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The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010

S.I. 2010/602 · Made 1 March 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2012.

Town And Country Planning, England

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 2009f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2009 c. 20.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Town and Country Planning (General Development Procedure) Order 1995 Repealed
  3. 3Amendments to the Town and Country Planning (Development Plan) (England) Regulations 1999
  4. 4Amendments to the Town and Country Planning (Local Development) (England) Regulations 2004 Repealed
  5. 5Amendment to the Town and Country Planning (Isles of Scilly) Order 2005
  6. 6Amendments to the Town and Country Planning (Mayor of London) Order 2008
  7. 7Amendments to the Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008
  8. 8Amendments to the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009
  9. 9Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
  10. 10Revocations
  11. Signature
  12. Explanatory note

1Citation and commencementI1

(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.

2Amendments to the Town and Country Planning (General Development Procedure) Order 1995F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Amendments to the Town and Country Planning (Development Plan) (England) Regulations 1999I1

(1)

The Town and Country Planning (Development Plan) (England) Regulations 1999f1 are 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”.

4Amendments to the Town and Country Planning (Local Development) (England) Regulations 2004F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendment to the Town and Country Planning (Isles of Scilly) Order 2005I1

Article 4(2) (exceptions, adaptations and modifications) of the Town and Country Planning (Isles of Scilly) Order 2005f1 is omitted.

6Amendments to the Town and Country Planning (Mayor of London) Order 2008I1

(1)

The Town and Country Planning (Mayor of London) Order 2008f1 is 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).”.

7Amendments to the Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008I1

(1)

The Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008f1 are amended as follows.

(2)

In regulation 20 (modifications relevant to regional functions)—

(a)

in paragraph (1) for “Part 1 of the 2004 Act (regional functions)” substitute “Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy)”;

(b)

in paragraph (1)(a) for “section 4(4) (assistance from certain local authorities)” substitute “section 71(3) (Leaders’ Boards)”; and

(c)

in paragraph (1)(b) for “section 4(4)” substitute “section 71(3)”.

8Amendments to the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009I1

(1)

The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definition of “regional planning body”; and

(b)

after the definition of “relevant Northern Ireland department” insert—

““responsible regional authority” has the same meaning as in section 72 of the Local Democracy, Economic Development and Construction Act 2009 (responsible regional authorities);”.

(3)

In regulation 3(3)(d) (consultation) for “Regional planning bodies” substitute “responsible regional authorities”.

9Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009I1

(1)

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

omit the definition of “Regional Planning Body”; and

(b)

after the definition of “replacement land” insert—

““responsible regional authority” has the same meaning as in section 72 of the Local Democracy, Economic Development and Construction Act 2009 (responsible regional authorities);”.

(3)

In Schedule 1 for “Regional Planning Body” substitute “responsible regional authority”.

10RevocationsI1

The following statutory instruments are revoked—

(a)

the Town and Country Planning (Regional Planning) (England) Regulations 2004f1;

(b)

the Town and Country Planning (Initial Regional Spatial Strategy) (England) Regulations 2004f2;

(c)

the Town and Country Planning (Regions) (National Parks) (England) Order 2004f3;

(d)

the Town and Country Planning (Regional Planning Guidance as Revision of Regional Spatial Strategy) Order 2004f4; and

(e)

the Town and Country Planning (Regions) (New Forest National Park) (England) Order 2007f5.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Rosie Winterton

Minister of State

Department for Communities and Local Government

1st March 2010

Explanatory note

(This note is not part of the Order)

This Order makes consequential amendments in connection with the commencement of Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (c. 20) (regional strategy). No impact assessment has been produced for this Order as no impact on the private or voluntary sectors is foreseen.