F1Part 1AStrategic plan-making

Preparation and adoption of spatial development strategy

12LAdoption of spatial development strategy

(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.

F2(4)

Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by—

(a)

a combined authority, or

(b)

a combined county authority.

(4A)

In the case of a non-mayoral combined authority or non-mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority.

(4B)

In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.

(4C)

But if—

(a)

the office of mayor is vacant, and

(b)

there is no deputy mayor,

the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority.

(4D)

In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority—

(a)

each constituent member has one vote;

(b)

in the case of a tied vote—

(i)

no person has a casting vote; and

(ii)

the authority must be regarded as having disagreed to the question that the decision should be made.

(5)

In the case of a resolution of a mayoral combined authority or mayoral combined county authority—

(a)

each relevant member has one vote;

(b)

in the event of a tied vote then (unless it is a case where subsection (4C) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have).

(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.

F3(8)

In this section—

“constituent member”, in relation to a combined authority or combined county authority—

(a)

means a person appointed by a constituent council to be a member of the authority; and

(b)

also includes a person acting as a member of the authority in the absence of such a member;

and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority);

“relevant member”, in relation to mayoral combined authority or mayoral combined county authority means—

(a)

a constituent member, or

(b)

the mayor,

and also includes the deputy mayor acting in place of the mayor.