The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/602 |
| Year | 2010 |
2010 No. 602
Town And Country Planning, England
The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010
Made 1st March 2010
Laid before Parliament 8th March 2010
Coming into force 1st April 2010
The Secretary of State, in exercise of the powers conferred by section 85(2) and (3) of the Local Democracy, Economic Development and Construction Act 20091, makes the following Order:
Citation and commencement
1.—(1) This Order may be cited as the Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010.
(2) This Order shall come into force on 1st April 2010.
Amendments to the Town and Country Planning (General Development Procedure) Order 1995
2.—(1) The Town and Country Planning (General Development Procedure) Order 19952is amended as follows.
(2) In article 1(2) (citation, commencement and interpretation) after the definition of “reserved matters” insert—
““responsible regional authority” has the same meaning as in section 72 (responsible regional authorities) of the Local Democracy, Economic Development and Construction Act 2009;”.
(3) In article 2B(3)(a) (local development orders) for “the body recognised” to “regional planning body” substitute “the responsible regional authority”.
(4) In article 10(2)(n) (consultations before the grant of permission)—
(a)
(a) omit “section 7 and”; and
(b)
(b) after the words “that Act” insert “in relation to London or a regional strategy within the meaning of section 70 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy) in relation to the rest of England”.
(5) In the heading to article 11 (consultation with RPB or county planning authority) in relation to England for “RPB” substitute “responsible regional authority”.
Amendments to the Town and Country Planning (Development Plan) (England) Regulations 1999
3.—(1) The Town and Country Planning (Development Plan) (England) Regulations 19993are amended as follows.
(2) In regulation 2(1) (interpretation) for the definition of “RSS” substitute ““regional strategy” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009;”.
(3) In regulation 24A(11)(b) (further deposit of proposals) for “an RSS” substitute “a regional strategy”.
Amendments to the Town and Country Planning (Local Development) (England) Regulations 2004
4.—(1) The Town and Country Planning (Local Development) (England) Regulations 20044are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) for the definition of “regional planning body” substitute—
““regional strategy” has the same meaning as in section 70 (regional strategy) of the Local Democracy, Economic Development and Construction Act 2009;”;
(b)
(b) after the definition of “relevant authority” insert—
““responsible regional authority” has the same meaning as in section 72 (responsible regional authorities) of the Local Democracy, Economic Development and Construction Act 2009;”; and
(c)
(c) in the definition of “specific consultation bodies”—
(i) in paragraph (a) for “regional planning body” substitute “responsible regional authority”; and
(ii) in paragraph (a)(viii) omit the words “is in or”.
(3) In regulation 5(2)(b) (survey of areas: county councils) for “regional planning body” substitute “responsible regional authority”.
(4) Omit regulation 15(1)(a) (local development documents: additional matters to which regard to be had).
(5) In regulation 17(2)(d) (public participation) omit “(2)(b) or”.
(6) In regulation 26(2)(d) (public participation in the preparation of a statement of community involvement) for “regional planning body” substitute “responsible regional authority”.
(7) In regulation 28(4) (representations relating to a development plan document) omit “(6) or” and “RPBs and”.
(8) In regulation 29(1) (conformity with regional strategy) omit “(2)(a) or”.
(9) Omit regulation 29(2).
(10) In regulation 40(2)(d) (section 21(4) directions (call-in): supplementary) omit “(2)(a) or”.
(11) Omit regulation 40(2)(d)(i).
(12) In regulation 45(1)(f) (Secretary of State’s default power)—
(a)
(a) for “RPB (if any)” substitute “responsible regional authority”; and
(b)
(b) for “RSS” substitute “regional strategy”.
(13) In regulation 45A(2) (provision supplementary to regulation 45) for “RPB” substitute “responsible regional authority”.
Amendment to the Town and Country Planning (Isles of Scilly) Order 2005
5. Article 4(2) (exceptions, adaptations and modifications) of the Town and Country Planning (Isles of Scilly) Order 20055is omitted.
Amendments to the Town and Country Planning (Mayor of London) Order 2008
6.—(1) The Town and Country Planning (Mayor of London) Order 20086is amended as follows.
(2) In article 6(2)(e) (Mayor’s power to direct refusal of a PSI application) for “regional spatial strategy” substitute “regional strategy”.
(3) For article 6(11) substitute—
“11 For the purposes of paragraph (2), “regional strategy” has the same meaning as in section 70 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy).”.
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