Planning and Compulsory Purchase Act 2004

Yn ddilys o 06/08/2004

24 Conformity with regional strategy E+W

(1) The local development documents must be in general conformity with—

(a) the RSS (if the area of the local planning authority is in a region other than London);

(b) the spatial development strategy (if the local planning authority are a London borough).

(2) A local planning authority whose area is in a region other than London—

(a) must request the opinion in writing of the RPB as to the general conformity of a development plan document with the RSS;

(b) may request the opinion in writing of the RPB as to the general conformity of any other local development document with the RSS.

(3) Not later than the end of the period prescribed for the purposes of this section the RPB must send its opinion to—

(a) the Secretary of State;

(b) the local planning authority.

(4) A local planning authority which are a London borough—

(a) must request the opinion in writing of the Mayor of London as to the general conformity of a development plan document with the spatial development strategy;

(b) may request the opinion in writing of the Mayor as to the general conformity of any other local development document with the spatial development strategy.

(5) Whether or not the local planning authority make a request mentioned in subsection (2) or (4) the RPB or the Mayor (as the case may be) may give an opinion as to the general conformity of a local development document with the RSS or the spatial development strategy (as the case may be).

(6) If in the opinion of the RPB a document is not in general conformity with the RSS the RPB must be taken to have made representations seeking a change to the document.

(7) If in the opinion of the Mayor a document is not in general conformity with the spatial development strategy the Mayor must be taken to have made representations seeking a change to the document.

(8) But the Secretary of State may in any case direct that subsection (6) must be ignored.

(9) If at any time no body is recognised as the RPB under section 2 the functions of the RPB under this section must be exercised by the Secretary of State and subsections (3)(a), (6) and (8) of this section must be ignored.