http://www.legislation.gov.uk/id/uksi/2017/430

PART 2Planning

Spatial development strategy3.

(1)

The Combined Authority shall have, in relation to the Area, functions corresponding to functions in the 1999 Act that the Mayor of London has in relation to Greater London, which are specified in the following provisions in the 1999 Act—

(a)

section 334 (the spatial development strategy);

(b)

section 335 (public participation)21;

(c)

section 336 (withdrawal);

(d)

section 337 (publication)22;

(e)

section 338 (examination in public)23;

(f)

section 339 (review of matters affecting the strategy);

(g)

section 340 (reviews of the strategy);

(h)

section 341 (alteration or replacement)24;

(i)

section 342 (matters to which the Mayor is to have regard);

(j)

section 346 (monitoring and data collection)25; and

(k)

section 348 (mayor’s functions as to planning around Greater London).

(2)

The exercise by the Combined Authority of the functions corresponding to the functions in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act requires a unanimous vote in favour by all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the Combined Authority.

Adaptation of enactments in consequence of article 34.

(1)

This article has effect in consequence of article 3(1).

(2)

Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 1.

(3)

Sections 343 (regulations) and 420 of the 1999 Act (orders and regulations) apply in relation to the functions of the Secretary of State to make regulations by statutory instrument under section 343(1) with respect to all or any of the following —

(a)

the form and content of the spatial development strategy published by the Combined Authority;

(b)

the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;

(c)

the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 1; and

(d)

the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4)

Subject to paragraph (6) and to Schedule 1, in any enactment passed or made on or before 8th May 2017—

(a)

any reference to a spatial development strategy, or

(b)

any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the function conferred by article 3(1).

(5)

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 Act26 apply in relation to the preparation and publication of a spatial development strategy by the Combined Authority as they apply in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 2 of Schedule 1.

(6)

Paragraph (4) does not apply to—

(a)

section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)27;

(b)

section 356A of the 1999 Act (London Waste and Recycling Board)28;

(c)

section 10 of the London Olympic Games and Paralympic Games Act 200629; and

(d)

the Town and Country Planning (London Spatial Development Strategy) Regulations 200030.

Planning applications of potential strategic importance5.

(1)

The Combined Authority shall have, in relation to the Area, functions corresponding to the following functions that the Mayor of London has in relation to Greater London—

(a)

section 2A of the 1990 Act (the Mayor of London: applications of potential strategic importance)31;

(b)

section 2B of the 1990 Act (section 2A: supplementary provisions)32;

(c)

section 2C of the 1990 Act (matters reserved for subsequent approval)33;

(d)

section 2E of the 1990 Act (section 2A and planning obligations under section 106)34;

(e)

section 2F of the 1990 Act (representation hearings)35;

(f)

section 74 of the 1990 Act (directions etc. as to method of dealing with applications)36;

(g)

the 2008 Order.

(2)

Sections 2A, 2B, 2C, 2D, 2E and 2F of the 1990 Act and the 2008 Order apply in relation to the consideration of applications of potential strategic importance by the Combined Authority as they apply in relation to the consideration of applications of potential strategic importance by the Mayor of London.

(3)

In section 2A(3)(a) of the 1990 Act as applied by paragraph (2) the references to “Greater London” are to be read as references to “the Area”.

(4)

The provisions in section 333 of the 1990 Act (orders and regulations) apply in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Combined Authority, as it applies in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Mayor of London 37.

(5)

The provisions in the 2008 Order apply in relation to the Combined Authority’s power to direct that applications for planning permission of potential strategic importance must be determined by the Combined Authority in place of the local planning authority as they apply in relation to the Mayor of London’s power to direct that applications for planning permission of potential strategic importance must be determined by the Mayor of London in place of the local planning authority.

(6)

The 2008 Order shall have effect as if—

(a)

for every reference to “the Mayor” there were substituted “the Combined Authority”;

(b)

article 3 were omitted;

(c)

in article 6—

(i)

every reference to “Greater London” is to be read as a reference to “the Area”,

(ii)

in paragraph (2)(a) for “the Greater London Authority” there were substituted “the Combined Authority”, and

(iii)

paragraph (2)(c) and (f) were omitted; and

(d)

for Parts 1, 2 and 3 of the Schedule to the 2008 Order there were substituted Parts 1, 2 and 3 in Schedule 2.