- Latest available (Revised)
- Point in Time (12/11/2009)
- Original (As enacted)
No versions valid at: 12/11/2009
Point in time view as at 12/11/2009. This version of this schedule contains provisions that are not valid for this point in time.
Local Democracy, Economic Development and Construction Act 2009, Schedule 5 is up to date with all changes known to be in force on or before 30 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 01/04/2010
Section 85
1E+WThe Town and Country Planning Act 1990 is amended as follows.
2(1)Section 83 (making of simplified planning zone schemes) is amended as follows.E+W
(2)In subsections (1A), (2B) and (4) (as inserted by section 42 of the Planning and Compulsory Purchase Act 2004 (c. 5)) for “regional spatial strategy” substitute “ regional strategy ”.
(3)After subsection (4) insert—
“(5)In this section and in Schedule 7 references to a regional strategy are to a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009”.
3(1)In Schedule 1 (local planning authorities: distribution of functions), paragraph 7 (as substituted by Schedule 6 to the Planning and Compulsory Purchase Act 2004) is amended as follows.E+W
(2)In sub-paragraph (2)(a), for “the RPB” substitute “ the responsible regional authorities ”.
(3)In sub-paragraph (3)—
(a)in paragraph (a), for “the RSS” substitute “ the regional strategy ”;
(b)in paragraph (b), for “the RPB has” substitute “ the responsible regional authorities have ”.
(4)In sub-paragraph (5)(a), for “the RPB gives” substitute “ the responsible regional authorities give ”.
(5)In sub-paragraph (7)(a), for “the RPB” substitute “ the responsible regional authorities ”.
(6)In sub-paragraph (9)(a)—
(a)for “the RSS” substitute “ the regional strategy ”;
(b)for “section 5(8) of the 2004 Act” substitute “ section 78(1) of the Local Democracy, Economic Development and Construction Act 2009 ”.
(7)For sub-paragraph (11) substitute—
“(11)In this paragraph “responsible regional authorities”, in relation to a regional strategy, has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009.”
4E+WIn Schedule 7 (simplified planning zones), in paragraph 12(1A)(a) (as substituted by section 49(6) of the Planning and Compulsory Purchase Act 2004) for “regional spatial strategy” substitute “ regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009 ”.
5E+WThe Regional Development Agencies Act 1998 is amended as follows.
6E+WIn section 7B (Secretary of State's functions in relation to London Development Agency strategy), for subsection (2) substitute—
“(2)The issues mentioned in subsection (1)(b) include issues relating to any one or more of the following—
(a)Greater London,
(b)any area of England outside Greater London, and
(c)any part of the United Kingdom outside England.”
7E+WOmit section 8 (regional consultation).
8E+WIn section 18 (regional accountability), omit subsections (1) and (1A).
9E+WThe Greater London Authority Act 1999 is amended as follows.
10E+WIn section 342 (matters to which Mayor to have regard), in subsection (1)(a) (as substituted by Schedule 7 to the Planning and Compulsory Purchase Act 2004 (c. 5)), for “regional spatial strategy” substitute “ regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009 ”.
11E+WIn Schedule 10 (Transport for London), in paragraph 2(3A), for “regional planning body”, substitute “ responsible regional authorities (within the meaning of Part 5 of the Local Democracy, Economic Development and Construction Act 2009) ”.
12E+WThe Planning and Compulsory Purchase Act 2004 is amended as follows.
13E+WOmit sections 1 to 12 (regional functions).
14E+WIn section 19 (preparation of local development documents), in subsections (2)(b) and (d), for “the RSS” substitute “ the regional strategy ”.
15(1)Section 24 (conformity with regional strategy) is amended as follows.E+W
(2)In subsection (1)(a), for “the RSS” substitute “ the regional strategy ”.
(3)Omit subsections (2) and (3).
(4)In subsection (5), for the words from “subsection (2)” to the end substitute “ subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy ”.
(5)Omit subsections (6), (8) and (9).
16E+WIn section 28 (joint local development documents), in subsection (4), for “the RSS”, in both places, substitute “ regional strategy ”.
17E+WIn section 37 (interpretation), for subsection (6) substitute—
“(6)Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.
(6A)“Responsible regional authorities” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.”
18(1)Section 39 (sustainable development) is amended as follows.E+W
(2)In subsection (1)—
(a)omit paragraph (a);
(b)in paragraph (b), after “Part 2” insert “ of this Act ”;
(c)in paragraph (c), after “Part 6” insert “ of this Act ”.
(3)In subsection (3), for “subsection (1)(a) and (b)” substitute “ subsection (1)(b) ”.
19(1)Section 113 (validity of strategies etc) is amended as follows.E+W
(2)In subsection (1)(a), for “the regional spatial strategy” substitute “ the regional strategy ”.
(3)In subsection (9), for paragraph (a) substitute—
“(a)Part 5 of the Local Democracy, Economic Development and Construction Act 2009 in the case of a revision of the regional strategy;”.
(4)In subsection (11), for paragraph (a) substitute—
“(a)for the purposes of a revision of the regional strategy, the date when the revision is published by the Secretary of State under Part 5 of Local Democracy, Economic Development and Construction Act 2009;”.
(5)After subsection (11) insert—
“(12)In this section references to a revision of the regional strategy include a revised strategy under section 79 of the Local Democracy, Economic Development and Construction Act 2009.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: