Planning and Compulsory Purchase Act 2004

[F1 PART 1 E+W STATUS AND MEMBERSHIP

Textual Amendments

F1 Sch. 2A inserted (6.9.2015 for specified purposes, 5.10.2015 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 1 para. 1; S.I. 2015/1736, art. 2(b)

Status E+W

1 (1) A strategic planning panel is a body corporate. E+W

(2) The panel has the name specified in the regulations establishing it.

Membership E+W

2 (1) A strategic planning panel consists of local planning authority members and nominated members (see paragraphs 3 and 4). E+W

(2) The regulations establishing the panel must specify—

(a) the total number of members of the panel,

(b) the number of local planning authority members, and

(c) the number of nominated members.

(3) The number of local planning authority members of the panel—

(a) must be equal to or greater than the number of constituent local planning authorities, and

(b) must be two thirds of the total membership of the panel, rounded to the nearest whole number.

(4) The number of nominated members must be one third of the total membership of the panel, rounded to the nearest whole number.

(5) A person may not be a member of a strategic planning panel if the person is a member of the panel's staff.

Appointment of local planning authority members E+W

3 (1) Each local planning authority member of a strategic planning panel is to be appointed by a constituent local planning authority from among the authority's eligible members. E+W

(2) The regulations establishing the panel must specify the number of members to be appointed by each constituent local planning authority, and must ensure that at least one member is to be appointed by each authority.

(3) A constituent local planning authority, in relation to a strategic planning panel, is a local planning authority all or part of whose area is included in the panel's strategic planning area.

(4) In the case of a constituent local planning authority which is a county council or a county borough council, the eligible members are—

(a) each councillor representing an electoral division all of which is in the panel's strategic planning area, and

(b) any elected mayor or elected executive member within the meaning of Part 2 of the Local Government Act 2000 (see section 39(1) and (4) of that Act).

(5) In the case of a constituent local planning authority which is a National Park authority or a joint planning board, the eligible members are each member of that authority or board.

Appointment of nominated members E+W

4 (1) Each nominated member of a strategic planning panel is to be appointed by the panel, having been nominated in response to a request under this paragraph. E+W

(2) Before appointing a nominated member, a strategic planning panel must make a request for a nomination to a person chosen by the panel (“the nominating body”).

(3) If the nominating body fails to make a nomination, the panel must make a further request for a nomination to the same person or to another person (who becomes the nominating body for the purposes of this paragraph).

(4) If the nominating body nominates an individual for appointment to the strategic planning panel, the panel must appoint that individual as a a nominated member of the panel.

Composition of strategic planning panels: further provision E+W

5 (1) The Welsh Ministers may by regulations make further provision about the composition of strategic planning panels. E+W

(2) That provision may include (among other things) provision—

(a) about the gender balance of strategic planning panels;

(b) about steps to be taken by strategic planning panels and constituent local planning authorities with a view to securing compliance with requirements of the regulations relating to the composition of panels (“composition requirements”);

(c) for exceptions from composition requirements;

(d) about the effect of failure to comply with composition requirements;

(e) conferring powers on the Welsh Ministers in respect of such failure.

Terms and notice of appointments E+W

6 (1) The Welsh Ministers may publish standard terms of appointment for local planning authority members of strategic planning panels and for nominated members of panels. E+W

(2) The Welsh Ministers may amend any standard terms of appointment, and must publish the standard terms as amended.

(3) A member of a strategic planning panel must be appointed on the most recently published standard terms (if any) relevant to the appointment.

(4) A strategic planning panel must give the Welsh Ministers notice of each appointment made to the panel.

(5) Subject to the provisions of this Schedule, the members of a panel hold and vacate office in accordance with their terms of appointment.

Members' allowances E+W

7 (1) A strategic planning panel may pay allowances to its members in respect of expenses they incur in connection with the exercise of their functions. E+W

(2) A panel may not pay any other remuneration to its members.

(3) For provision about payments that a panel is required or authorised to make in respect of members' allowances, see Part 8 of the Local Government (Wales) Measure 2011.

Termination of membership E+W

8 (1) A member of a strategic planning panel may resign by giving notice to the panel. E+W

(2) A strategic planning panel may, by giving notice to a member of the panel, remove the member on any of the following grounds—

(a) that the member has been absent from meetings of the panel without its permission for at least 6 months,

(b) that the member has failed to comply with the member's terms of appointment, or

(c) that the member is otherwise unable or unfit to exercise the member's functions.

(3) A notice under sub-paragraph (2) must state the panel's reasons for removing the member.

(4) A strategic planning panel must send a copy of a notice given under this paragraph—

(a) to the Welsh Ministers, and

(b) in the case of a local planning authority member, to the constituent local planning authority that appointed the member.

Termination of membership: further provision about local planning authority members E+W

9 (1) A constituent local planning authority may at any time remove a local planning authority member of a strategic planning panel appointed by the authority. E+W

(2) If a person who is a local planning authority member of a strategic planning panel ceases to be an eligible member of the constituent local planning authority that appointed the person to the panel, the person ceases to be a member of the panel.

(3) In the case of a constituent local planning authority which is a county council or a county borough council, a person is not to be treated as ceasing to be a member of the authority by virtue of retiring under section 26 of the Local Government Act 1972 (elections of councillors in Wales) if the person is re-elected to the authority not later than the day the person retires.

(4) Where a person ceases to be a member of a strategic planning panel by virtue of this paragraph—

(a) the constituent local planning authority that appointed the person to the panel must give notice of that fact to the panel, and

(b) the panel must send a copy of the notice to the Welsh Ministers.

Chair and deputy chair E+W

10 (1) A strategic planning panel must appoint a chair and deputy chair from among its local planning authority members. E+W

(2) Neither appointment may be for a period of more than one year, but a chair or deputy chair may be re-appointed any number of times.

(3) A person may resign from the office of chair or deputy chair of a strategic planning panel by giving notice to the panel.

(4) A person ceases to be the chair or deputy chair of a panel if the person ceases to be a local planning authority member of the panel.]