Levelling-up and Regeneration Act 2023

Prospective

Planning and Compulsory Purchase Act 2004 U.K.

23 (1) Section 113 (validity of strategies, plans and documents) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (ba) insert—

“(bb) a local plan;

(bc) a minerals and waste plan;

(bd) a supplementary plan;”;

(b) omit paragraph (c);

(c) in paragraph (e), for “(c)” substitute “(bb), (bc), (bd)”;

(d) in paragraph (f), for “the Mayor of London’s” substitute “a”;

(e) in paragraph (g), for “the” substitute “a”.

(3) In subsection (9)—

(a) in paragraph (c), for “development plan document” substitute “local plan, minerals and waste plan or supplementary plan”;

(b) in paragraph (e), after “strategy” insert “for London”;

(c) after that paragraph insert—

“(f) in the case of a spatial development strategy adopted by a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or any alteration or replacement of it, whichever provisions of (or applied by) an order under that Act give the combined authority powers in relation to such a strategy;

(g) sections 15A to 15AF above, in the case of a joint spatial development strategy or any alteration of it.”

(4) In subsection (11)—

(a) in paragraph (c)—

(i) for “development plan document” substitute “local plan, minerals and waste plan or supplementary plan”;

(ii) for the words from “by the local” to the end substitute “or approved (as the case may be) under Part 2;”;

(b) in paragraph (e)—

(i) for “the”, in the second place it occurs, substitute “a”;

(ii) for “the Mayor of London publishes it” substitute “it becomes operative”.

(5) After subsection (12) insert—

“(13) In this section, “spatial development strategy”, “spatial development strategy for London” and “joint spatial development strategy” must be construed in accordance with section 15LH.”

Commencement Information

I1 Sch. 8 para. 23 not in force at Royal Assent, see s. 255(3)(b)