30Local development schemesE+W
(1)Section 15 of PCPA 2004 (local development schemes) is amended as follows.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In subsection (4) (power of Secretary of State to direct amendments to scheme) after “The Secretary of State” insert “ or the Mayor of London ”.
(5)After subsection (4) insert—
“(4A)The Mayor of London—
(a)may give a direction under subsection (4) only if the local planning authority are a London borough, and
(b)in considering whether to give such a direction, and which amendments to include in the direction, must have regard to any guidance issued by the Secretary of State.”.
(6)In subsection (5) (direction to contain reasons)—
(a)for “Such a direction” substitute “ A direction under subsection (4) ”,
(b)after “the Secretary of State's” insert “ , or (as the case may be) the Mayor of London's, ”.
(7)In subsection (6) (local planning authority to comply with direction) at the end insert— “ In the case of a direction given by the Mayor of London, this subsection is subject to subsections (6A) to (6E). ”.
(8)After subsection (6) insert—
“(6A)If at any time the Mayor of London gives a direction under subsection (4)—
(a)he must at that time send a copy of the direction to the Secretary of State, and
(b)the scheme is not to be brought into effect until such time as may be prescribed.
(6B)The Secretary of State may, within such time as may be prescribed, direct the local planning authority—
(a)to disregard a direction given under subsection (4) by the Mayor of London, or
(b)to give effect to the direction with such modifications as may be specified in the Secretary of State's direction.
(6C)Such a direction must contain the Secretary of State's reasons for giving it.
(6D)If at any time the Secretary of State gives a direction under subsection (6B), the Secretary of State must at that time send a copy of the direction to the Mayor of London.
(6E)The local planning authority must comply with any direction given by the Secretary of State under subsection (6B).”.
(9)In subsection (8)—
(a)in paragraph (b) (duty of authority to revise scheme when directed by Secretary of State) after “the Secretary of State” insert “ or the Mayor of London ”;
(b)at the end of the subsection insert— “ In the case of a direction given by the Mayor of London, paragraph (b) is subject to subsections (8B) to (8F). ”.
(10)After subsection (8) insert—
“(8A)The Mayor of London—
(a)may give a direction under subsection (8) only if the local planning authority are a London borough, and
(b)in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State.
(8B)If at any time the Mayor of London gives a direction under subsection (8)(b)—
(a)he must at that time send a copy of the direction to the Secretary of State, and
(b)the scheme is not to be revised until such time as may be prescribed.
(8C)The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London.
(8D)Such a direction must contain the Secretary of State's reasons for giving it.
(8E)If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London.
(8F)The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).”.
(11)After subsection (9) insert—
“(10)Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.”.
Textual Amendments
F1S. 30(2)(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(m), Sch. 25 Pt. 17
Commencement Information
I1S. 30 in force at 27.6.2008 by S.I. 2008/1372, art. 2 (with art. 3)