Local Democracy, Economic Development and Construction Act 2009

Section 85

Schedule 5 E+W Regional strategy: amendments

Town and Country Planning Act 1990 (c. 8) E+W

1 E+W The Town and Country Planning Act 1990 is amended as follows.

Commencement Information

I1 Sch. 5 para. 1 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

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”.

Commencement Information

I2 Sch. 5 para. 2 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

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.”

Commencement Information

I3 Sch. 5 para. 3 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

4 E+W 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 ”.

Commencement Information

I4 Sch. 5 para. 4 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

Regional Development Agencies Act 1998 (c. 45) E+W

5 E+W The Regional Development Agencies Act 1998 is amended as follows.

Commencement Information

I5 Sch. 5 para. 5 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

F1 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 5 para. 6 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

7 E+W Omit section 8 (regional consultation).

Commencement Information

I6 Sch. 5 para. 7 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

8 E+W In section 18 (regional accountability), omit subsections (1) and (1A).

Commencement Information

I7 Sch. 5 para. 8 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

Greater London Authority Act 1999 (c. 29) E+W

9 E+W The Greater London Authority Act 1999 is amended as follows.

Commencement Information

I8 Sch. 5 para. 9 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

10 E+W 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 ”.

Commencement Information

I9 Sch. 5 para. 10 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

11 E+W 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) ”.

Commencement Information

I10 Sch. 5 para. 11 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

Planning and Compulsory Purchase Act 2004 (c. 5) E+W

12 E+W The Planning and Compulsory Purchase Act 2004 is amended as follows.

Commencement Information

I11 Sch. 5 para. 12 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

13 E+W Omit sections 1 to 12 (regional functions).

Commencement Information

I12 Sch. 5 para. 13 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

14 E+W In section 19 (preparation of local development documents), in subsections (2)(b) and (d), for “the RSS” substitute “ the regional strategy ”.

Commencement Information

I13 Sch. 5 para. 14 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

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).

Commencement Information

I14 Sch. 5 para. 15 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

16 E+W In section 28 (joint local development documents), in subsection (4), for “the RSS”, in both places, substitute “ regional strategy ”.

Commencement Information

I15 Sch. 5 para. 16 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

17 E+W 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.”

Commencement Information

I16 Sch. 5 para. 17 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

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) ”.

Commencement Information

I17 Sch. 5 para. 18 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)

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.”

Commencement Information

I18 Sch. 5 para. 19 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)