Statutory Instruments
Town And Country Planning, England
Made
1st December 2020
Laid before Parliament
3rd December 2020
Coming into force
24th December 2020
The Secretary of State has been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the environment.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, sections 59, 69, 71, 71A(1) and (2), 74 and 333(1) and (2A) of the Town and Country Planning Act 1990(3), sections 10(3) and 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990(4), sections 335(2)(b) and (d) and (7)(a), 343(1)(c) and 420(1)(b) of the Greater London Authority Act 1999(5) and sections 36(1) and (2)(d) and (l) and 122(3)(b) of the Planning and Compulsory Purchase Act 2004(6).
S.I. 2008/301. See article 2 of that Order.
1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
1990 c. 8. Section 69 was substituted by paragraph 3 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”) and section 69(2) and (4) were amended by section 190 of the Planning Act 2008 (c. 29). Section 71 was amended by Schedule 12 to the Housing and Planning Act 2016 (c. 22) (“the 2016 Act”). Section 74(1) was amended by paragraph 17 of Schedule 12 to the 2016 Act; and section 333 was amended by paragraph 32(12) of, and Schedule 10 to, the Environment Act 1995 (c. 8), and section 118(1) of, and Schedule 6 to, the 2004 Act. There are other amendments not relevant to this instrument.
1990 c. 9. Section 10(3) was amended by section 42(7) of, and paragraph 20 of Schedule 6 to, the 2004 Act. There are other amendments not relevant to this instrument.
1999 c. 29. Part 8 of the Greater London Authority Act 1999 (c. 29) (“the 1999 Act”) applies (with certain modifications) in relation to the preparation and publication of a spatial development strategy by the Greater Manchester Combined Authority, the Liverpool City Region Combined Authority and the West of England Combined Authority (“the relevant Mayoral combined authorities”) as it applies in relation to the preparation and publication of such a strategy by the Mayor of London. Sections 343 and 420 of the 1999 Act also apply in relation to the functions of the Secretary of State to make regulations under section 343(1) with respect to the procedure to be followed by the relevant Mayoral combined authorities in connection with the preparation and publication of a spatial development strategy as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London (see articles 3 and 4 of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), articles 3 and 4 of the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430) and articles 10 and 11 of the West of England Combined Authority Order 2017 (S.I. 2017/126)).
2004 c. 5; section 36 was amended by section 11(1) to (3) of the Neighbourhood Planning Act 2017 (c. 20).