The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

Article 38

SCHEDULE 5 Spatial development strategy

PART 1 Modification of the application of Part 8 of the 1999 Act

1.—(1) Part 8 of the 1999 Act (planning) is modified in accordance with the following provisions.

(2) Part 8 of the 1999 Act has effect as if—

(a) sections 344 (amendments of the Town and Country Planning Act 1990), 345 (Town and Country Planning Act 1990: costs of appeals) and 349 (abolition of joint planning committee for Greater London) were omitted;

(b) for each reference to—

(i) “Greater London” there were substituted a reference to “the Combined Area”;

(ii) “the Mayor” there were substituted a reference to “the Combined Authority”;

(iii) “he” there were substituted a reference to “the Combined Authority”, save for the reference in section 337(6) (publication);

(iv) “under section 343” there were substituted “relating to the Combined Authority under section 343”.

(3) Section 334 of the 1999 Act (the spatial development strategy) has effect as if—

(a) in subsection (3) for “his” there were substituted “its”;

(b) for subsection (4) there were substituted—

“(4) The spatial development strategy must include statements dealing with the general spatial development aspects of such of the Combined Authority’s other policies or proposals as involve considerations of spatial development.”.

(4) Section 335 of the 1999 Act (public participation) has effect as if—

(a) in subsection (2)(a) for “his” there were substituted “its”;

(b) subsection (3)(aa) were omitted;

(c) in subsection (3)(b), for “London borough council” there were substituted “constituent council”;

(d) in subsection (4), for the words from “bodies of each” to the end there were substituted—

“—

(a) voluntary bodies some or all of whose activities benefit the whole or part of the Combined Area;

(b) bodies which represent the interests of different racial, ethnic or national groups in the Combined Area;

(c) bodies which represent the interests of different religious groups in the Combined Area; and

(d) bodies which represent the interests of different persons carrying on business in the Combined Area.”;

(e) for subsection (8) there were substituted—

“(8) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations relating to the Combined Authority made under section 343 below.”.

(5) Section 336 of the 1999 Act (withdrawal) has effect as if in subsection (3)—

(a) paragraph (a) were omitted; and

(b) paragraph (b) were omitted.

(6) Section 338 of the 1999 Act (examination in public) has effect as if in subsection (9) for “The Authority” there were substituted “The North East Mayor”.

(7) Section 339 (review of matters affecting the strategy) has effect as if in subsection (2) for “his” there were substituted “its”.

(8) Section 342 of the 1999 Act (matters to which the Mayor is to have regard) has effect as if—

(a) for subsection (1) there were substituted—

“(1) In exercising its functions under the preceding provisions of this Part, the Combined Authority must have regard to—

(a) the National Planning Policy Framework;

(b) the effect that the proposed spatial development strategy or revision would have on—

(i) the health of persons in the Combined Area;

(ii) health inequalities between persons living in the Combined Area;

(iii) the achievement of sustainable development in the United Kingdom;

(iv) climate change and the consequences of climate change;

(v) the need to ensure that the strategy is consistent with national policies; and

(c) such other matters as the Secretary of State may prescribe.”; and

(b) subsection (2) were omitted.

(9) Section 347 of the 1999 Act (functional bodies to have regard to the strategy) has effect as if for that section there were substituted—

“Constituent councils to have regard to the strategy

347.   In exercising any function, each of the constituent councils and the Combined Authority must have regard to the spatial development strategy, but this is without prejudice to section 24 of the Planning and Compulsory Purchase Act 2004 as modified by Part 2 of Schedule 5 to the North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (which requires certain documents of a constituent council to be in general conformity with the strategy).”.

(10) Section 348 of the 1999 Act (Mayor’s functions as to planning around Greater London) has effect as if—

(a) in subsections (1), (2) and (3) for “his” there were substituted “its”;

(b) in subsection (3), for “London borough councils” there were substituted “constituent councils”; and

(c) in subsection (4), for “the Authority” there were substituted “the Combined Authority”.

(11) Section 350 of the 1999 Act (interpretation of Part 8) has effect as if—

(a) the following definitions were inserted, in the appropriate places—

““the Combined Area” means the area of the Combined Authority as specified in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;”;

““the Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;”;

““constituent councils” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;”;

““the North East Mayor” is the person elected to the position established by article 14 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;”;

(b) subsection (2) were omitted.

PART 2 Modification of the application of the 2004 Act

2.—(1) Sections 19 (preparation of local development documents), 24 (conformity with regional strategy), 37 (interpretation), 38 (development plan) and 113 (validity of strategies, plans and documents) of the 2004 Act are modified in accordance with the following provisions.

(2) Section 19 of the 2004 Act has effect as if for subsection (2)(c) there were substituted—

“(c) the spatial development strategy if the authority is a constituent council of the Combined Authority or if any of the authority’s area adjoins the Combined Area;”.

(3) Section 24 of the 2004 Act has effect as if—

(a) for subsection (1)(b) there were substituted—

“(b) the spatial development strategy if the authority is a constituent council of the Combined Authority.”;

(b) after subsection (4) there were inserted—

“(4A) A local planning authority which is a constituent council of the Combined Authority—

(a) must request the opinion in writing of the Combined Authority as to the general conformity of a development plan document with the spatial development strategy;

(b) may request the opinion in writing of the Combined Authority as to the general conformity of any other local development document with the spatial development strategy.”;

(c) after subsection (5) there were inserted—

“(5A) The Combined Authority may give an opinion as to the general conformity of a local development document with the spatial development strategy irrespective of whether a request is made under subsection (4A).”; and

(d) in subsection (7) for each reference to “the Mayor” there were substituted “the North East Mayor”.

(4) Section 37 of the 2004 Act has effect as if after subsection (6A)(1) there were inserted—

“(6B) In relation to the Combined Authority, in this section—

“Combined Area” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

“the Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

“constituent council” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

“the North East Mayor” is the person elected to the position of Mayor by virtue of article 14 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

“spatial development strategy”, in relation to the Combined Authority, means a strategy established by the Combined Authority in exercise of powers under article 37 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.”.

(5) Section 38 of the 2004 Act has effect as if—

(a) after subsection (2) there were inserted—

“(2A) For the purposes of any area in the Combined Area the development plan is—

(a) the spatial development strategy;

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area; and

(c) the neighbourhood development plans which have been made in relation to that area.”;

(b) after subsection (10) there were inserted—

“(11) In this section—

“Combined Area” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

“the Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

“spatial development strategy”, in relation to the combined authority, means a strategy established by the Combined Authority in exercise of powers under article 37 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.”.

(6) Section 113 of the 2004 Act has effect as if—

(a) in subsection (1)(f), after “the Mayor of London’s”, there were inserted “, or the Combined Authority’s,”;

(b) in subsection (11)(e), after “the Mayor of London”, there were inserted “, or the Combined Authority,”;

(c) after subsection (12), there were inserted—

“(12A) In this section “the Combined Authority” means the combined authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.”.

(1)

Section 37(6A) was inserted by section 85 of, and paragraph 17 of Schedule 5 to, the 2009 Act.