|
| |
| |
A | |
Bill | |
To | |
Make provision relating to spatial development and town and country | |
planning; compulsory acquisition for development; and loss payments in | |
respect of certain interests in property compulsorily acquired. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Regional functions | |
Spatial strategy | |
1 Regional Spatial Strategy | |
(1) For each region there is to be a regional spatial strategy (in this Part referred to | 5 |
as the “RSS”). | |
(2) The RSS must set out the Secretary of State’s policies (however expressed) in | |
relation to the development and use of land within the region. | |
(3) In subsection (2) the references to a region include references to any area within | |
a region which includes the area or part of the area of more than one local | 10 |
planning authority. | |
(4) With effect from the appointed day the RSS for a region is so much of the | |
regional planning guidance relating to the region as the Secretary of State | |
prescribes. | |
(5) The appointed day is the day appointed for the commencement of this section. | 15 |
| |
| |
| |
|
| |
| |
Planning bodies | |
2 Regional planning bodies | |
(1) The Secretary of State may give a direction recognising a body to which | |
subsection (2) applies as the regional planning body for a region (in this Part | |
referred to as the “RPB”). | 5 |
(2) This subsection applies to a body (whether or not incorporated) which satisfies | |
such criteria as are prescribed. | |
(3) The Secretary of State may give a direction withdrawing recognition of a body. | |
(4) Subsection (5) applies if the Secretary of State— | |
(a) does not give a direction under subsection (1) recognising a body, or | 10 |
(b) gives a direction under subsection (3) withdrawing recognition of a | |
body and does not give a direction under subsection (1) recognising | |
any other body. | |
(5) In such a case the Secretary of State may exercise such of the functions of the | |
RPB as he thinks appropriate. | 15 |
(6) A change in the membership of a body which is not incorporated does not (by | |
itself) affect the validity of the recognition of the body. | |
3 RPB: general functions | |
(1) The RPB must keep under review the RSS. | |
(2) The RPB must keep under review the matters which may be expected to | 20 |
affect— | |
(a) development in its region or any part of the region; | |
(b) the planning of that development. | |
(3) The RPB must— | |
(a) monitor the implementation of the RSS throughout the region; | 25 |
(b) consider whether the implementation is achieving the purposes of the | |
RSS. | |
(4) The RPB must for each year prepare a report on the implementation of the RSS | |
in the region. | |
(5) The report— | 30 |
(a) must be in such form and contain such information as is prescribed; | |
(b) must be submitted to the Secretary of State on such date as is | |
prescribed. | |
(6) The RPB must give advice to any other body or person if it thinks that to do so | |
will help to achieve implementation of the RSS. | 35 |
4 Assistance from certain local authorities | |
(1) Each RPB must consider whether in relation to its region (or any part of it) it | |
would be desirable for an authority which falls within subsection (2) to assist | |
it in carrying out any function it has. | |
| |
| |
|
| |
| |
(2) Each of the following authorities fall within this subsection if their area or any | |
part of their area is in the RPB’s region— | |
(a) a county council; | |
(b) a metropolitan district council; | |
(c) a district council for an area for which there is no county council; | 5 |
(d) a National Park authority. | |
(3) If the RPB considers that it is desirable for such an authority to assist it in | |
carrying out a function it has it must attempt to make arrangements to permit | |
the discharge of that function by the authority in relation to their area. | |
(4) The RPB may reimburse an authority which exercises functions by virtue of | 10 |
such arrangements for any expenditure incurred by the authority in doing so. | |
(5) Subsection (1) does not apply to a function of the RPB under section 5(6). | |
(6) Any arrangements made for the purposes of subsection (3) must be taken to be | |
arrangements between local authorities for the purposes of section 101 of the | |
Local Government Act 1972 (c. 70). | 15 |
(7) Nothing in this section affects any power which a body which is recognised as | |
an RPB has apart from this section. | |
RSS revision | |
5 RSS: revision | |
(1) The RPB must prepare a draft revision of the RSS— | 20 |
(a) when it appears to it necessary or expedient to do so; | |
(b) at such time as is prescribed; | |
(c) if it is directed to do so under section 9(1). | |
(2) But the RPB must give notice to the Secretary of State of its intention to prepare | |
a draft revision under subsection (1)(a). | 25 |
(3) In preparing a draft revision the RPB must have regard to— | |
(a) national policies and advice contained in guidance issued by the | |
Secretary of State; | |
(b) the RSS for each adjoining region; | |
(c) the spatial development strategy if any part of its region adjoins | 30 |
Greater London; | |
(d) the Wales Spatial Plan if any part of its region adjoins Wales; | |
(e) the resources likely to be available for implementation of the RSS; | |
(f) such other matters as are prescribed. | |
(4) In preparing a draft revision the RPB must also— | 35 |
(a) carry out an appraisal of the sustainability of the proposals in the draft, | |
and | |
(b) prepare a report of the findings of the appraisal. | |
(5) The Secretary of State may by regulations make provision as to— | |
(a) the subject matter of a draft revision prepared in pursuance of | 40 |
subsection (1)(b); | |
(b) any further documents which must be prepared by the RPB in | |
connection with the preparation of a draft revision; | |
| |
| |
|
| |
| |
(c) the form and content of any draft, report or other document prepared | |
under this section. | |
(6) When the RPB has prepared a draft revision, the report to be prepared under | |
subsection (4)(b) and any other document to be prepared in pursuance of | |
subsection (5)(b) it must— | 5 |
(a) publish the draft revision, report and other document; | |
(b) submit them to the Secretary of State. | |
(7) But the RPB may withdraw a draft revision at any time before it submits the | |
draft to the Secretary of State under subsection (6)(b). | |
6 RSS: Secretary of State’s functions | 10 |
(1) This section applies when the Secretary of State receives a draft revision of the | |
RSS. | |
(2) Any person may make representations on the draft. | |
(3) The Secretary of State may arrange for an examination in public to be held into | |
the draft. | 15 |
(4) In deciding whether an examination in public is held the Secretary of State | |
must have regard to— | |
(a) the extent of the revisions proposed by the draft; | |
(b) the extent to which there was any consultation on the draft before it was | |
published; | 20 |
(c) the level of interest shown in the draft; | |
(d) such other matters as he thinks appropriate. | |
7 RSS: examination in public | |
(1) This section applies if the Secretary of State decides that an examination in | |
public is to be held of a draft revision of the RSS. | 25 |
(2) The examination must be held before a person appointed by the Secretary of | |
State. | |
(3) No person has a right to be heard at an examination in public. | |
(4) The Secretary of State may, after consultation with the Lord Chancellor, make | |
regulations with respect to the procedure to be followed at an examination in | 30 |
public. | |
(5) The person appointed under subsection (2) must make a report of the | |
examination to the Secretary of State. | |
(6) The Secretary of State may by regulations make provision as to the procedure | |
to be followed in connection with the recommendations of the person | 35 |
appointed under subsection (2). | |
(7) An examination in public— | |
(a) is a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals | |
and Inquiries Act 1992 (c. 53) (report on administrative procedures); | |
(b) is not a statutory inquiry for any other purpose of that Act. | 40 |
| |
| |
|
