Section 58 Spatial development strategiesI1I2

Before section 13 of the Planning and Compulsory Purchase Act 2004 insert—

“Part 1A

Strategic plan-making

Strategic planning authorities and strategic planning boards

Spatial development strategy to be produced by strategic planning authorities

12A

(1)

This Part requires strategic planning authorities to prepare a document, conforming to section 12D, known as a “spatial development strategy”.

(2)

In this Part “strategic planning authority” means—

(a)

a strategic planning board (see section 12B);

(b)

a combined authority;

(c)

a combined county authority;

(d)

an upper-tier county council for an area no part of which forms part of the area of a combined authority or a combined county authority;

(e)

a unitary authority for an area—

(i)

that is in England, and

(ii)

no part of which forms part of the area of a combined authority or a combined county authority.

(3)

But a principal authority that is a constituent authority of a strategic planning board is not a strategic planning authority for the purposes of this Part.

(4)

In this Part “strategy area”, in relation to a spatial development strategy, means—

(a)

in the case of a strategic planning board, the area consisting of the areas of the constituent authorities of the board;

(b)

in the case of a combined authority, the area of the combined authority;

(c)

in the case of a combined county authority, the area of the combined county authority;

(d)

in the case of an upper-tier county council, the area of the upper-tier county council;

(e)

in the case of a unitary authority, the area of the unitary authority.

(5)

Any function of a strategic planning authority exercisable by or under this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies—

(a)

section 101(1)(b);

(b)

section 101(5).

(6)

For provision about the spatial development strategy for London, see (in particular) sections 334 to 343 of the Greater London Authority Act 1999.

(7)

In this Part “principal authority” means a body specified in any of paragraphs (b) to (e) of subsection (2).

Strategic planning boards

12B

(1)

This section applies where the Secretary of State considers that it is desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities.

(2)

Subject to subsection (4), the Secretary of State may by regulations establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”).

(3)

Such a committee is to be known as a “strategic planning board”.

(4)

The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations—

(a)

the principal authorities that are to be the constituent authorities of the board,

(b)

any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and

(c)

the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.

(5)

Where the Secretary of State is considering whether to, or has decided to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies.

Regulations about strategic planning boards

12C

(1)

Strategic planning board regulations that establish a strategic planning board must specify—

(a)

the constituent authorities of the board, and

(b)

the area in relation to which the board exercises functions under this Part.

(2)

Strategic planning board regulations may make provision about—

(a)

the composition of a strategic planning board (including about the appointment of members to the board or any sub-committee of the board);

(b)

the proceedings of a strategic planning board and of any sub-committee of the board (including provision about voting rights);

(c)

such other matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions under this Part.

(3)

Provision of the kind mentioned in subsection (2)(c) may include provision—

(a)

corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972;

(b)

applying (with or without modifications) such enactments relating to local authorities as the Secretary of State considers appropriate;

(c)

requiring the making by a constituent authority of payments towards the costs of the strategic planning board;

(d)

modifying the application of this Part in relation to a strategic planning board.

(4)

For the purposes of subsection (3)(b) a local authority is any of the following—

(a)

a county council;

(b)

a district council;

(c)

a London borough council.

(5)

If strategic planning board regulations establishing a strategic planning board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution.

(6)

The Secretary of State’s power to make strategic planning board regulations that amend or revoke other strategic planning board regulations—

(a)

is exercisable whether or not the constituent authorities of the strategic planning board in question request an amendment or revocation;

(b)

is exercisable only after the Secretary of State has consulted the following on a draft of the proposed regulations—

(i)

the strategic planning board in question,

(ii)

the constituent authorities of that board,

(iii)

any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and

(iv)

the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.

(7)

The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations.

(8)

In this section “strategic planning board regulations” means regulations under section 12B(2).

Contents of spatial development strategy

Contents of spatial development strategy

12D

(1)

A spatial development strategy must include a statement of the strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area.

(2)

A spatial development strategy must include a reasoned justification for the policies referred to in subsection (1).

(3)

A spatial development strategy must specify the period for which it is to have effect.

(4)

A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of—

(a)

supporting or facilitating development in that area,

(b)

mitigating, or adapting to, climate change, or

(c)

promoting or improving the economic, social or environmental well-being of that area.

(5)

A spatial development strategy may specify or describe—

(a)

an amount or distribution of housing (of any kind), the provision of which the strategic planning authority considers to be of strategic importance to the strategy area;

(b)

an amount or distribution of affordable housing or any other kind of housing, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area.

