The Town and Country Planning (Regional Planning Guidance as Revision of Regional Spatial Strategy) Order 2004

Statutory Instruments

2004 No. 2208

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (Regional Planning Guidance as Revision of Regional Spatial Strategy) Order 2004

Made

26th August 2004

Laid before Parliament

7th September 2004

Coming into force

28th September 2004

The First Secretary of State, thinking that steps taken in connection with the preparation of parts of regional planning guidance correspond to steps which must be taken under Part 1 of the Planning and Compulsory Purchase Act 2004(1) in connection with the preparation and publication of revisions of regional spatial strategies, in exercise of the powers conferred upon him by section 10(8) of the Act, hereby makes the following Order:

Citation, commencement and application

1.—(1) This Order may be cited as the Town and Country Planning (Regional Planning Guidance as Revision of Regional Spatial Strategy) Order 2004 and shall come into force on 28th September 2004.

(2) This Order applies in relation to England only.

Steps having effect as revisions of Regional Spatial Strategies

2.  The part of the regional planning guidance set out in the first column of the Schedule to this Order shall have effect as a revision of the regional spatial strategy specified in the corresponding entry in the second column of that Schedule.

Signed by authority of the First Secretary of State

Nick Raynsford

Minister of State

Office of the Deputy Prime Minister

26th August 2004

Article 2

SCHEDULE

Part of the Regional Planning Guidance	Steps Taken in the Preparation of a Revision of the Regional Spatial Strategy having effect as a Revision of the Regional Spatial Strategy (References to sections are references to sections of the Planning and Compulsory Purchase Act 2004.)
Development of initial detailed proposals, including different provisions for different parts of the region, for the revision of Regional Planning Guidance for the North East to 2016 (RPG 1, November 2002)	Preparation of a draft revision of the RSS for the North East Region, which once prepared must be published and submitted to the Secretary of State in accordance with section 5(8).
Publication by the Secretary of State of proposed changes to the draft selective revision of Regional Planning Guidance for the East Midlands to 2021 (RPG8, January 2002) (excluding such part of the Milton Keynes and South Midlands Sub-Regional Strategy that applies to the region) contained in the “Revised Regional Planning Guidance for the East Midlands to 2021 Draft Proposed Changes. Public Consultation Draft, July 2004” and accompanied by a statement of reasons	Publication by the Secretary of State of his proposed changes to the draft revision of the RSS for the East Midland Region and of his reasons (section 9(3)).
Secretary of State consideration of the Panel report of the public examination into the draft revisions of such parts of the following regional planning guidance as are affected by the Milton Keynes and South Midlands Sub-Regional Strategy and any representations not considered by the Panel: Regional Planning Guidance for the East Midlands to 2021 (PRG8, January 2002) Regional Planning Guidance for the South East(RPG9, March 2001) as revised in July 2004 by the Regional Transport Strategy (Chapter 9) and the Ashford Growth Area (Chapter 12) and excluding such part as relates to Greater London, Hertfordshire, Bedfordshire and Essex Regional Planning Guidance 14 for the East of England Draft Strategy, February 2004which are contained in the “Milton Keynes and South Midlands Sub Regional Strategy. Public Examination March/April 2004. Report of the Panel, August 2004.”	Consideration by the Secretary of State of the report by the person appointed to hold an examination of the draft revision of the RSS for the following regions and of representations not considered by the person appointed to hold the examination (section 9(2)) East Midlands South East East of England.
Decision by the Secretary of State to hold a public examination after the submission of the draft revision of the minerals and waste policies of Regional Planning Guidance for the South East (RPG9, March 2001), as revised in July 2004 by the Regional Transport Strategy (Chapter 9) and the Ashford Growth Area (Chapter 12) and excluding such part as relates to Greater London, Hertfordshire, Bedfordshire and Essex, which is contained in the “Proposed Alterations to Regional Planning Guidance, South East - Regional Waste Management Strategy, March 2004” and the “Proposed Alterations to Regional Planning Guidance, South East - Regional Minerals Strategy, March 2004.”	Decision by the Secretary of State to hold an examination in public of the draft revision of the RSS for the South East Region (section 7(3)).
