OpenLegislation

Paragraph 1 Town and Country Planning Act 1990I1I2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain inquiries) is amended as follows.

(2)

In subsection (1A), before paragraph (a) insert—

“(zza)

a public examination under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004;”.

(3)

After subsection (1B) insert—

“(1BA)

Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State.”

(4)

In subsection (2), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(5)

In subsection (3), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(6)

In subsection (6), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(7)

In subsection (9A)—

(a)

in the opening words and in paragraph (a), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”;

(b)

for paragraph (b) substitute—

“(b)

the Secretary of State (or a person acting on the Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P(2)(a) or 15HA(2)(a) of that Act.”

(8)

After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA 2023) insert—

“(9C)

In a case where a qualifying procedure is carried out in relation to a spatial development strategy that is prepared by a strategic planning board under Part 1A of the Planning and Compulsory Purchase Act 2004 (see section 12B of that Act), the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between the constituent authorities of the board, on such basis as the Secretary of State considers just and reasonable.”

(9)

After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA 2023) insert—

“(13)

In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.”

Annotations

Commencement

I1

Sch. 2 para. 1 not in force at Royal Assent, see s. 118(2)(g)

I2

Sch. 2 para. 1 in force at 4.11.2026 by S.I. 2026/1157, reg. 2(b)