Planning and Compulsory Purchase Act 2004

5 RSS: revision E+W

(1) The RPB must prepare a draft revision of the RSS—

(a) when it appears to it necessary or expedient to do so;

(b) at such time as is prescribed;

(c) if it is directed to do so under section 10(1).

(2) But the RPB must give notice to the Secretary of State of its intention to prepare a draft revision under subsection (1)(a).

(3) In preparing a draft revision the RPB must have regard to—

(a) national policies and advice contained in guidance issued by the Secretary of State;

(b) the RSS for each adjoining region;

(c) the spatial development strategy if any part of its region adjoins Greater London;

(d) the Wales Spatial Plan if any part of its region adjoins Wales;

(e) the resources likely to be available for implementation of the RSS;

(f) the desirability of making different provision in relation to different parts of the region;

(g) such other matters as are prescribed.

(4) In preparing a draft revision the RPB must also—

(a) carry out an appraisal of the sustainability of the proposals in the draft, and

(b) prepare a report of the findings of the appraisal.

(5) If the RPB decides to make different provision for different parts of the region the detailed proposals for such different provision must first be made by an authority which falls within section 4(4).

(6) But if the RPB and the authority agree, the detailed proposals may first be made—

(a) by a district council which is not such an authority, or

(b) by the RPB.

(7) The Secretary of State may by regulations make provision as to—

(a) the subject matter of a draft revision prepared in pursuance of subsection (1)(b);

(b) any further documents which must be prepared by the RPB in connection with the preparation of a draft revision;

(c) the form and content of any draft, report or other document prepared under this section.

(8) When the RPB has prepared a draft revision, the report to be prepared under subsection (4)(b) and any other document to be prepared in pursuance of subsection (7)(b) it must—

(a) publish the draft revision, report and other document;

(b) submit them to the Secretary of State.

(9) But the RPB may withdraw a draft revision at any time before it submits the draft to the Secretary of State under subsection (8)(b).

Commencement Information

I1 S. 5 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2 S. 5 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(a)