 2
C2S. 37 applied (with modifications) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(5), Sch. 2 Pt. 2
C3S. 37 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(5), Sch. 5 Pt. 2 (with art. 9)
C4S. 37(2) modified by SI 2008/2867 reg. 19(2) (as inserted (E.) (11.3.2009) by Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/276), regs. 1(1), 14 (with reg. 1(2)))
C5S. 37(4) applied (temp. until 1.4.2006) (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 12
C6S. 37(4) continued (temp.) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 11
C7S. 37(5) excluded (temp. until 1.4.2006) (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 12
C8S. 37(5) excluded (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 11
Commencement Information
I1S. 37 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(b)
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