7.—(1) The places at which the combined authority is required by section 335(2)(b) of the GLA Act (public participation) to make the proposed spatial development strategy available for inspection are—
(a)at the principal office of the combined authority, and such other places within the combined authority area as the combined authority considers appropriate, during normal office hours, and
(b)on the combined authority’s website.
(2) The proposed spatial development strategy shall be accompanied by an appraisal (referred to in these Regulations as a “sustainability appraisal”) of how it contributes towards the achievement of sustainable development.
(3) The local planning authority for each constituent council(1) shall make available for inspection at its principal office and during such period as is specified in the advertisement published pursuant to paragraph (4) a copy of the proposed spatial development strategy and of the sustainability appraisal; and the combined authority shall give to each authority such notice and such documents as they require in order to comply with this paragraph.
(4) The combined authority shall, as soon as reasonably practicable after it makes copies of the proposed spatial development strategy and of the sustainability appraisal available for inspection pursuant to section 335(2)(b), give notice by advertisement in the form set out in Form 1 in the Schedule to these Regulations.
(5) The persons, in addition to those persons set out in section 335(3)(a) to (c) and (e) of the GLA Act(2), to whom the combined authority is required to send a copy of the proposed spatial development strategy, are—
(a)Natural England,
(b)the Environment Agency, and
(c)the Historic Buildings and Monuments Commission for England (“Historic England”).
(6) Subject to paragraph (7), the prescribed period for the purposes of section 335(7)(b) of the GLA Act is a period of not less than 12 weeks ending on such date as the combined authority shall specify in the notice published pursuant to paragraph (4).
(7) Where the combined authority makes available pursuant to section 335(2)(b) of the GLA Act proposed alterations to the spatial development strategy which in the combined authority’s opinion constitute minor alterations, the prescribed period for the purposes of section 335(7)(b) of the GLA Act is a period of not less than six weeks ending on such date as the combined authority shall specify in the notice published pursuant to paragraph (4).
(8) The period in paragraphs (6) and (7) begins with the date on which a notice given pursuant to paragraph (4) is first published in a newspaper.
(9) A representation is made in accordance with these Regulations for the purposes of section 335(7)(a) of the GLA Act if it is made in writing and addressed to the combined authority at the address indicated in the notice published pursuant to paragraph (4).
(10) The combined authority shall, from the date referred to in paragraph (6) until the proposed spatial development strategy is published or withdrawn, make available for inspection at those places at which the proposed spatial development strategy was made available for inspection, a copy of all representations made in accordance with these Regulations.
(11) The combined authority shall not be required to have regard to any representations made in respect of the spatial development strategy after the date specified in the notice published pursuant to paragraph (4).
8.—(1) The combined authority shall, as soon as reasonably practicable after the Secretary of State has appointed a person or persons (referred to in these Regulations as “the panel”) pursuant to section 338(3) of the GLA Act to conduct the examination in public, send to the panel a copy of all representations made in accordance with these Regulations.
(2) The panel shall, not later than 12 weeks before the opening of the examination in public, and after consulting the combined authority—
(a)make available for inspection, at those places at which the proposed spatial development strategy was made available for inspection, a draft list of—
(i)the matters to be examined at the examination in public; and
(ii)the persons who will be invited to take part in the examination in public;
(b)give notice by advertisement in the form set out in Form 2 in the Schedule to these Regulations; and
(c)send to the Secretary of State a copy of the notice published pursuant to sub-paragraph (b).
(3) Representations on the draft list referred to in paragraph (2)(a) above may be made in writing to the person or body at the address indicated in the notice published pursuant to paragraph (2)(b) above, within 28 days of the date on which that notice is first published in a newspaper.
(4) The panel shall, not later than six weeks before the opening of the examination in public, and after consulting the combined authority—
(a)notify those persons who are invited to take part of the matters to be examined;
(b)make available for inspection, at those places at which the draft list referred to in paragraph (2)(a) above was made available for inspection, a list of—
(i)the matters to be examined at the examination in public, and
(ii)the persons who will be invited to take part in the examination in public; and
(c)give notice by advertisement of—
(i)the places and times at which the lists mentioned in sub-paragraph (b) will be available for inspection,
(ii)the address where the examination in public is to be held,
(iii)the dates of the examination in public, and
(iv)the name or title of the officer to whom and the address to which written submissions on the matters to be examined at the examination in public should be sent.
(5) Written submissions may be made on the matters to be examined at the examination in public to the person or body at the address indicated in the notices published pursuant to paragraphs (2)(b) and (4)(c) above.
(6) The panel shall not be required to consider a written submission from any person unless—
(a)the written submission concerns one or more matters to be examined at the examination in public;
(b)the written submission is shorter than 2000 words in length; and
(c)the panel has received no later than 3 weeks before the opening of the examination in public such number of copies of the submission as the panel may reasonably require in order to send a copy of that submission to each person invited to take part in the examination in public.
(7) The report of the panel shall be in writing.
(8) At the same time as the panel sends a copy of that report to the combined authority it shall send a copy to the Secretary of State.
(9) The combined authority shall, before the expiry of a period of 8 weeks beginning with the day it receives that report—
(a)make the report available for inspection at those places at which the proposed spatial development strategy was made available for inspection, and
(b)send a copy of the report to each constituent council.
9.—(1) The prescribed period for the purposes of section 337(4)(b) of the GLA Act (publication) is the relevant period determined in accordance with paragraphs (6) to (8) of regulation 7.
(2) The combined authority shall not publish the spatial development strategy unless:
(a)The combined authority has sent to the Secretary of State—
(i)a statement of its intention to publish the spatial development strategy,
(ii)a copy of the spatial development strategy which it intends to publish, and
(iii)where the combined authority proposes not to accept any recommendation contained in the report of the panel, a statement of its reasons for not accepting that recommendation; and
(b)a period of six weeks or such longer period as the Secretary of State in writing requires, have elapsed beginning with the date notified to the combined authority in writing by the Secretary of State as the date he received the latest of those statements and that copy.
(3) When the combined authority publishes the spatial development strategy it shall:
(a)give notice by advertisement in the form set out in Form 3 in the Schedule to these Regulations;
(b)serve notice in similar form on the persons specified in section 335(3)(c) and (d) of the GLA Act;
(c)make available for inspection at those places at which the proposed spatial development strategy was made available for public inspection—
(i)a copy of the spatial development strategy,
(ii)a copy of any direction given by the Secretary of State under section 337(7) of the GLA Act,
(iii)a copy of any written statement of the Secretary of State indicating for the purposes of section 337(8)(a) of the GLA Act that the combined authority has satisfied the Secretary of State that the combined authority has made the modifications to the proposed spatial development strategy necessary to conform with any such direction; and
(iv)where the combined authority has not accepted any recommendation contained in the report of the panel, a statement of its reason for not accepting that recommendation; and
(d)send to the Secretary of State and to each constituent council a copy of the spatial development strategy, the notice published pursuant to sub-paragraph (a), and any statement of the reasons prepared pursuant to sub-paragraph (c)(iv).
10. On the withdrawal of the spatial development strategy pursuant to section 336(1) of the GLA Act the combined authority shall give notice by advertisement in the form set out in Form 4 in the Schedule to these Regulations.
See section 350 of the GLA Act 1999 (as modified by S.I 2016/1267, S.I 2017/430 and S.I 2017/126 for meaning of “constituent council”.
Section 335(3) of the GLA Act was amended by the Localism Act 2011 (c. 20), s 228(2)(c) and also modified by S.I 2016/1267, S.I 2017/430 and S.I 2017/126.