Greater London Authority Bill

Greater London Authority Bill - continued	House of Commons
PART VIII, PLANNING - continued
The Mayor's spatial development strategy - continued

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Duty to notify London borough councils of publication or withdrawal.

231. - (1) Where the spatial development strategy is published, the Mayor shall notify each London borough council of that fact.

(2) If the proposed spatial development strategy prepared under section 227(2)(a) is withdrawn, the Mayor shall notify each London borough council of that fact.

Review, alteration and replacement

Review of matters affecting the strategy.

232. - (1) The Mayor shall keep under review the matters which may be expected to affect the development of Greater London or the planning of its development or which are otherwise relevant to the content of the spatial development strategy.

(2) For the purpose of discharging his functions under subsection (1) above of keeping under review any matters relating to the area of a local planning authority outside Greater London, the Mayor shall consult that local planning authority about those matters.

Reviews of the strategy.

233. - (1) It shall be the duty of the Mayor to review the spatial development strategy from time to time.

(2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, review the spatial development strategy or such part of it as may be specified in the direction.

Alteration or replacement.

234. - (1) The Mayor may at any time prepare and publish-

(a) alterations of the spatial development strategy, or

(b) a new spatial development strategy to replace it.

(2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, prepare and publish-

(a) such alterations of the spatial development strategy as the Secretary of State directs; or

(b) a new spatial development strategy to replace it.

(3) This Part (other than section 226(1) above) shall apply in relation to the preparation and publication of-

(a) alterations of the spatial development strategy, or

(b) a new spatial development strategy to replace it,

as it applies in relation to the preparation and publication of the spatial development strategy (and shall apply in relation to the altered or new spatial development strategy as it applies in relation to the spatial development strategy).

Supplementary provisions

Matters to which the Mayor is to have regard.

235. - (1) In exercising his functions under the preceding provisions of this Part, the Mayor shall have regard to-

(a) current national policies;

(b) any regional planning guidance issued by the Secretary of State so far as relating to an area which consists of, includes or adjoins Greater London;

(d) such other matters as the Secretary of State may prescribe.

(2) In this section "national policies" has the same meaning as in section 229 above.

Regulations.

236. - (1) Without prejudice to any other provision of this Part, the Secretary of State may make regulations with respect to all or any of the following-

(a) the form and content of the spatial development strategy;

(b) the documents (if any) which he requires to accompany the spatial development strategy;

(c) the procedure to be followed in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy or in connection with any review under section 232 above.

(2) Regulations under this Part may make different provision for different parts of Greater London.

Implementation

Amendments of the Town and Country Planning Act 1990.

237. - (1) The Town and Country Planning Act 1990 shall be amended as follows.

(2) In section 12 (preparation of unitary development plan) after subsection (3B) there shall be inserted-

"(3C) In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force."

(3) In subsection (7) of that section (Part II to be in general conformity with Part I) after "Part I" there shall be inserted "and, in the case of a London borough council, with the spatial development strategy".

(4) In section 13 (public participation) after subsection (1) there shall be inserted-

"(1A) Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy."

(5) After subsection (5) of that section there shall be inserted-

"(5A) If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations."

(6) In section 15 (adoption of unitary development plan by local planning authority) after subsection (2) there shall be inserted-

"(2A) A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy."

(7) After section 21 there shall be inserted-

	"Greater London: conformity with spatial development strategy
Greater London: conformity with spatial development strategy.	21A. - (1) Where-
	(a) a local planning authority in Greater London propose to make, alter or replace a unitary development plan;
	(b) copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 227(2) of the Greater London Authority Act 1999; and
	(c) the local planning authority include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,
	the permitted assumption shall, subject to subsection (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy).
	(2) In this section "the permitted assumption" means the assumption that-
	(a) the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or
	(b) if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 236 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified,
	have become operative under section 229(8) of that Act.
	(3) For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority.
	(4) The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn."

(8) In section 26 (regulations and directions) in subsection (2), after paragraph (b) there shall be inserted-

"(bb) make provision with respect to the making of an application to the Mayor of London for a written opinion under section 13(1A) and the giving by him of such an opinion (including provision as to the time within which such an application or opinion must be made or given);".

(9) In section 74 (directions etc as to method of dealing with applications) after subsection (1A) there shall be inserted-

	"(1B) Provision may be made by a development order-
	(a) for enabling the Mayor of London in prescribed circumstances to direct the local planning authority for a London borough to refuse an application for planning permission of a prescribed description in any particular case; and
	(b) for modifying any provision of this Act relating to an appeal against a refusal of planning permission (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with such a direction.
	(1C) In subsection (1B)(a), "prescribed" means specified in or determined in accordance with a development order, and the power to make provision by development order includes power to provide for a person to exercise a discretion in dealing with any matter."

(10) In section 336 (interpretation) the following definition shall be inserted at the appropriate place in subsection (1)-

""spatial development strategy" shall be construed in accordance with Part VIII (planning) of the Greater London Authority Act 1999;".

Monitoring and data collection.

238. - (1) It shall be the duty of the Mayor-

(a) to monitor the implementation of the spatial development strategy;

(b) to monitor the unitary development plan of each London borough council; and

(c) to monitor and collect information about matters relevant to the preparation, review, alteration, replacement or implementation of the spatial development strategy.

(2) The Mayor, after consultation with each of the London borough councils, may prepare and operate a monitoring scheme.

(3) It shall be the duty of each London borough council to supply to the Mayor such information as he may reasonably request for carrying out his functions under this section or under a monitoring scheme.

(4) A monitoring scheme may require each London borough council-

(a) to carry out, or assist in carrying out, investigations into, and the collection of information relating to, the implementation of the spatial development strategy, so far as relating to the council's area; and

(b) to make, or assist in making, arrangements whereby any such information, and the results of any such investigation, are made available to the Mayor, other London borough councils, any government department or the public.

(5) A monitoring scheme may contain such supplementary provisions as the Mayor thinks necessary or expedient.

(6) A monitoring scheme shall not come into force until it has been approved by the Secretary of State.

(7) A monitoring scheme may be varied or revoked by the Mayor after consultation with the London borough councils and with the approval of the Secretary of State.

Duty of functional bodies in relation to the strategy

Functional bodies to have regard to the strategy.

239. In exercising any function, each of the functional bodies shall have regard to the spatial development strategy.

Consequential and supplemental provisions

Abolition of joint planning committee for Greater London.

240. The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 and continued by section 3 of the Town and Country Planning Act 1990 is abolished by this section.

Interpretation of this Part.

241. - (1) In this Part, except where the context otherwise requires,-

"prescribe" means prescribe by regulations;

"regulations" means regulations made by the Secretary of State;

"representations made in accordance with the regulations" shall be construed in accordance with section 227(6) above.

(2) For the purposes of this Part-

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and