Last amended by Act of Senedd Cymru (2026 asc 7) in 2026. Welsh planning consolidation legislation will omit Part 6 (Wales) and make consequential amendments; recorded as prospective (not yet in force) outstanding effects on legislation.gov.uk.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Planning and Compulsory Purchase Act 2004 restructured the development plan system that sits alongside the Town and Country Planning Act 1990. It replaced structure and local plans with local development documents prepared under a local development scheme (Part 2), subjected development plan documents to independent examination and a soundness test, imposed a duty to exercise plan-making functions with the objective of contributing to sustainable development (s.39), and restated the 'plan-led' principle: determinations under the planning Acts must be made in accordance with the development plan unless material considerations indicate otherwise (s.38(6)). It also created regional spatial strategies (Part 1, later abolished by the Localism Act 2011), made separate provision for Wales including local development plans (Part 6), reformed compulsory purchase and compensation (Part 8), and provided the six-week High Court challenge route for plans and strategies (s.113). The plan-making system in Part 2 is due to be replaced by the new framework inserted by the Levelling-up and Regeneration Act 2023 (new ss.15A–15LH and amendments to s.38), most of which had not been brought into force as at August 2026; Welsh legislation of 2026 will remove Part 6 into a consolidated Welsh planning code.
Key Points
- Plan-led principle: if regard is to be had to the development plan, determination must be made in accordance with the plan unless material considerations indicate otherwise (s.38(6))
- Defines the 'development plan' — in England, the adopted development plan documents (with the London Plan / spatial development strategies where applicable) plus made neighbourhood development plans (s.38)
- Local planning authorities must prepare local development documents under a local development scheme (ss.15, 17)
- Development plan documents must be submitted for independent examination by an inspector, testing soundness (s.20); adoption under s.23
- Duty to exercise plan-making functions with the objective of contributing to the achievement of sustainable development (s.39)
- Part 1 regional spatial strategies were abolished by the Localism Act 2011 (revocation completed by orders in 2013)
- Part 6 makes separate provision for Wales (local development plans); Part 7 dealt with Crown application of the planning Acts, including Scottish planning legislation
- Part 8 reformed compulsory purchase, including authorisation procedures (ss.99–100) and the 'basic loss payment' compensation regime
- Legal challenges to plans and strategies lie only under s.113 within six weeks
- The Levelling-up and Regeneration Act 2023 inserts a replacement plan-making system (ss.15A–15LH, s.38(5A)–(5C)) which was still largely not in force as at August 2026
Amendments History
2008 — Planning Act 2008
Amended the Part 2 plan-making regime (including sustainability appraisal and local development document procedures) alongside creating the separate nationally significant infrastructure projects regime.
2011 — Localism Act 2011
Abolished regional spatial strategies (Part 1) and introduced neighbourhood planning and the duty to co-operate; a number of consequential repeals to the 2004 Act made by the 2011 Act are still recorded as 'yet to be applied' on legislation.gov.uk.
2023 — Levelling-up and Regeneration Act 2023
Enacts a replacement plan-making framework (new ss.15A–15LH: local plan timetables, local plans, supplementary plans, gateway examinations) and amends s.38 (new subsections (5A)–(5C) and a substituted s.38(6) giving precedence rules involving national development management policies). These changes were still largely not in force as at August 2026.
2026 — Act of Senedd Cymru (2026 asc 7)
Welsh planning consolidation legislation will omit Part 6 (Wales) and make consequential amendments; recorded as prospective (not yet in force) outstanding effects on legislation.gov.uk.