(6)

For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area.

(7)

The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with.

(8)

A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed.

(9)

A spatial development strategy may make different provision for different cases or for different parts of the strategy area.

(10)

A spatial development strategy must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change.

(11)

A spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular—

(a)

the areas identified in the strategy as areas which—

(i)

are, or could become, of particular importance for biodiversity, or

(ii)

are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

(b)

the priorities set out in the strategy for recovering or enhancing biodiversity, and

(c)

the proposals set out in the strategy as to potential measures relating to those priorities.

(12)

A spatial development strategy must not—

(a)

include anything that is not permitted or required by or under the preceding provisions of this section,

(b)

specify particular sites where development should take place, or

(c)

be inconsistent with or (in substance) repeat any national development management policy.

(13)

The Secretary of State may prescribe—

(a)

the form of a spatial development strategy;

(b)

documents that must accompany a spatial development strategy.

(14)

In subsection (5) “affordable housing” means—

(a)

social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and

(b)

any other description of housing that may be prescribed.

Spatial development strategy timetable

Timetable for preparing spatial development strategy

12E

(1)

A strategic planning authority must prepare and maintain a document relating to its spatial development strategy, known as a “spatial development strategy timetable”.

(2)

A spatial development strategy timetable must specify—

(a)

the strategy area, and

(b)

a timetable for the preparation of the strategy that is consistent with this Part and any regulations made under it.

(3)

The Secretary of State may prescribe—

(a)

the form and content of a spatial development strategy timetable;

(b)

further matters the timetable must deal with.

Spatial development strategy timetable: further provision

12F

(1)

A strategic planning authority must submit its draft spatial development strategy timetable to the Secretary of State within such period as may be prescribed.

(2)

The Secretary of State may direct the strategic planning authority to make specified amendments to the draft timetable.

(3)

If the Secretary of State has not given such a direction to the strategic planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect.

(4)

A strategic planning authority to which a direction under subsection (2) is given—

(a)

must submit a revised draft spatial development strategy timetable to the Secretary of State within the period specified in the direction, and

(b)

may bring the timetable into effect only when the Secretary of State approves the timetable as revised in accordance with that direction or any further direction under subsection (2).

(5)

If a strategic planning authority—

(a)

does not comply with subsection (1), or

(b)

does not comply with subsection (4)(a),

the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect.

(6)

A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it.

(7)

To bring a spatial development strategy timetable into effect, a strategic planning authority must publish it, together with a statement that the timetable has effect.

(8)

A strategic planning authority must comply with a spatial development strategy timetable that has effect.

(9)

The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect.

(10)

Regulations under subsection (9)—

(a)

may provide that revisions of a spatial development strategy timetable must be approved by the Secretary of State;

(b)

may confer a power to direct that a timetable is to be revised or that revisions require the approval of the Secretary of State.

Preparation and adoption of spatial development strategy

Preparation of draft spatial development strategy

12G

(1)

A strategic planning authority must prepare a draft of its spatial development strategy.

(2)

In doing so, a strategic planning authority must have regard to—

(a)

any strategy, plan or policy published by the strategic planning authority that the strategic planning authority considers to be relevant,

(b)

the effect which the proposed spatial development strategy would have on each of the following—

(i)

the health of persons in the strategy area;

(ii)

health inequalities between persons living in the strategy area;

(iii)

the achievement of sustainable development;

(c)

the need to ensure that the strategy is consistent with current national policies;

(d)

any other prescribed matters.

(3)

In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board.

Consultation and representations

12H

(1)

A strategic planning authority that has prepared a draft spatial development strategy must—

(a)

publish the draft strategy on the authority’s website,

(b)

notify the persons specified in subsection (2) that the draft strategy has been published on the authority’s website, and

(c)

make copies of the draft strategy available for inspection at the authority’s principal office and at any other place that the authority considers appropriate.

(2)

The persons referred to in subsection (1)(b) are—

(a)

the Secretary of State,

(b)

any county council for an area that is within, or any part of which is within, the strategy area,

(c)

any district council for an area that is within the strategy area,

(d)

any county council or district council for an area that adjoins the strategy area and is affected by the strategy,

(e)

any local planning authority for an area that is wholly or partly within, or adjoins, the strategy area and is affected by the strategy,

(f)

the person responsible for preparing a spatial development strategy for an area that adjoins the strategy area and is affected by the strategy,

(g)

such other persons as may be prescribed, and

(h)

such other persons as the strategic planning authority considers appropriate.

