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2004 No. 2203

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (Regional Planning) (England) Regulations 2004

  Made 26th August 2004 
  Laid before Parliament 7th September 2004 
  Coming into force 28th September 2004 


ARRANGEMENT OF REGULATIONS


PART 1

GENERAL
1. Citation and commencement
2. Interpretation
3. Electronic communications

PART 2

CRITERIA FOR RECOGNITION OF REGIONAL PLANNING BODIES, ANNUAL MONITORING REPORTS AND REGIONAL PARTICIPATION STATEMENTS
4. Criteria for recognition of regional planning bodies
5. Annual monitoring reports
6. Regional participation statement

PART 3

FORM AND CONTENT OF DRAFT REVISION OF REGIONAL SPATIAL STRATEGY
7. Content of draft revision of Regional Spatial Strategy
8. Different provision for different parts of region
9. Diagrams in a draft revision of the Regional Spatial Strategy
10. Regard to be had to certain matters

PART 4

PROCEDURE FOR THE PREPARATION OF A REVISION OF THE REGIONAL SPATIAL STRATEGY
11. Pre-submission consultation
12. Submission to the Secretary of State
13. Submission consultation
14. Examination in public
15. Report of examination in public
16. Proposed changes
17. Publication of a revision of the regional spatial strategy
18. Withdrawal of draft revision

PART 5

AVAILABILITY OF DOCUMENTS
19. Availability of direction made by the Secretary of State under section 10(1)
20. Availability of other documents: general
21. Availability of the Regional Spatial Strategy
22. Duty to provide copies of documents

PART 6

PREPARATION BY SECRETARY OF STATE OF DRAFT REVISION OF REGIONAL SPATIAL STRATEGY
23. Preparation of a draft revision by the Secretary of State

The First Secretary of State, in exercise of the powers conferred upon him by sections 2(2), 3(5), 5(3)(g), 5(7)(b) and (c) and 11 of the Planning and Compulsory Purchase Act 2004[
1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:



PART 1

GENERAL

Citation and commencement
     1.  - (1) These Regulations may be cited as the Town and Country Planning (Regional Planning) (England) Regulations 2004 and shall come into force on 28th September 2004.

    (2) These Regulations apply in relation to England only.

Interpretation
    
2.  - (1) In these Regulations-

    (2) In these Regulations any reference to a section is a reference to a section of the Act unless otherwise stated.

Electronic communications
     3.  - (1) Where any provision of these Regulations requires a person-

the notice, document, copy or notification may be sent or made by way of electronic communications.

    (2) Where under any provision of these Regulations or Part 1 of the Act a person may make representations on any document or matter, those representations may be made-

    (3) Where-

and in this paragraph "working day" means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.



PART 2

CRITERIA FOR RECOGNITION OF REGIONAL PLANNING BODIES, ANNUAL MONITORING REPORTS AND REGIONAL PARTICIPATION STATEMENTS

Criteria for recognition of regional planning bodies
    
4.  - (1) The criteria prescribed for the purposes of section 2(2) are that-

    (2) In paragraph 1(a) and (c) "relevant authority" means-

Annual monitoring reports
    
5.  - (1) The period in respect of which reports must be prepared under section 3(4) is the period of twelve months commencing on 1st April in each year and ending on 31st March in the following year.

    (2) The date prescribed for the purposes of section 3(5)(c) is 28th February in the year following that in respect of which the report under section 3(4) is prepared.

    (3) A report under section 3(4) must contain the following information - 

    (4) This paragraph applies where the RSS contains a policy which specifies, whether by reference to a year or any other period, the number of dwellings to be built in any part of the region.

    (5) At the time an RPB submits a report to the Secretary of State under section 3(5)(c) it must publish the report on its website.

Regional participation statement
    
6. In complying with the duty imposed by section 6(1) (preparation and publication of statement of policies as to involvement of persons interested in exercise of RPB's functions under section 5), an RPB must - 



PART 3

FORM AND CONTENT OF DRAFT REVISION OF REGIONAL SPATIAL STRATEGY

Content of draft revision of Regional Spatial Strategy
    
7.  - (1) A draft revision must contain new or amended policies to the RSS and amendments to the diagrams mentioned in regulation 9 as the RPB is of the opinion are appropriate.

