Housing and Regeneration Act 2008

Planning E+W

13 Power of Secretary of State to make designation orders E+W

(1) The Secretary of State may by order designate an area in England if the Secretary of State considers that—

(a) the area is suitable for development, and

(b) it is appropriate for the HCA to be the local planning authority for the whole or any part of the area—

(i) for particular permitted purposes, and

(ii) in relation to particular kinds of development.

(2) In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged.

(3) The Secretary of State must, before making a designation order—

(a) publish—

(i) a draft of the order, and

(ii) the Secretary of State's reasons for making the order, and

(b) consult the persons mentioned in subsection (4).

(4) The persons are—

(a) every local authority any part of whose area is intended to be included in the proposed designated area,

(b) any person, other than a local authority, who is the local planning authority for the proposed designated area or any part of it,

(c) such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and

(d) persons who reside or carry on business in the proposed designated area.

(5) In this Part—

• “designated area” means an area designated by a designation order,

• “designation order” means an order under this section,

• “local planning authority”, in relation to a designation order or proposed designation order, means—

  (a)

  so far as the order relates to permitted purposes under Part 2 [F1 or 3] of the Planning and Compulsory Purchase Act 2004 (c. 5), the local planning authority within the meaning of that Part of that Act, and

  (b)

  in any other case, the local planning authority within the meaning of Part 1 of the Town and Country Planning Act 1990 (c. 8),

• “permitted purposes” means any purposes of—

  (a)

  the Town and Country Planning Act 1990 (other than section 137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that Act),

  (b)

  the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and sections 82A to 82F and 88C, of that Act), and

  (c)

  Part 2 [F2 or 3] of the Planning and Compulsory Purchase Act 2004[F3 , and

  (d)

  Part 8 of the Planning Act 2008,]

and references to a designated area, in the case of an area whose boundaries have been amended by an order made under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30), are to be read as references to the designated area as so amended.

(6) In this section “local authority” means a county council in England, a district council, a London borough council or the Common Council of the City of London.

Textual Amendments

F1 Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(a); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2

F2 Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(b); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2

F3 Words in s. 13(5) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 65 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

Commencement Information

I1 S. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

14 Contents of designation orders E+W

(1) A designation order may contain provisions of the following kind.

(2) The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—

(a) for specified permitted purposes, and

(b) in relation to specified kinds of development.

(3) The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have—

(a) in relation to the whole or any part of the designated area, and

(b) subject to any specified modifications,

specified relevant functions conferred by or under specified planning-related provisions.

(4) An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.

(5) An order which makes provision of the kind mentioned in subsection (3)—

(a) may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,

(b) may make provision about the application to the HCA of enactments relating to the functions concerned.

(6) Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—

(a) is to apply to the HCA without modification,

(b) is to apply to it subject to specified modifications.

(7) In this section—

• “planning-related provisions” means—

  (a)

  Chapter 1 of Part 6 (other than section 137A), and sections 188 and 330, of the Town and Country Planning Act 1990 (c. 8),

  (b)

  sections 32 and 33 to 37, 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), and

  (c)

  the Planning (Hazardous Substances) Act 1990 (c. 10) (other than sections 30A to 31A and 36C of that Act),

• “relevant functions” means functions of—

  (a)

  a district council, a London borough council, the Common Council of the City of London, or any other body which is a local authority within the meaning of the Town and Country Planning Act 1990,

  (b)

  a district planning authority (within the meaning of that Act), or

  (c)

  a hazardous substances authority (within the meaning of the Planning (Hazardous Substances) Act 1990),

• “specified”, in relation to a designation order, means specified or described in the order.

Commencement Information

I2 S. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

15 HCA as local planning authority: local involvement E+W

(1) Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.

(2) The HCA must prepare and publish a statement of local involvement.

(3) The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.

(4) The persons are—

(a) every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and

(b) persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.

(5) The HCA must—

(a) keep the statement under review, and

(b) publish any revision of it.

(6) In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—

(a) the benefits that it might receive from their knowledge and experience, and

(b) the nature of the functions concerned.

(7) Subsection (8) applies where—

(a) the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,

(b) such a committee establishes a sub-committee for such a purpose, or

(c) a new or replacement member is to be appointed to such a committee or sub-committee.

(8) The HCA must—

(a) inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—

(i) the establishment of the committee or sub-committee concerned, or

(ii) (as the case may be) the proposed appointment, and

(b) invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.

(9) In this section “local authority” has the same meaning as in section 13.

Commencement Information

I3 S. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

F4 16 Regional planning E+W

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Textual Amendments

F4 S. 16 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(5), 148(5), Sch. 7 Pt. 4; S.I. 2009/3318, art. 4(ii)