SCHEDULE 1Spatial development strategy

Article 4

PART 1Modification of Part 8 of the 1999 Act

1

1

Part 8 of the 1999 Act (planning) is modified in accordance with the following provisions.

2

Part 8 of the 1999 Act shall have effect as if—

a

sections 344, 345 and 349 were omitted;

b

for every reference to—

i

“Greater London” there were a reference to “the Liverpool City Region”;

ii

“the Mayor” there were a reference to “the Combined Authority”, save for section 338(7);

iii

“he” there were a reference to “the Combined Authority”, save for section 337(6) (publication);

iv

“under section 343” there were substituted “relating to the Combined Authority under section 343”.

3

Section 334 of the 1999 Act (the spatial development strategy) shall have effect as if—

a

in subsection (3) for “his” there were substituted “its”;

b

for subsection (4) there were substituted—

4

The spatial development strategy must include statements dealing with the general spatial development aspects of such of the Combined Authority’s other policies or proposals as involve considerations of spatial development.

4

Section 335 of the 1999 Act (public participation) shall have effect as if—

a

in subsection (2)(a) for “his” there were substituted “its”;

b

subsection (3)(aa) were omitted;

c

in subsection (3)(b), for “London borough council” there were substituted “constituent council”;

d

in subsection (4), for the words after “include” to the end of the subsection there were substituted—

—

a

voluntary bodies some or all of whose activities benefit the whole or part of the Liverpool City Region;

b

bodies which represent the interests of different racial, ethnic or national groups in the Liverpool City Region;

c

bodies which represent the interests of different religious groups in the Liverpool City Region; and

d

bodies which represent the interests of different persons carrying on business in the Liverpool City Region.

5

Section 336 of the 1999 Act (withdrawal) shall have effect as if —

a

in subsection (3)—

i

paragraph (a) were omitted; and

ii

paragraph (b) were omitted.

6

Section 338(9) of the 1999 Act (examination in public) shall have effect as if for “Authority” there were substituted “Combined Authority”.

7

Section 339 (review of matters affecting the strategy) shall have effect as if in subsection (2) for “his” there were substituted “its”.

8

Section 342 of the 1999 Act (matters to which the Mayor is to have regard) shall have effect as if—

a

for subsection (1) there were substituted—

1

In exercising its functions under the preceding provisions of this Part, the Combined Authority shall have regard to—

a

the National Planning Policy Framework;

b

the effect that the proposed spatial development strategy or revision would have on—

i

the health of persons in the Liverpool City Region;

ii

health inequalities between persons living in the Liverpool City Region;

iii

the achievement of sustainable development in the United Kingdom;

iv

climate change and the consequences of climate change;

v

the need to ensure that the strategy is consistent with national policies and the EU obligations of the United Kingdom; and

c

such other matters as the Secretary of State may prescribe.

b

subsection (2) were omitted.

9

Section 347 of the 1999 Act (functional bodies to have regard to the strategy), shall have effect as if there were substituted—

Constituent councils to have regard to the strategy347

In exercising any function, each of the constituent councils and the Combined Authority shall have regard to the spatial development strategy, but this is without prejudice to section 24 of the Planning and Compulsory Purchase Act 2004 as modified by Part 2 of Schedule 1 to the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (which requires certain documents of a constituent council to be in general conformity with the strategy).

10

Section 348 of the 1999 Act (Mayor’s functions as to planning around Greater London) shall have effect as if—

a

in subsections (1), (2) and (3) for “his” there were substituted “its”;

b

in subsection (3), for “London borough councils” there were substituted “constituent councils”; and

c

in subsection (4), for “Authority” there were substituted “Combined Authority”.

11

Section 350 of the 1999 Act (interpretation of Part VIII) shall have effect as if —

a

the following definitions were inserted, in the appropriate places—

  • “constituent councils” means the councils for the local government areas of Halton, Knowsley, Liverpool, St Helens, Sefton, and Wirral;

  • “the Combined Authority” means the Liverpool City Region Combined Authority;

  • “the Liverpool City Region” means the area of the Combined Authority;

  • “Mayor of the Liverpool City Region” is the person elected to the position established by article 3 of the Halton, Knowsley, Liverpool, St Helens, Sefton, and Wirral Combined Authority (Election of Mayor) Order 2016;

b

subsection (2) were omitted.

PART 2Modification of the 2004 Act

2

1

The 2004 Act is modified in accordance with the following provisions.

2

Section 19 of the 2004 Act (preparation of local development documents), shall have effect as if for subsection (2)(c) there were substituted—

c

the spatial development strategy if the authority is a constituent council of the Combined Authority or if any of the authority’s area adjoins the Liverpool City Region;

3

In section 24 of the 2004 Act (conformity with regional strategy) shall have effect as if—

a

for subsection (1)(b) there were substituted—

b

the spatial development strategy if the authority is a constituent council of the Combined Authority.

b

after subsection (4) there were inserted—

4A

A local planning authority which is a constituent council of the Combined Authority—

a

must request the opinion in writing of the Combined Authority as to the general conformity of a development plan document with the spatial development strategy;

b

may request the opinion in writing of the Combined Authority as to the general conformity of any other local development document with the spatial development strategy.

c

after subsection (5) there were inserted—

5A

The Combined Authority may give an opinion as to the general conformity of a local development document with the spatial development strategy irrespective of whether a request is made under subsection (4A).

d

in subsection (7) for “Mayor” there were substituted “Mayor of the Liverpool City Region”.

4

Section 37 of the 2004 Act (interpretation) shall have effect as if after subsection (6A)76, there were inserted—

6B

In relation to the Combined Authority, in this section—

  • “constituent council” means one of the councils for the local government areas of Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral;

  • “the Combined Authority” means the Liverpool City Region Combined Authority established by the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014;

  • “Liverpool City Region” means the area of the Combined Authority as specified in article 3 of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014;

  • “Mayor of the Liverpool City Region” is the person elected to the position established by article 3 of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority (Election of Mayor) Order 2016; and

  • “spatial development strategy”, in relation to the Combined Authority, means a strategy established by the Combined Authority in exercise of powers under article 3 of the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017.

5

Section 38 of the 2004 Act (development plan) shall have effect as if—

a

after subsection (2) there were inserted—

2A

For the purposes of any area in the Liverpool City Region the development plan is–

a

the spatial development strategy;

b

the development plan documents (taken as a whole) which have been adopted or approved in relation to that area; and

c

the neighbourhood development plans which have been made in relation to that area.

b

after subsection (10) there were inserted—

11

In this section—

  • “the Combined Authority”means the Liverpool City Region Combined Authority established by the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014;

  • “the Liverpool City Region” is the area of the Combined Authority as specified in article 3 of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014; and

  • “spatial development strategy”, in relation to the Combined Authority, means a strategy established by the Combined Authority in exercise of powers under article 3 of the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017.

6

Section 113 of the 2004 Act (validity of strategies, plans and documents) shall have effect as if—

a

in subsection (1), after “the Mayor of London’s”, there were inserted “or the Combined Authority’s”;

b

in subsection (11)(e), after “the Mayor of London”, there were inserted “or the Combined Authority”;

c

after subsection (12), there were inserted—

13

In this section “the Combined Authority” meansthe Liverpool City Region Combined Authority established by the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014.