    (2) A draft revision must contain a reasoned justification of the policies contained in it.

    (3) Those parts of a draft revision which comprise the policies of the revision and those parts which comprise the reasoned justification required by paragraph (2) must be clearly identified.

Different provision for different parts of region
    
8.  - (1) Where the RPB decides to make different provision for different parts of the region under section 5(5) - 

    (2) The information referred to in paragraph (1) may indicate-

    (3) The authorities referred to in section 4(4) must make the detailed proposals for the different provision within twelve weeks of being notified by the RPB under paragraph (1).

Diagrams in a draft revision of the Regional Spatial Strategy
    
9.  - (1) A draft revision must contain a diagram, called a key diagram, illustrating the policies contained in the draft revision.

    (2) A draft revision may also contain a diagram, called an inset diagram, which-

    (3) Where a draft revision contains an inset diagram-

    (4) Key diagrams and inset diagrams must-

Regard to be had to certain matters
    
10.  - (1) Matters prescribed for the purposes of section 5(3) (in addition to those specified in paragraphs (a) to (f) of that subsection) are-

    (2) Expressions appearing both in paragraph (1) and in Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances[16] (as amended by Council Directive 2003/105/EC[17]) have the same meaning as in that Directive.



PART 4

PROCEDURE FOR THE PREPARATION OF A REVISION OF THE REGIONAL SPATIAL STRATEGY

Pre-submission consultation
     11.  - (1) Without prejudice to section 4(1) (RPB's duty to seek advice from certain authorities), before submitting a draft revision to the Secretary of State under section 5(8)(b), an RPB must consult - 

    (2) The RPB must prepare a statement setting out - 

Submission to the Secretary of State
    
12. When an RPB complies with section 5(8)(b), it must also send the draft revision documents to the Secretary of State in electronic form.

Submission consultation
    
13.  - (1) When the RPB complies with section 5(8)(a) it must - 

    (2) Subject to paragraph (3), when the RPB complies with section 5(8)(a)-

must make copies of the draft revision documents and draft revision matters available for inspection at their principal offices during office hours.

    (3) Paragraph (2) does not apply to an authority or council unless the draft revision relates to any part of its area.

    (4) Representations on a draft revision must be-

specified pursuant to paragraph (1).

    (5) The period referred to in paragraph (4)(a)-

starting on the day the RPB complies with section 5(8)(a).

    (6) The Secretary of State is not required to have regard to a representation on a draft revision unless that representation is made in accordance with paragraph (4).

Examination in public
    
14.  - (1) Where the Secretary of State decides that an examination in public is to be held-

    (2) Where the Secretary of State decides that an examination in public is not to be held-

Report of examination in public
    
15.  - (1) Where an examination in public has been held pursuant to section 7(3), the Secretary of State must - 

    (2) As soon as reasonably practicable after the Secretary of State complies with paragraph (1), the RPB must - 

    (3) As soon as reasonably practicable after the Secretary of State complies with paragraph (1), each authority or council to which regulation 13(2) applies must make available for inspection during office hours at their principal office the report of the person appointed to hold the examination.

Proposed changes
    
16.  - (1) Where, in accordance with section 9(3), the Secretary of State publishes proposed changes to the draft revision, he must - 

    (2) When the Secretary of State has complied with paragraph (1)-

    (3) Representations on the proposed changes must be - 

specified pursuant to paragraph (1).

    (4) The period referred to in paragraph (3)(a) must not be less than 8 weeks starting on the day the Secretary of State publishes his proposed changes under section 9(3).

    (5) The Secretary of State is not required to have regard to a representation on a draft revision unless that representation is made in accordance with paragraph (3).

Publication of a revision of the regional spatial strategy
    
17. As soon as reasonably practicable after the Secretary of State publishes a revision of the RSS under section 9(6)-

Withdrawal of draft revision
    
18.  - (1) As soon as reasonably practicable after a draft revision is withdrawn under section 5(9) (withdrawal by RPB), the RPB must - 

    (2) As soon as reasonably practicable after a draft revision is withdrawn under section 9(7) (withdrawal by Secretary of State) - 



PART 5

AVAILABILITY OF DOCUMENTS

Availability of direction made by the Secretary of State under section 10(1)
    
19. Where the Secretary of State issues a direction under section 10(1), the RPB to which the direction is issued must-

Availability of other documents: general
    
20.  - (1) This regulation does not apply to a document made available or published under regulation 21.