(3)

In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—

(a)

voluntary bodies some or all of whose activities benefit the whole or part of the strategy area,

(b)

bodies which represent the interests of different racial, ethnic or national groups in the strategy area,

(c)

bodies which represent the interests of different religious groups in the strategy area, and

(d)

bodies which represent the interests of different persons carrying on business in the strategy area.

(4)

Where a strategic planning authority—

(a)

publishes a draft spatial development strategy as required by subsection (1)(a), or

(b)

makes such a strategy available for inspection as required by subsection (1)(c),

the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.

(5)

A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy.

(6)

An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7).

(7)

Representations must be made—

(a)

in the prescribed form and manner;

(b)

within the prescribed period.

(8)

In subsection (1)—

(a)

references to a strategic planning authority’s website include references to the website of a constituent authority of a strategic planning board;

(b)

the reference to a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board.

Public examination

12I

(1)

A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public.

(2)

Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”).

(3)

The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate.

(4)

The following may take part in an examination—

(a)

the strategic planning authority that prepared the strategy, and

(b)

any person invited to do so by the examiner.

(5)

No person is to have a right to be heard at an examination.

(6)

On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy.

(7)

The report may recommend that specified modifications are made to the draft strategy before it is adopted.

(8)

The report may recommend that the draft strategy is withdrawn.

(9)

The strategic planning authority must publish the report.

Withdrawal before adoption

12J

(1)

A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination.

(2)

Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted).

(3)

The strategic planning authority that prepared the draft strategy may withdraw it only if—

(a)

the Secretary of State so directs, or

(b)

the examiner recommends that it is withdrawn, and the Secretary of State has not directed that it is not to be withdrawn.

(4)

The steps taken by a strategic planning authority to withdraw a draft strategy must include—

(a)

deleting the strategy from the website on which it was published;

(b)

removing copies of the strategy that were made available for inspection;

(c)

notifying the following that the strategy has been withdrawn—

(i)

each person to whom a notification under section 12H(1)(b) was required to be given;

(ii)

any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7).

Submission to Secretary of State before adoption

12K

(1)

This section applies where—

(a)

a draft spatial development strategy has been published under section 12H,

(b)

the prescribed period for the making of representations (see section 12H(7)) has elapsed,

(c)

either—

(i)

the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or

(ii)

no examination of the draft strategy is needed because of a direction under section 12I(1), and

(d)

the draft strategy has not been withdrawn (see section 12J).

(2)

The strategic planning authority must—

(a)

consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result,

(b)

if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and

(c)

consider whether to make any other modifications to take account of—

(i)

any national development management policies so far as material, or

(ii)

any other material considerations.

(3)

After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.

(4)

The strategic planning authority must inform the Secretary of State of—

(a)

any modifications made to the published draft strategy, and the reasons for making them;

(b)

any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them.

(5)

If the Secretary of State considers that a submitted spatial development strategy is—

(a)

inconsistent with current national policies, or

(b)

detrimental to the interests of an area outside the strategy area,

the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.

(6)

In this section “the relevant period”, in relation to a spatial development strategy, means—

(a)

the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or

(b)

such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy.

Adoption of spatial development strategy

12L

(1)

A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section.

(2)

A spatial development strategy must not be adopted by a strategic planning authority unless—

(a)

the relevant period (as defined in section 12K(6)) has elapsed,

(b)

the authority has complied with any requirement of regulations under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and

(c)

if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy.

(3)

A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied.

(4)

Subsection (5) applies in relation to the adoption of a spatial development strategy by—

(a)

a mayoral combined authority, or

(b)

a mayoral combined county authority.

(5)

In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have).

(6)

A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted.

(7)

A spatial development strategy becomes operative when it is published.

Review, alteration and replacement of spatial development strategy

Review and monitoring

12M

(1)

This section applies in relation to an operative spatial development strategy.

(2)

A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy.

(3)

In exercising functions under subsection (2), a strategic planning authority must—

(a)

if the authority identifies matters to be kept under review that relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters;

(b)

if the authority identifies matters to be kept under review that relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters.

(4)

A strategic planning authority must carry out a review of its spatial development strategy from time to time.

(5)

The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy.

(6)

A strategic planning authority must—

(a)

monitor the implementation of its spatial development strategy, and

(b)

monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the strategy.

(7)

The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy—

(a)

a duty to make prescribed information relating to the implementation of the authority’s strategy available to the public in such form and manner as may be prescribed;

(b)

a duty to provide prescribed information relating to the implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed.

