Town and Country Planning (London Spatial Development Strategy) Regulations 2000

2000 No. 1491

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (London Spatial Development Strategy) Regulations 2000

Made 5th June 2000

Laid before Parliament 12th June 2000

Coming into force 3rd July 2000

The Secretary of State for the Environment, Transport and the Regions in exercise of the powers conferred upon him by section 26(2)(bb) of the Town and Country Planning Act 19901and sections 334(7), 335(2)(b) and (d), 3(d) and 7(b), 337(4) and (5), 338(8), 342(1)(b) and 343 of the Greater London Authority Act 19992and all other powers enabling him in that behalf, and having consulted the Lord Chancellor3hereby makes the following Regulations:—

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Town and Country Planning (London Spatial Development Strategy) Regulations 2000, and shall come into force on 3rd July 2000.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the 1990 Act” means the Town and Country Planning Act 1990;

“by advertisement” means by publication in the London Gazette and by local advertisement;

“by local advertisement” means by publication on at least one occasion in two successive weeks in a newspaper circulating in Greater London; and

“the GLA Act” means the Greater London Authority Act 1999.

(2) These Regulations apply in relation to proposals to alter or replace the spatial development strategy as they apply in relation to a proposed spatial development strategy.

1 FORM AND CONTENT OF THE SPATIAL DEVELOPMENT STRATEGY

PART I

FORM AND CONTENT OF THE SPATIAL DEVELOPMENT STRATEGY

S-3 Title of the spatial development strategy

Title of the spatial development strategy

3. The title of the spatial development strategy shall include the words “spatial development strategy”.

S-4 Content of the spatial development strategy

Content of the spatial development strategy

4.—(1) The spatial development strategy shall contain a reasoned justification of the Mayor’s strategy for spatial development in Greater London.

(2) Those parts of the spatial development strategy which comprise the Mayor’s strategy for spatial development in Greater London and those parts which comprise the reasoned justification required by paragraph (1) shall be clearly identified in the spatial development strategy.

(3) Where there is conflict between the written statement in the spatial development strategy formulating the Mayor’s strategy for spatial development in Greater London and any other part of the spatial development strategy, the provisions of that statement prevail.

S-5 Diagrams in the spatial development strategy

Diagrams in the spatial development strategy

5.—(1) The spatial development strategy shall contain a diagram, called the key diagram, illustrating the Mayor’s strategy for spatial development in Greater London.

(2) The spatial development strategy may also contain a diagram, called an inset diagram, drawn to a larger scale than the key diagram, and illustrating the application of the Mayor’s general policies to part of the area covered by the spatial development strategy.

(3) Where an inset diagram is included in the spatial development strategy, the area covered by the inset diagram shall be identified on the key diagram and the application of the general policies to that area shall be illustrated on that inset diagram only.

(4) No key diagram or inset diagram contained in the spatial development strategy shall be on a map base.

(5) The title of the spatial development strategy shall be set out on the key diagram and on any inset diagram contained in the spatial development strategy and the key diagram and any inset diagram shall include an explanation of any symbol or notation used in the diagram.

S-6 Regard to be had to certain matters and statement of regard

Regard to be had to certain matters and statement of regard

6.—(1) In formulating the strategy for spatial development in Greater London the Mayor shall, in addition to the matters specified in sections 41 and 342(1)(a) of the GLA Act, have regard to—

(a)

(a) any statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England and which is made under section 44A (National Waste Strategy: England and Wales) of the Environmental Protection Act 19904;

(b)

(b) the objectives of preventing major accidents and limiting the consequences of such accidents; and

(c)

(c) the need—

(i) in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest, and

(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of Council Directive 96/82/ECon the control of major-accident hazards involving dangerous substances5so as not to increase the risks to people.

(2) Expressions appearing both in paragraph (1) and in Council Directive 96/82/EChave the same meaning as in that Directive.

(3) The reasoned justification required by regulation 4(1) shall contain a statement of the regard the Mayor has had in formulating the strategy for spatial development in Greater London to the matters specified in sections 41 and 342(1)(a) of the GLA Act and in paragraph (1).

2 PROCEDURE—SPATIAL DEVELOPMENT STRATEGY

PART II

PROCEDURE—SPATIAL DEVELOPMENT STRATEGY

S-7 Public participation

Public participation

7.—(1) The places at which the Mayor is required by section 335(2)(b) of the GLA Act to make the proposed spatial development strategy available for inspection are—

(a)

(a) the principal office of the Greater London Authority, and

(b)

(b) such other places within Greater London as the Mayor considers appropriate.

(2) The proposed spatial development strategy shall be accompanied by an appraisal (referred to in these Regulations as a “sustainability appraisal”) of how it contributes towards the achievement of sustainable development.

(3) The local planning authority for each London borough shall make available for inspection at its principal office and during such period as is specified in the advertisement published pursuant to paragraph (4) a copy of the proposed spatial development strategy and of the sustainability appraisal; and the Mayor shall give to each authority such notice and such documents as they require in order to comply with this paragraph.

(4) The Mayor shall, as soon as reasonably practicable after he makes copies of the proposed spatial development strategy and of the sustainability appraisal available for inspection pursuant to section 335(2)(b), give notice by advertisement in Form 1.

(5) The persons, in addition to those persons set out in section 335(3)(a)–(c) and (e) of the GLA Act, to whom the Mayor is required to send a copy of the proposed spatial development strategy, are—

(a)

(a) the Countryside Agency and the Nature Conservancy Council for England,

(b)

(b) the Environment Agency, and

(c)

(c) the Historic Buildings and Monuments Commission for England.

(6) Subject to paragraph (7), the prescribed period for the purposes of section 335(7)(b) of the GLA Act is a period of not less than 12 weeks ending on such date as the Mayor shall specify in the notice published pursuant to paragraph (4).

(7) Where the Mayor makes available pursuant to section 335(2)(b) of the GLA Act proposed alterations to the spatial development strategy which in the Mayor’s opinion constitute minor alterations, the prescribed period for the purposes of section 335(7)(b) of the GLA Act is a period of not less than 6 weeks ending on such date as the Mayor shall specify in the notice published pursuant to paragraph (4).

(8) The period in paragraphs (6) and (7) begins with the date on which a notice given pursuant to paragraph (4) is first published in a newspaper.

(9) A representation is made in accordance with these Regulations for the purposes of section 335(7)(a) of the GLA Act if it is made in writing and addressed to the Mayor at the address indicated in the notice published pursuant to paragraph (4).

(10) The Mayor shall, from the date referred to in paragraph (6) until the proposed spatial development strategy is published or withdrawn, make available for inspection at the principal office of the Greater London Authority a copy of all representations made in accordance with these Regulations.

(11) The Mayor shall not be required to have regard to any representation made in respect of the spatial development strategy after the date specified in the notice published pursuant to paragraph (4).

S-8 Examination in public

Examination in public

8.—(1) The Mayor...

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