Greater London Authority Act 1999

The Mayor’s spatial development strategy

334 The spatial development strategy

(1) The Mayor shall prepare and publish a document to be known as the “spatial development strategy”.

(2) The spatial development strategy must include a statement formulating the Mayor’s strategy for spatial development in Greater London.

(3) For the purposes of this Part, the Mayor’s strategy for spatial development includes his general policies in respect of the development and use of land in Greater London.

(4) The spatial development strategy must include statements dealing with the general spatial development aspects of—

(a) such of the other strategies prepared and published, or to be prepared and published, under the enactments mentioned in section 41(1) above as involve considerations of spatial development, and

(b) such of the Mayor’s other policies or proposals as involve such considerations,

whether or not the strategy, policy or proposal relates to the development or use of land.

(5) The spatial development strategy must deal only with matters which are of strategic importance to Greater London.

(6) In determining for the purposes of this Part whether a matter is of strategic importance to Greater London, it is immaterial whether or not the matter affects the whole area of Greater London.

(7) The spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed by regulations under section 343 below.

(8) The spatial development strategy may make different provision for different cases or for different parts of Greater London.

335 Public participation

(1) When preparing the spatial development strategy, the Mayor shall—

(a) prepare a draft of his proposals for the spatial development strategy;

(b) make that draft available to the Assembly and the functional bodies; and

(c) consult the Assembly and the functional bodies about the proposals.

(2) After the consultation required by subsection (1)(c) above and before finally determining the contents of the spatial development strategy, the Mayor shall—

(a) prepare a draft of his proposed spatial development strategy;

(b) make copies available for inspection at such places as may be prescribed by regulations under section 343 below;

(c) send a copy to each of the bodies and persons specified in subsection (3) below;

(d) comply with any requirements imposed by regulations under section 343 below; and

(e) consider any representations made in accordance with the regulations.

(3) The bodies and persons mentioned in subsection (2)(c) above are—

(a) the Secretary of State;

(b) every London borough council;

(c) the council of any county or district whose area adjoins Greater London and is affected by the proposed spatial development strategy;

(d) such other persons or bodies as may be prescribed by regulations under section 343 below; and

(e) any other body to which, or person to whom, the Mayor considers it appropriate to send a copy.

(4) In determining the bodies to which or persons to whom it is appropriate to send a copy of the strategy under subsection (3)(e) above (if any), the bodies to which and the persons to whom the Mayor considers sending a copy must include bodies of each of the descriptions specified in section 32(3) above.

(5) Each copy made available for inspection or sent under subsection (2) above shall be accompanied by a statement of the prescribed period within which representations may be made to the Mayor.

(6) The persons who may make representations in accordance with the regulations include, in particular, the bodies and persons specified in subsection (3) above.

(7) In this Part “representations made in accordance with the regulations” means representations made—

(a) in accordance with regulations made under section 343 below; and

(b) within the prescribed period.

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

336 Withdrawal

(1) The proposed spatial development strategy prepared under section 335(2)(a) above may be withdrawn by the Mayor at any time before he publishes the spatial development strategy.

(2) On the withdrawal of the proposed spatial development strategy, the Mayor shall—

(a) withdraw the copies made available for inspection in accordance with section 335 above; and

(b) give notice that the proposed spatial development strategy has been withdrawn to every body or person falling within subsection (3) below.

(3) Those bodies and persons are—

(a) the Assembly;

(b) each of the functional bodies;

(c) each of the bodies and persons specified in section 335(3) above; and

(d) every body which, or person who, made representations in accordance with the regulations.

(4) This section does not affect the duty to prepare and publish a spatial development strategy in accordance with the provisions of this Part.

337 Publication

(1) Subject to the following provisions of this section, the Mayor may publish the spatial development strategy.

(2) The spatial development strategy published by the Mayor must be in the form of the proposed spatial development strategy under section 335(2)(a) above, either as originally prepared or as modified to take account of—

(a) any representations made in accordance with the regulations;

(b) any direction given under subsection (7) below and not withdrawn;

(c) any report made under section 338 below by a person conducting an examination in public; or

(d) any other material considerations.

(3) Subsection (2) above is subject to the following provisions of this section.

(4) The spatial development strategy must not be published by the Mayor until after—

(a) he has considered any representations made in accordance with the regulations, or

(b) if no such representations are made, the expiry of the prescribed period,

and, in either case, if an examination in public is to be held under section 338 below, must not be published until after the report of the person or persons conducting the examination in public has been made to the Mayor.

(5) The provision that may be made by regulations under section 343 below includes provision prohibiting publication of the spatial development strategy until such further procedures as may be prescribed have been complied with.

(6) If at any time it appears to the Secretary of State that it is expedient to do so for the purpose of avoiding—

(a) any inconsistency with current national policies or relevant planning guidance, or

(b) any detriment to the interests of an area outside Greater London,

he may, at any time before the Mayor has published the spatial development strategy, give the Mayor a direction under subsection (7) below.

(7) A direction under this subsection is a direction to the Mayor not to publish the spatial development strategy except in a form which includes modifications to the proposed spatial development strategy in such respects as are indicated in the direction, in order to—

(a) remove the inconsistency mentioned in subsection (6)(a) above; or

(b) avoid the detriment mentioned in subsection (6)(b) above.

(8) Where a direction under subsection (7) above is given to the Mayor, the Mayor must not publish the spatial development strategy unless—

(a) he satisfies the Secretary of State that he has made the modifications necessary to conform with the direction; or

(b) the direction is withdrawn.

(9) Subject to the following provisions of this Part, the spatial development strategy shall become operative on the date on which it is published by the Mayor.

(10) For the purposes of this section “relevant regional planning guidance” means any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London.

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

338 Examination in public

(1) Before publishing the spatial development strategy, the Mayor shall, unless the Secretary of State otherwise directs, cause an examination in public to be held.

(2) The following provisions of this section have effect in relation to an examination in public under subsection (1) above.

(3) An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.

(4) The matters examined at an examination in public shall be such matters affecting the consideration of the spatial development strategy as the person or persons conducting the examination in public may consider ought to be so examined.

(5) The person or persons conducting an examination in public shall make a report to the Mayor.

(6) No person shall have a right to be heard at an examination in public.

(7) The following may take part in an examination in public—

(a) the Mayor; and

(b) any person invited to do so by the person or persons conducting the examination in public.

(8) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.

(9) The Authority shall defray—

(a) the fees and expenses of the person appointed to conduct an examination in public; and

(b) any other costs of holding an examination in public.

(10) An examination in public—

(a) shall constitute a statutory inquiry for the purposes of section l(l)(c) of the [1992 c. 53.] Tribunals and Inquiries Act 1992 (administration provisions involving the holding of a statutory inquiry); but

(b) shall not constitute such an inquiry for any other purpose of that Act.