Alterations

12N

(1)

This section applies in relation to an operative spatial development strategy.

(2)

A strategic planning authority may at any time prepare alterations of its strategy.

(3)

The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction.

(4)

The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy.

(5)

A spatial development strategy as altered must still conform to section 12D.

(6)

Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy.

Replacement

12O

(1)

This section applies in relation to an operative spatial development strategy.

(2)

A strategic planning authority may at any time prepare a new spatial development strategy as a replacement.

(3)

The Secretary of State may direct a strategic planning authority to replace its spatial development strategy.

(4)

The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy.

(5)

A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part.

Secretary of State’s intervention powers in relation to spatial development strategy

Powers where strategic planning authority is failing etc

12P

(1)

This section applies if the Secretary of State considers that—

(a)

a strategic planning authority is failing to do anything it is necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy,

(b)

a spatial development strategy is, is going to be or may be—

(i)

inconsistent with current national policies, or

(ii)

detrimental to the interests of an area outside the strategy area, or

(c)

a proposed alteration of a spatial development strategy will, or may, result in the strategy becoming—

(i)

inconsistent with current national policies, or

(ii)

detrimental to the interests of an area outside the strategy area.

(2)

The Secretary of State may—

(a)

if the strategy is not operative, take over preparation of the strategy from the strategic planning authority;

(b)

if the strategy is operative, alter the strategy;

(c)

give a direction to the strategic planning authority in relation to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy.

(3)

The power of direction under subsection (2)(c) includes power to direct a strategic planning authority—

(a)

to modify or withdraw its draft spatial development strategy;

(b)

to alter or revoke its (operative) spatial development strategy.

(4)

Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a).

(5)

The Secretary of State must publish a document setting out—

(a)

the timetable for preparing the strategy, and

(b)

details of any departures from any existing spatial development strategy timetable.

(6)

The Secretary of State must (or, if an examination of the draft strategy has already been held, may)—

(a)

make arrangements for an examination of the draft strategy to be held in public, or

(b)

direct the strategic planning authority to make arrangements for an examination of the draft strategy under section 12I.

(7)

Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State.

(8)

The Secretary of State must either—

(a)

publish the examiner’s report, or

(b)

direct the strategic planning authority to publish it.

(9)

The Secretary of State may then—

(a)

approve the strategy,

(b)

modify the strategy and approve it with the modifications,

(c)

direct the strategic planning authority to consider adopting—

(i)

the strategy, or

(ii)

the strategy as modified by the Secretary of State, or

(d)

reject the strategy.

(10)

If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received).

(11)

If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either—

(a)

publish the strategy, or

(b)

direct the strategic planning authority to publish it.

(12)

The spatial development strategy becomes operative when it is published.

(13)

Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a).

(14)

The Secretary of State must give reasons for—

(a)

whatever the Secretary of State does under subsection (2);

(b)

the decision made under subsection (9).

(15)

In the exercise of any function under this section the Secretary of State—

(a)

may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and

(b)

must have regard to—

(i)

the spatial development strategy timetable, and

(ii)

the local plan timetable prepared by a local planning authority for an area that is wholly or partly within the strategy area.

(16)

In subsection (15)(b)(ii) “local plan timetable” is to be construed in accordance with section 15B.

Power to approve strategy where adoption resolution not passed

12Q

(1)

This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy.

(2)

The Secretary of State may, if the Secretary of State considers it appropriate—

(a)

approve the strategy, or

(b)

modify the strategy and approve it with the modifications.

(3)

The powers in subsection (2) are exercisable—

(a)

on the Secretary of State’s own initiative, or

(b)

in the case of a strategy prepared by a mayoral combined authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers.

(4)

The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023).

(5)

The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority—

(a)

for anything the Secretary of State does under subsection (2), or

(b)

if the Secretary of State declines to approve the strategy, for that decision.

(6)

If the Secretary of State approves a spatial development strategy under subsection (2) the Secretary of State must either—

(a)

publish the strategy, or

(b)

direct the strategic planning authority to publish it.

(7)

The spatial development strategy becomes operative when it is published.

(8)

In making a decision under this section the Secretary of State may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority).

Liability for Secretary of State’s costs of intervention

12R

(1)

The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy.

(2)

Where the strategic planning authority is a strategic planning board, subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable.

Temporary direction pending possible use of intervention powers

12S

(1)

If the Secretary of State is considering whether to take action under section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy—

(a)

until a time or event (if any) specified in the direction, or

(b)

until the direction is revoked.

