Version Superseded: 26/12/2023
Point in time view as at 28/06/2022.
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 08 March 2025. 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.
Section 85
1E+WThe Town and Country Planning Act 1990 is amended as follows.
Commencement Information
I1Sch. 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
I2Sch. 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
I3Sch. 5 para. 3 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
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 ”.
Commencement Information
I4Sch. 5 para. 4 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
5E+WThe Regional Development Agencies Act 1998 is amended as follows.
Commencement Information
I5Sch. 5 para. 5 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
F16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 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)
7E+WOmit section 8 (regional consultation).
Commencement Information
I6Sch. 5 para. 7 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
8E+WIn section 18 (regional accountability), omit subsections (1) and (1A).
Commencement Information
I7Sch. 5 para. 8 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
9E+WThe Greater London Authority Act 1999 is amended as follows.
Commencement Information
I8Sch. 5 para. 9 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
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 ”.
Commencement Information
I9Sch. 5 para. 10 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
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) ”.
Commencement Information
I10Sch. 5 para. 11 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
12E+WThe Planning and Compulsory Purchase Act 2004 is amended as follows.
Commencement Information
I11Sch. 5 para. 12 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
13E+WOmit sections 1 to 12 (regional functions).
Commencement Information
I12Sch. 5 para. 13 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
14E+WIn section 19 (preparation of local development documents), in subsections (2)(b) and (d), for “the RSS” substitute “ the regional strategy ”.
Commencement Information
I13Sch. 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
I14Sch. 5 para. 15 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
16E+WIn section 28 (joint local development documents), in subsection (4), for “the RSS”, in both places, substitute “ regional strategy ”.
Commencement Information
I15Sch. 5 para. 16 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
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.”
Commencement Information
I16Sch. 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
I17Sch. 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
I18Sch. 5 para. 19 in force at 1.4.2010 by S.I. 2009/3318, art. 4(gg)
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