Part 4Development control
Simplified planning zones
45Simplified planning zones
1
In section 83 of the principal Act (making simplified planning zone schemes) subsection (1) is omitted.
2
Before section 83(2) of that Act there are inserted the following subsections—
1A
This section applies if—
a
the regional spatial strategy for the region in which the area of a local planning authority in England is situated identifies the need for a simplified planning zone in that area (or any part of it);
b
the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area (or any part of the area) of a local planning authority in Wales.
1B
The local planning authority must consider the question for which part or parts of their area a simplified planning zone scheme is desirable.
1C
The local planning authority must keep under review the question mentioned in subsection (1B).
3
For section 83(2) of that Act there are substituted the following subsections—
2
A local planning authority must make a simplified planning zone scheme for all or any part of their area—
a
if as a result of the consideration mentioned in subsection (1B) or the review mentioned in subsection (1C) they decide that it is desirable to do so;
b
if they are directed to do so by the Secretary of State or the National Assembly for Wales (as the case may be).
2A
A local planning authority may at any time—
a
alter a scheme adopted by them;
b
with the consent of the Secretary of State alter a scheme made or altered by him under paragraph 12 of Schedule 7 or approved by him under paragraph 11 of that Schedule;
c
with the consent of the National Assembly for Wales alter a scheme made or altered by it under paragraph 12 of Schedule 7 or approved by it under paragraph 11 of that Schedule.
2B
A simplified planning zone scheme for an area in England must be in conformity with the regional spatial strategy.
4
In section 83 of that Act after subsection (3) there is inserted the following subsection—
4
In this section and in Schedule 7—
a
a reference to the regional spatial strategy must be construed in relation to any area in Greater London as a reference to the spatial development strategy;
b
a reference to a region must be construed in relation to such an area as a reference to Greater London.
5
In section 85(1) of that Act (duration of simplified planning zone scheme) for the words from “period” to the end there is substituted “
specified period
”
.
6
After section 85(1) of that Act there is inserted the following subsection—
1A
The specified period is the period not exceeding 10 years—
a
beginning with the date when the scheme is adopted or approved, and
b
which is specified in the scheme.
7
In Schedule 7 of that Act in paragraph 2 (notification of proposal to make scheme) for “decide under section 83(2) to make or” there is substituted “
are required under section 83(2) to make or decide under section 83(2A) to
”
.
8
In Schedule 7 of that Act paragraphs 3 and 4 are omitted.
9
In Schedule 7 of that Act in paragraph 12 (default powers of Secretary of State) for sub-paragraph (1) there are substituted the following sub-paragraphs—
1
This paragraph applies if each of the following conditions is satisfied.
1A
The first condition is that—
a
the regional spatial strategy for the region in which the area of a local planning authority is situated identifies the need for a simplified planning zone in any part of their area, or
b
the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area of a local planning authority in Wales.
1B
The second condition is that the Secretary of State or the National Assembly for Wales (as the case may be) is satisfied after holding a local inquiry or other hearing that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or alteration of a scheme.
1C
The Secretary of State or the National Assembly for Wales (as the case may be) may make or alter the scheme.