(2)

A spatial development strategy to which such a direction relates is not operative while the direction is in force.

(3)

A direction given under this section in relation to a strategy ceases to have effect if the Secretary of State—

(a)

gives a direction under section 12P(2)(c) or (9)(c) in relation to the strategy, or

(b)

approves the strategy under section 12P(9)(a) or (b).

Supplementary

Supplementary etc provision in connection with regulations about strategic planning boards

12T

(1)

The Secretary of State may by regulations make supplementary, incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations.

(2)

Where, immediately before strategic planning board regulations establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board.

(3)

Where a strategic planning board has an operative spatial development strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities.

(4)

In this section “strategic planning board regulations” means regulations under section 12B(2).

Regulations

12U

(1)

The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part.

(2)

The regulations may (among other things) make provision as to—

(a)

the procedure to be followed in connection with the preparation, adoption, publication, review, withdrawal, alteration or replacement of a spatial development strategy or in connection with a review under section 12M(2);

(b)

the remuneration and allowances payable to a person appointed to conduct a public examination (under section 12I or as mentioned in section 12P(6)(a));

(c)

the supply of information or documents to the Secretary of State by a strategic planning authority for the purposes of any decision that the Secretary of State may make under this Part;

(d)

the determination of the time by or at which anything must be done for the purposes of this Part;

(e)

the manner of publication of any document required to be published under this Part;

(f)

the making of reasonable charges for the provision of copies of documents required by or under this Part.

(3)

Regulations under this Part may make different provision for different areas.

Directions

12V

(1)

A direction given to a strategic planning authority under this Part may—

(a)

require the authority to do specified things by specified dates;

(b)

require the authority to keep the Secretary of State informed at specified intervals of the progress being made towards doing what the authority is directed to do.

(2)

A direction under this Part must be given in writing.

(3)

A direction under this Part may be varied or revoked by notice in writing to the strategic planning authority to which it was given.

(4)

A direction under this Part must be published.

Meaning of “spatial development strategy” etc

12W

(1)

In this Part “spatial development strategy” means, as the context requires—

(a)

a strategy adopted by a strategic planning authority under section 12L,

(b)

a strategy approved by the Secretary of State under section 12P(9)(a) or (b) or 12Q(2)(a) or (b), or

(c)

a strategy in preparation by a strategic planning authority in accordance with this Part.

(2)

In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)—

(a)

“spatial development strategy” includes—

(i)

the spatial development strategy for London,

(ii)

a spatial development strategy adopted by a combined authority in accordance with regulations under section 105A of the Local Democracy, Economic Development and Construction Act 2009, and

(iii)

a spatial development strategy adopted by a combined county authority in accordance with regulations under section 19 of the Levelling-up and Regeneration Act 2023; and

(b)

“person responsible for preparing a spatial development strategy” is to be read accordingly.

(3)

For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised.

Interpretation

12X

(1)

In this Part—

• “combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “constituent authority”, in relation to a strategic planning board, is to be construed in accordance with section 12B;

• “examination” means an examination in public of a draft spatial development strategy as set out in section 12I, and “examiner” is to be construed accordingly;

• “mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;

• “mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;

• “national development management policy” must be construed in accordance with section 38ZA;

• “principal authority” has the meaning given by section 12A(7);

• “spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;

• “spatial development strategy timetable” has the meaning given by section 12E;

• “strategic planning authority” has the meaning given by section 12A;

• “strategic planning board” has the meaning given by section 12B;

• “strategy area” has the meaning given by section 12A(4);

• “unitary authority” means—

  1. (a)

     a county council for an area that does not include the areas of district councils, or

  2. (b)

     a district council for an area that does not form part of the area of a county council;

• “upper-tier county council” means a county council for an area that includes the areas of district councils.

(2)

In this Part—

(a)

“local planning authority” has the same meaning as in Part 2 (see section 15LF);

(b)

references to a local planning authority’s area are to the area for which they are the local planning authority in accordance with that Part.”

In section 334 of the Greater London Authority Act 1999—

Schedule 2 makes minor and consequential amendments in connection with subsection (1).

The Secretary of State may by regulations by statutory instrument make provision that is consequential on subsection (1).

Regulations under subsection (4) may amend an Act passed before the end of the session of Parliament in which this Act is passed.

Regulations under subsection (4) may include incidental, supplemental, transitional and saving provision.

A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (5) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Any other statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.