The Town and Country Planning (Spatial Development Strategy) (Coronavirus) (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (London Spatial Development Strategy) Regulations 2000 (S.I. 2000/1491) (“the 2000 Regulations”) and the Combined Authorities (Spatial Development Strategy) Regulations 2018 (S.I. 2018/827) (“the 2018 Regulations”). They come into force on 12th August 2020.

Regulation 2 inserts a new Part 5 into the 2000 Regulations. Part 5 makes temporary modifications to Parts 2 and 3 of the 2000 Regulations which are needed as a result of the effects of the coronavirus pandemic. The modifications will apply during the period beginning with 12th August 2020 and ending with 31st December 2020.

New regulation 15 modifies regulation 9(3)(c) of the 2000 Regulations to provide that the Mayor of London is required to make his spatial development strategy (and the other documents listed in paragraph (3)(c)) available for inspection on the website of the Greater London Authority (“the GLA”).

New regulation 16 similarly modifies regulation 11 of the 2000 Regulations to provide that where a direction given by the Secretary of State is required to be made available for inspection under regulation 11(1), this is to be on the GLA’s website. It also temporarily disapplies regulation 11(3), which requires copies of documents to be made available on request, if the document is available for inspection on the GLA’s website.

New regulation 16 also modifies regulation 11(4) to provide that where a spatial development strategy is made available on the GLA’s website under regulation 9(3)(c) it is to remain so available, whilst these temporary modifications are in place, until such time as it is altered or replaced.

New regulation 17 temporarily disapplies regulation 12 of the 2000 Regulations.

New regulation 18 makes minor modifications to Form 3 (notice of publication of the spatial development strategy) in the Schedule to the 2000 Regulations to reflect that the strategy would be available for inspection on the GLA’s website (rather than at premises).

New regulation 19 makes transitional provision to provide that where the Mayor of London publishes a spatial development strategy during the period in which the temporary modifications apply, after this period has ended, he is required to comply with regulation 12(1) of the 2000 Regulations.

Regulation 3 inserts a new Part 4 into the 2018 Regulations. Part 4 makes temporary modifications to Parts 2 and 3 of the 2018 Regulations which are again needed as a result of the effects of the coronavirus pandemic. The modifications will apply during the period beginning with 12th August 2020 and ending with 31st December 2020.

New regulation 14 modifies regulation 7(1) and (3) of the 2018 Regulations to require a proposed spatial development strategy to be made available on the combined authority’s website and the website of the local planning authority for each constituent council of the combined authority. Regulation 7(9) and (10) are also modified to ensure that any representations in respect of the proposed strategy can be sent by email to the combined authority and must be made available on the combined authority’s website.

New regulation 15 temporarily disapplies regulation 11(3), which requires copies of documents to be made available on request, if the document is available for inspection on the combined authority’s website.

New regulation 16 makes minor modifications to Form 1 (notice of deposit of a proposed spatial development strategy) in the Schedule to the 2018 Regulations to reflect that the proposed strategy would be available for inspection on the combined authority’s website only and representations can be sent to an email address.

New regulation 17 makes transitional provision in relation to a proposed spatial development strategy which is made available for inspection on a combined authority’s website during the period in which the temporary modifications apply. If after the end of this period the proposed strategy is still required to be made available under regulation 11(2), then as soon as reasonably practicable, the combined authority must also make it available at the places specified in regulation 7(1)(a) until the expiry of the period set out in regulation 11(2).

New regulation 18 makes further transitional provision in relation to a proposed spatial development strategy which is made available for inspection on a combined authority’s website during the period in which the temporary modifications apply. It provides that, after the end of that period, for the purposes of other regulations which refer to the places at which the proposed strategy was made available, the proposed strategy is to be treated as having also been made available at the principal office of the combined authority and such other places within the combined authority area as the combined authority considers appropriate.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.