Schedules
Schedule 5Regional strategy: amendments
Town and Country Planning Act 1990 (c. 8)
1
The Town and Country Planning Act 1990 is amended as follows.
2
1
Section 83 (making of simplified planning zone schemes) is amended as follows.
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.
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.
4
In 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
”
.
Regional Development Agencies Act 1998 (c. 45)
5
The Regional Development Agencies Act 1998 is amended as follows.
6
In 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.
7
Omit section 8 (regional consultation).
8
In section 18 (regional accountability), omit subsections (1) and (1A).
Greater London Authority Act 1999 (c. 29)
9
The Greater London Authority Act 1999 is amended as follows.
10
In 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
”
.
11
In 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)
”
.
Planning and Compulsory Purchase Act 2004 (c. 5)
12
The Planning and Compulsory Purchase Act 2004 is amended as follows.
13
Omit sections 1 to 12 (regional functions).
14
In 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.
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).
16
In section 28 (joint local development documents), in subsection (4), for “the RSS”, in both places, substitute “
regional strategy
”
.
17
In 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.
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.
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.