Levelling-up and Regeneration Act 2023

Planning and Compulsory Purchase Act 2004 (c. 5)

156 (1) Schedule A1 (default powers exercisable by Mayor of London, combined authority or county council) is amended as follows.

(2) In the heading, after “combined authority” insert “, combined county authority”.

(3) After paragraph 7 insert—

“Default powers exercisable by combined county authority

7ZA In this Schedule—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “constituent planning authority” in relation to a combined county authority, means—

  (a)

  a county council, metropolitan district council or non-metropolitan district council which is the local planning authority for an area within the area of the combined county authority, or

  (b)

  a joint committee established under section 29 whose area is within, or the same as, the area of the combined county authority.

7ZB If the Secretary of State—

(a) thinks that a constituent planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and

(b) invites the combined county authority to prepare or revise the document,

the combined county authority may prepare or revise (as the case may be) the development plan document.

7ZC(1) This paragraph applies where a development plan document is prepared or revised by a combined county authority under paragraph 7ZB.

(2) The combined county authority must hold an independent examination.

(3) The combined county authority—

(a) must publish the recommendations and reasons of the person appointed to hold the examination, and

(b) may also give directions to the constituent planning authority in relation to publication of those recommendations and reasons.

(4) The combined county authority may—

(a) approve the document, or approve it subject to specified modifications, as a local development document, or

(b) direct the constituent planning authority to consider adopting the document by resolution of the authority as a local development document.

7ZD(1) Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 7ZC(2)—

(a) with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the combined county authority, and

(b) with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b).

(2) The combined county authority must give reasons for anything they do in pursuance of paragraph 7ZB or 7ZC(4).

(3) The constituent planning authority must reimburse the combined county authority—

(a) for any expenditure that the combined county authority incur in connection with anything which is done by them under paragraph 7ZB and which the constituent planning authority failed or omitted to do as mentioned in that paragraph;

(b) for any expenditure that the combined county authority incur in connection with anything which is done by them under paragraph 7ZC(2).

(4) In the case of a joint local development document or a joint development plan document, the combined county authority may apportion liability for the expenditure on such basis as the authority considers just between the authorities for whom the document has been prepared.”

(4) In paragraph 8—

(a) in sub-paragraph (1), after paragraph (b) (but before the “or” at the end of that paragraph) insert—

“(ba) under paragraph 7ZB by a combined county authority,”;

(b) in sub-paragraph (2)(a)—

(i) after “6(4)(a)” insert “, 7ZC(4)(a)”;

(ii) after “the combined authority” insert “, the combined county authority”;

(c) in sub-paragraph (3)(a), after “the combined authority” insert “, the combined county authority”;

(d) in sub-paragraph (5), after “6(4)(a)” insert “, 7ZC(4)(a)”;

(e) in sub-paragraph (7)—

(i) in paragraph (b), after “6(4)(a)” insert “, 7ZC(4)(a)”;

(ii) in the words after paragraph (b), after “the combined authority” insert “, the combined county authority”.

(5) In paragraph 9(8), after “the combined authority” insert “, the combined county authority”.

(6) In paragraph 12, after “the combined authority” insert “, the combined county authority”.

(7) In paragraph 13(1), after “a combined authority” insert “, a combined county authority”.