The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

Article 4

SCHEDULE 1 E+W Spatial development strategy

PART 1 E+W Modification of Part 8 of the 1999 Act

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

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

(a) sections 344, 345 and 349 were omitted;

(b) for every reference to—

(i) “Greater London” there were a reference to “the Liverpool City Region”;

(ii) “the Mayor” there were a reference to “the Combined Authority”, save for section 338(7);

(iii) “he” there were a reference to “the Combined Authority”, save for 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) shall have 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) shall have 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 after “include” to the end of the subsection there were substituted—

“—

(a) voluntary bodies some or all of whose activities benefit the whole or part of the Liverpool City Region;

(b) bodies which represent the interests of different racial, ethnic or national groups in the Liverpool City Region;

(c) bodies which represent the interests of different religious groups in the Liverpool City Region; and

(d) bodies which represent the interests of different persons carrying on business in the Liverpool City Region.”.

(5) Section 336 of the 1999 Act (withdrawal) shall have effect as if —

(a) in subsection (3)—

(i) paragraph (a) were omitted; and

(ii) paragraph (b) were omitted.

(6) Section 338(9) of the 1999 Act (examination in public) shall have effect as if for “Authority” there were substituted “Combined Authority”.

(7) Section 339 (review of matters affecting the strategy) shall have 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) shall have 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 shall 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 Liverpool City Region;

(ii) health inequalities between persons living in the Liverpool City Region;

(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 the EU obligations of the United Kingdom; and

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

(b) subsection (2) were omitted.

(9) Section 347 of the 1999 Act (functional bodies to have regard to the strategy), shall have effect as if 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 shall 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 1 to the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (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) shall have 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 “Authority” there were substituted “Combined Authority”.

(11) Section 350 of the 1999 Act (interpretation of Part VIII) shall have effect as if —

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

““constituent councils” means the councils for the local government areas of Halton, Knowsley, Liverpool, St Helens, Sefton, and Wirral;”;

““the Combined Authority” means the Liverpool City Region Combined Authority;”;

““the Liverpool City Region” means the area of the Combined Authority;”;

““Mayor of the Liverpool City Region” is the person elected to the position established by article 3 of the Halton, Knowsley, Liverpool, St Helens, Sefton, and Wirral Combined Authority (Election of Mayor) Order 2016;”; and

(b) subsection (2) were omitted.

Commencement Information

I1 Sch. 1 para. 1 in force at 17.3.2017, see art. 1(2)

F1 PART 2 E+W Modification of the 2004 Act

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Textual Amendments

F1 Sch. 1 Pt. 2 omitted (25.3.2026) by virtue of The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 20(4)

Article 5(6)(d)

SCHEDULE 2 E+W Modifications to the Town and Country Planning (Mayor of London) Order 2008: substituted Parts of Schedule to the Order regarding planning applications of potential strategic importance

Commencement Information

I2 Sch. 2 in force at 17.3.2017, see art. 1(2)

“PART 1 E+W Large scale developments

Category 1A

Development which—

(a) comprises or includes the provision of more than 500 houses, flats, or houses and flats; or

(b) comprises or includes the provision of flats or houses and the development occupies more than 10 hectares.

Category 1B

Development (other than development which only comprises the provision of houses, flats, or houses and flats) which comprises or includes the erection of a building or buildings with a total floorspace of more than 30,000 square metres.

Category 1C

Development which comprises or includes the erection of a building more than 30 metres high.

PART 2 E+W Major infrastructure

Category 2A

1.   Development which comprises or includes mining operations where the development occupies more than 10 hectares.

2.   In paragraph 1 “mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working.

Category 2B

1.   Waste development to provide an installation with capacity for a throughput of more than 50,000 tonnes per annum of waste produced outside the land in respect of which planning permission is sought.

2.   In paragraph 1 “waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing or disposing of refuse or waste materials.

Category 2C

Development to provide—

(a) an aircraft runway;

(b) a heliport (including a floating heliport or a helipad on a building);

(c) an air passenger terminal at an airport;

(d) a railway station;

(e) a tramway, an underground, surface or elevated railway, or a cable car;

(f) a bus or coach station;

(g) a crossing over or under the River Mersey; or

(h) a passenger pier on the River Mersey.

PART 3 E+W Development which may affect strategic policies

Interpretation

1.   In this Part land shall be treated as used for a particular use if—

(a) it was last used for that use, or

(b) it is allocated for that use in—

(i) the development plan in force in the area in which the application site is situated,

(ii) proposals for such a plan, or

(iii) proposals for the alteration or replacement of such a plan.

Category 3A

1.   Development which is likely to—

(a) result in the loss of more than 200 houses, flats, or houses and flats (irrespective of whether the development would entail also the provision of new houses or flats); or

(b) prejudice the residential use of land which exceeds 4 hectares and is used for residential use.

Category 3B

Development—

(a) which occupies more than 4 hectares of land which is used for a use within Class B1 (business), B2 (general industrial) or B8 (storage or distribution) of the Use Classes Order(1); and

(b) which is likely to prejudice the use of that land for any such use.

Category 3C

1.   Development which is likely to prejudice the use as a playing field of more than 2 hectares of land which—

(a) is used as a playing field at the time the relevant application for planning permission is made, or

(b) has at any time in the five years before the making of the application been used as a playing field.

2.   In paragraph 1 “playing field” has the same meaning as in paragraph 1(j) of the notes to Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595).

Category 3D

Development—

(a) on land allocated as Green Belt or Metropolitan Open Land in the development plan, in proposals for such a plan, or in proposals for the alteration or replacement of such a plan; and

(b) which would involve the construction of a building with a floorspace of more than 1,000 square metres or a material change in the use of such a building.

Category 3E

Development which does not accord with one or more provisions of the development plan in force in the area in which the application site is situated and—

(a) comprises or includes the provision of more than 2,500 square metres of floorspace for a use falling within any of the following Classes in the Use Classes Order—

(i) class A1 (retail);

(ii) class A2 (financial and professional);

(iii) class A3 (food and drink);

(iv) class B1 (business);

(v) class B2 (general industrial);

(vi) class B8 (storage and distribution);

(vii) class C1 (hotels);

(viiii) class C2 (residential institutions);

(ix) class D1 (non-residential institutions);

(x) class D2 (assembly and leisure); or

(b) comprises or includes the provision of more than 150 houses or flats or houses and flats.

Category 3F

Development for a use, other than residential use, which includes the provision of more than 200 car parking spaces in connection with that use.”

Article 9(3)

F2 SCHEDULE 3 E+W Housing and Regeneration

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Textual Amendments

F2 Sch. 3 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 17(8)

Article 11(1)

F3 SCHEDULE 4 E+W Modification of the application of the 2011 Act

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Textual Amendments

F3 Sch. 4 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 17(9)

(1)

See Article 2(1) of the 2008 Order for the definition of “the Use Classes Order”.