Publication by the Secretary of State of proposed changes to the draft revision of Regional Planning Guidance for the South East (RPG9, March 2001) in relation to energy efficiency and renewable energy, tourism and related sport and recreation, which are contained in the “Proposed Changes to Regional Planning Guidance for the South East (RPG9). Energy Efficiency and Renewable Energy, Tourism and Related Sport and Recreation. Public Consultation July 2004” and accompanied by a statement of reasons.	Publication by the Secretary of State of his proposed changes to the draft revision of the RSS for the South East Region and of his reasons (section 9(3)).
Preparation of a draft revision of Regional Planning Guidance for the South East (RPG9, March 2001) (including such part of the Milton Keynes and South Midlands Sub-Regional Strategy that applies in the region) and notification of the Secretary of State of intention to do so by the regional assembly.	Preparation of a draft revision of the RSS for the South East Region and notification to the Secretary of State of the regional planning body’s intention to do so (section 5(1) and (2)).
Preparation of a draft revision of Regional Planning Guidance for the South West (RPG10, September 2001) and notification of the Secretary of State of intention to do so by the regional assembly.	Preparation of a draft revision of the RSS for the South West Region and notification to the Secretary of State of the regional planning body’s intention to do so (section 5(1) and (2)).
Publication by the Secretary of State of the proposed changes to the draft selective revision of Regional Planning Guidance for Yorkshire and the Humber to 2016 (RPG12, October 2001), which is contained in the “Proposed Changes to Draft Revised Regional Planning Guidance (RPG12) for Yorkshire and the Humber. Public Consultation Draft, July 2004” and accompanied by a statement of reasons.	Publication by the Secretary of State of his proposed changes to the draft revision of the RSS for the region of Yorkshire and the Humber and of his reasons (section 9(3)).
Preparation of a draft full revision of Regional Planning Guidance for Yorkshire and the Humber to 2016 (RPG12, October 2001) and notification to the Secretary of State of the intention to do so by the regional assembly.	Preparation of a draft revision of the RSS for the region of Yorkshire and the Humber and notification to the Secretary of State of the regional planning body’s intention to do so (section 5(1) and (2)).
Decision by the Secretary of State to hold a public examination after the submission of the draft partial revision of Regional Planning Guidance for the North West (RPG13, March 2003), which are contained in the “Partial Review of Regional Planning Guidance for the North West (RPG13). Submitted Draft Revised RPG, March 2004”.	Decision by the Secretary of State to hold an examination in public of the draft revision of the RSS for the North West Region (section 8(1)).
Development of the initial detailed proposals, including different provisions for different parts of the region, for the revision of Regional Planning Guidance (RPG14) for the East of England Draft Strategy (excluding such part of the Milton Keynes and South Midlands Sub-Regional Strategy that applies to the region).	Preparation of a draft revision of the RSS for the East of England Region (for publication and submission to the Secretary of State under section 5(8)).

Explanatory Note

(This note is not part of the Order)

Section 10(7) of the Planning and Compulsory Purchase Act 2004 (“the Act”) provides that section 10(8) of the Act shall apply if any step has been taken in connection with the preparation of any part of regional planning guidance and the Secretary of State thinks that the step corresponds to a step which must be taken under Part 1 of the Act in connection with the preparation and publication of a revision of the regional spatial strategy.

Article 2 of this Order provides that the part of the regional planning guidance set out in the first column of the Schedule to this Order shall have effect as a revision of the regional spatial strategy specified in the second column of that Schedule. The steps taken in the preparation of the regional planning guidance set out in the first column of the Schedule are to be taken as corresponding to the steps that must be taken in connection with the preparation and publication of a revision of the regional spatial strategy, set out in column 2 of the Schedule.

(1)

2004 c. 5. As to the Secretary of State, see section 12(4).