|
| |
|
(12) | “Regional development agency” means a development agency |
| |
established under section 1 of the Regional Development Agencies Act |
| |
| |
(2) | The Regional Development Agencies Act 1998 (c. 45) is amended as follows. |
| |
(3) | In section 8 (regional consultation) after subsection (2) insert— |
| 5 |
“(2A) | The reference in subsection (2)(b) to the functions of a regional |
| |
development agency does not include any function conferred by |
| |
arrangements under section 4A of the Planning and Compulsory |
| |
Purchase Act 2004 (delegation of functions of regional planning bodies |
| |
to regional development agencies).” |
| 10 |
(4) | In section 11 (borrowing) after subsection (4) insert— |
| |
“(4A) | The references in subsections (2) and (4) to the functions of a regional |
| |
development agency do not include any function conferred by |
| |
arrangements under section 4A of the Planning and Compulsory |
| |
Purchase Act 2004 (delegation of functions of regional planning bodies |
| 15 |
to regional development agencies).” |
| |
(5) | In section 18 (regional accountability) after subsection (1) insert— |
| |
“(1A) | The reference in subsection (1)(c) to the functions of a regional |
| |
development agency does not include any function conferred by |
| |
arrangements under section 4A of the Planning and Compulsory |
| 20 |
Purchase Act 2004 (delegation of functions of regional planning bodies |
| |
to regional development agencies).” |
| |
(6) | In paragraph 7 of Schedule 2 (delegation of functions by regional development |
| |
agencies) after sub-paragraph (1) insert— |
| |
“(1A) | The reference in sub-paragraph (1) to anything authorised or |
| 25 |
required to be done under an enactment includes a reference to |
| |
anything authorised or required to be done under arrangements |
| |
made under an enactment.” |
| |
| |
179 | Local development documents |
| 30 |
(1) | PCPA 2004 is amended as follows. |
| |
(2) | In section 15(2) (matters which must be specified in local development |
| |
| |
| |
(b) | before paragraph (b) insert— |
| 35 |
“(aa) | the local development documents which are to be |
| |
development plan documents;”; |
| |
(c) | in paragraph (b) for “document” substitute “development plan |
| |
| |
| 40 |
(e) | in paragraphs (d) and (f) for “documents” substitute “development |
| |
| |
(3) | In section 17 (local development documents)— |
| |
|
| |
|
| |
|
(a) | omit subsections (1) and (2); |
| |
(b) | in subsection (3) for “The local development documents” substitute |
| |
“The local planning authority’s local development documents”; |
| |
(c) | in subsection (4) for the words before “in relation to development |
| |
which is a county matter” substitute “Where a county council is |
| 5 |
required to prepare a minerals and waste development scheme in |
| |
respect of an area, the council’s local development documents must |
| |
(taken as a whole) set out the council’s policies (however expressed) for |
| |
| |
(d) | in subsection (7), before paragraph (a) insert— |
| 10 |
“(za) | which descriptions of documents are, or if prepared are, |
| |
to be prepared as local development documents;”. |
| |
(4) | In section 18 (statements of community involvement)— |
| |
(a) | for subsection (3) substitute— |
| |
“(3) | For the purposes of this Part (except sections 19(2) and 24) the |
| 15 |
statement of community involvement is a local development |
| |
| |
| This is subject to section 17(8).”; |
| |
(b) | after subsection (3) insert— |
| |
“(3A) | The statement of community involvement must not be specified |
| 20 |
as a development plan document in the local development |
| |
| |
(c) | omit subsections (4) to (6). |
| |
(5) | In section 19 (preparation of local development documents)— |
| |
(a) | in subsection (1) for “Local development documents” substitute |
| 25 |
“Development plan documents”; |
| |
(b) | in subsection (2) after “In preparing a” insert “development plan |
| |
| |
(c) | in subsection (3) for “other local development documents” substitute |
| |
“local development documents (other than their statement of |
| 30 |
| |
(d) | in subsection (5) for “document” substitute “development plan |
| |
| |
(6) | In section 37 (interpretation of Part 2)— |
| |
(a) | in subsection (2) for “section 17” substitute “sections 17 and 18(3)”; |
| 35 |
(b) | for subsection (3) substitute— |
| |
“(3) | A development plan document is a local development |
| |
document which is specified as a development plan document |
| |
in the local development scheme.” |
| |
(7) | In section 38 (development plan) after subsection (8) insert— |
| 40 |
“(9) | Development plan document must be construed in accordance with |
| |
| |
|
| |
|
| |
|
| |
180 | Regional spatial strategies: climate change policies |
| |
