Planning and Compulsory Purchase Act 2004
| Jurisdiction | UK Non-devolved |
Planning and Compulsory Purchase Act 2004
2004 CHAPTER 5
An Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land.
[13th May 2004]
B e 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 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 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 prescribes.
(6) The appointed day is the day appointed for the commencement of this section.
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’).
(2) This subsection applies to a body (whether or not incorporated) which satisfies such criteria as are prescribed.
(3) The Secretary of State must not give a direction under subsection (1) in relation to a body unless not less than 60% of the persons who are members of the body fall within subsection (4).
(4) A person falls within this subsection if he is a member of any of the following councils or authorities and any part of the area of the council or authority (as the case may be) falls within the region to which the direction (if given) will relate—
(a) a district council;
(b) a county council;
(c) a metropolitan district council;
(d) a National Park authority;
(e) the Broads authority.
(5) The Secretary of State may give a direction withdrawing recognition of a body.
(6) Subsection (7) applies if the Secretary of State—
(a) does not give a direction under subsection (1) recognising a body, or
(b) gives a direction under subsection (5) withdrawing recognition of a body and does not give a direction under subsection (1) recognising any other body.
(7) In such a case the Secretary of State may exercise such of the functions of the RPB as he thinks appropriate.
(8) 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 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;
(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—
(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 will help to achieve implementation of the RSS.
4 Assistance from certain local authorities
(1) For the purpose of the exercise of its functions under sections 3(1) and (3)(a) and 5(1) the RPB must seek the advice of each authority in its region which is an authority falling within subsection (4).
(2) The authority must give the RPB advice as to the exercise of the function to the extent that the exercise of the function is capable of affecting (directly or indirectly) the exercise by the authority of any function it has.
(3) The advice mentioned in subsection (1) includes advice relating to the inclusion in the RSS of specific policies relating to any part of the region.
(4) 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;
(d) a National Park authority.
(5) The RPB may make arrangements with an authority falling within subsection (4) or with any district council the whole or part of whose area is in the region for the discharge by the authority or council of a function of the RPB.
(6) The RPB may reimburse an authority or council which exercises functions by virtue of such arrangements for any expenditure incurred by the authority or council in doing so.
(7) Subsection (5) does not apply to a function of the RPB under section 5(8).
(8) Any arrangements made for the purposes of subsection (5) must be taken to be arrangements between local authorities for the purposes of section 101 of the Local Government Act 1972 (c. 70).
(9) 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—
(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 10(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).
(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 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) the desirability of making different provision in relation to different parts of the region;
(g) such other matters as are prescribed.
(4) In preparing a draft revision the RPB must also—
(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) If the RPB decides to make different provision for different parts of the region the detailed proposals for such different provision must first be made by an authority which falls within section 4(4).
(6) But if the RPB and the authority agree, the detailed proposals may first be made—
(a) by a district council which is not such an authority, or
(b) by the RPB.
(7) The Secretary of State may by regulations make provision as to—
(a) the subject matter of a draft revision prepared in pursuance of 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.
(8) 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 (7)(b) it must—
(a) publish the draft revision, report and other document;
(b) submit them to the Secretary of State.
(9) But the RPB may withdraw a draft revision at any time before it submits the draft to the Secretary of State under subsection (8)(b).
6 RSS: community involvement
(1) For the purposes of the exercise of its functions under section 5, the RPB must prepare and publish a statement of its policies as to the involvement of persons who appear to the RPB to have an interest in the exercise of those functions.
(2) The RPB must keep the policies under review and from time to time must—
(a) revise the statement;
(b) publish the revised statement.
(3) The RPB must comply with the...
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