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Planning and Compulsory Purchase Bill


Planning and Compulsory Purchase Bill
Part 1 — Regional functions

1

 

A

Bill

To

Make provision relating to spatial development and town and country

planning; and the compulsory acquisition of land. 

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)   

If to any extent a policy set out in the RSS conflicts with any other statement or

information in the RSS the conflict must be resolved in favour of the policy.

(5)   

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

15

prescribes.

(6)   

The appointed day is the day appointed for the commencement of this section.

 
HL Bill 1053/3
 
 

Planning and Compulsory Purchase Bill
Part 1 — Regional functions

2

 

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 respect of such period of 12 months as is prescribed;

(b)   

must be in such form and contain such information as is prescribed;

(c)   

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

35

will help to achieve implementation of the RSS.

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.

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Planning and Compulsory Purchase Bill
Part 1 — Regional functions

3

 

(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).

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(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).

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(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;

 

 

Planning and Compulsory Purchase Bill
Part 1 — Regional functions

4

 

(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 and nature of the 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.

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(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

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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.

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