    (2) Copies, documents, directions, matters, or statements which under these Regulations are-

may be removed at the end of the period of six weeks referred to in section 113(4) (period for challenging the validity of certain strategies, plans and documents) that applies as regards the strategy, plan or document concerned.

    (3) Paragraph (2) does not apply if a challenge is made as mentioned in that paragraph and shall not apply until any challenge proceedings are finally determined.

Availability of the Regional Spatial Strategy
    
21.  - (1) An RPB must - 

    (2) Where the Secretary of State revokes an RSS in its entirety the RPB for the region concerned must cease to make it available for inspection (whether on its website or at its principal office).

Duty to provide copies of documents
    
22.  - (1) Where-

the person first mentioned must provide a copy of the document to that other person as soon as reasonably practicable after receipt of that other person's request.

    (2) A person who provides a copy-

may make a reasonable charge for the copy.



PART 6

PREPARATION BY SECRETARY OF STATE OF DRAFT REVISION OF REGIONAL SPATIAL STRATEGY

Preparation of a draft revision by the Secretary of State
    
23. If the Secretary of State prepares a draft revision under section 10(3), regulations 7, 9 to 11, 13 to 17, 18 (ignoring paragraph (1)) and 20 apply so far as practicable and with any necessary modifications.



Signed by authority of the First Secretary of State


Nick Raynsford
Minister of State, Office of the Deputy Prime Minister

26th August 2004



EXPLANATORY NOTE

(This note is not part of the Regulations)


Part 1 of the Planning and Compulsory Purchase Act 2004 establishes a new system of regional development planning in England. These Regulations make provision for the operation of the regional planning system.

The Regulations set out the criteria for the recognition of a Regional Planning Body ("RPB") and regulate its preparation of an annual monitoring report and regional participation statement. They prescribe the form and content of a draft revision of a Regional Spatial Strategy ("RSS") and regulate the procedure to be followed in connection with the preparation of the draft revision. There are also provisions about electronic communications (regulation 3) and the availability of documents (Part 5).

The main steps in the procedure for the preparation of a draft revision are - 

There are also provisions about the procedure to be followed if an RSS is withdrawn by an RPB or the Secretary of State (regulation 18) and if the Secretary of State prepares a draft revision (regulation 23).


Notes:

[1] 2004 c. 5. See section 122(1) as to powers to prescribe. See section 12(4) as to the Secretary of State.back

[2] 1995 c. 50.back

[3] 2000 c. 7.back

[4] The definition of "electronic communications apparatus" has been inserted into paragraph 1(1) of the electronic communications code by paragraph 2(2) of Schedule 3 to the Communications Act 2003 (c. 21).back

[5] 2003 c. 21.back

[6] See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97), as substituted by the Environment Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 1, and as amended by S.I. 1999/416.back

[7] See section 32 of the National Heritage Act 1983 (c. 47).back

[8] See section 73(1) of the Countryside and Rights of Way Act 2000 (c. 37).back

[9] See section 1(1) of the Environment Act 1995 (c. 25).back

[10] See section 201 of the Transport Act 2000 (c. 38).back

[11] See section 1 of the Regional Development Agencies Act 1998 (c. 45).back

[12] See section 1(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).back

[13] 1989 (c. 29); section 6 was substituted by the Utilities Act 2000 (c. 27), section 30.back

[14] 1986 (c. 44); section 7 was substituted by the Gas Act 1995 (c. 45), and section 7(2) was amended by the Utilities Act 2000 (c. 27), sections 3(2), 76(1) and (3), and Schedule 6, paragraphs 1 and 4.back

[15] 1998 c. 45.back

[16] O.J. No. L10, 14.1.1997, p. 13.back

[17] O.J. No. L345, 31.12.2003, p. 0097-0105.back



ISBN 0 11 049747 3


  © Crown copyright 2004

Prepared 7 September 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20042203.html