(1) | Section 1 of the Planning and Compulsory Purchase Act 2004 (c. 5) (regional |
| |
functions: regional spatial strategies) is amended as follows. |
| |
(2) | After subsection (2) insert— |
| 5 |
“(2A) | The RSS must include policies designed to secure that the development |
| |
and use of land in the region contribute to the mitigation of, and |
| |
adaptation to, climate change.” |
| |
(3) | In subsection (3) for “subsection (2)” substitute “subsections (2) and (2A)”. |
| |
181 | Development plan documents: climate change policies |
| 10 |
In section 19 of PCPA 2004 (preparation of local development documents) after |
| |
| |
“(1A) | Development plan documents must (taken as a whole) include policies |
| |
designed to secure that the development and use of land in the local |
| |
planning authority’s area contribute to the mitigation of, and |
| 15 |
adaptation to, climate change.” |
| |
| |
182 | Correction of errors in decisions |
| |
In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction |
| |
of errors) at the beginning insert “in a case where the decision document relates |
| 20 |
to the exercise of a function in relation to Wales,”. |
| |
Validity of strategies, plans and documents |
| |
183 | Power of High Court to remit strategies, plans and documents |
| |
In section 113 of PCPA 2004 (validity of strategies, plans and documents) for |
| |
subsection (7) substitute— |
| 25 |
| |
(a) | quash the relevant document; |
| |
(b) | remit the relevant document to a person or body with a function |
| |
relating to its preparation, publication, adoption or approval. |
| |
(7A) | If the High Court remits the relevant document under subsection (7)(b) |
| 30 |
it may give directions as to the action to be taken in relation to the |
| |
| |
(7B) | Directions under subsection (7A) may in particular— |
| |
(a) | require the relevant document to be treated (generally or for |
| |
specified purposes) as not having been approved or adopted; |
| 35 |
(b) | require specified steps in the process that has resulted in the |
| |
approval or adoption of the relevant document to be treated |
| |
|
| |
|
| |
|
(generally or for specified purposes) as having been taken or as |
| |
| |
(c) | require action to be taken by a person or body with a function |
| |
relating to the preparation, publication, adoption or approval of |
| |
the document (whether or not the person or body to which the |
| 5 |
| |
(d) | require action to be taken by one person or body to depend on |
| |
what action has been taken by another person or body. |
| |
(7C) | The High Court’s powers under subsections (7) and (7A) are |
| |
exercisable in relation to the relevant document— |
| 10 |
| |
(b) | generally or as it affects the property of the applicant.” |
| |
184 | Power of High Court to remit unitary development plans in Wales |
| |
(1) | Subsection (2) applies in relation to section 287 of TCPA 1990 (proceedings for |
| |
questioning validity of development plans etc.), as that section continues to |
| 15 |
have effect by virtue of paragraph (3) of article 3 of the Planning and |
| |
Compulsory Purchase Act 2004 (Commencement No. 6, Transitional |
| |
Provisions and Savings) Order 2005 (S.I. 2005/2847) for the purposes of the |
| |
transitional arrangements mentioned in that paragraph. |
| |
(2) | In that section, after subsection (3) insert— |
| 20 |
“(3A) | Subsections (3B) to (3E) apply if— |
| |
(a) | an application is made under this section in relation to a unitary |
| |
| |
(b) | on the application the High Court is satisfied as mentioned in |
| |
| 25 |
(3B) | The High Court may remit the plan to a person or body with a function |
| |
relating to its preparation, publication, adoption or approval. |
| |
(3C) | If the High Court remits the plan under subsection (3B) it may give |
| |
directions as to the action to be taken in relation to the plan. |
| |
(3D) | Directions under subsection (3B) may in particular— |
| 30 |
(a) | require the plan to be treated (generally or for specified |
| |
purposes) as not having been approved or adopted; |
| |
(b) | require specified steps in the process that has resulted in the |
| |
approval or adoption of the plan to be treated (generally or for |
| |
specified purposes) as having been taken or as not having been |
| 35 |
| |
(c) | require action to be taken by a person or body with a function |
| |
relating to the preparation, publication, adoption or approval of |
| |
the plan (whether or not the person or body to which it is |
| |
| 40 |
(d) | require action to be taken by one person or body to depend on |
| |
what action has been taken by another person or body. |
| |
(3E) | The High Court’s powers under subsections (3B) and (3C) are |
| |
exercisable in relation to the plan— |
| |
| 45 |
(b) | generally or as it affects the property of the applicant.” |
| |
|
| |
|