Regional And Local Development Planning: The Planning And Compulsory Purchase Act 2004 (Commencement No. 2) Transitional Provisions Savings Order 2004

Summary

Parts of the PCPA 2004 came into effect on 28 September 2004 and will change the way that development plans will be prepared in the future. The thrust is now in the direction of regional strategy which will be devised by Regional planning boards. In the absence of elected regional assemblies, these will be boards of which at least 60% will be elected councillors from county councils and local planning authorities.

Except during the transitional period of approximately three years, county structure plans will disappear. They will gradually be phased out by the documents which go to make up the local development scheme. No longer will planning policy appear in the format of one document, being a local plan or unitary development plan, but will be contained in a number of different documents, some of which will have statutory development plan status and others not, thus making up a "portfolio" of planning policy. This will provide greater fl exibility in the use of local authority resources in drawing up the plans and will presumably be able to give local authorities greater control to prioritise.

Community involvement is now specifically built into the process from the outset. Developers should seize the opportunity to infl uence and shape planning policy through the consultation process.

Throughout, the emphasis is on spatial planning rather than land use planning so that all strategies or policies which have an effect on an area are to be taken into account and every strategy should take on board all other relevant strategies. So the whole process, of which planning aspects are just one part, may be seen as circular but with sustainability at its heart.

The ODPM has recently published guidance on best practice in making planning information freely accessible and making any charges for documents reasonable.

Commentary on Changes Coming into Effect on 28th September 2004

The Planning and Compulsory Purchase Act, which was passed in May of this year, is being brought into force piecemeal on various dates to be set by the Secretary of State.

A Commencement Order has come into force bringing a number of provisions of the Act into force on 28 September 2004.

These in the main relate to Part 1, which relates to regional functions, that is to say, regional spatial strategies, and regional planning bodies (RPB); Part 2, local development, relating to the preparation of local development schemes and local development documents; Part 3, development plans.

Regional Functions Regional Spatial Strategy ("RSS"). Each region is to have its own regional spatial strategy. Regions for this purpose are those specifi ed in Schedule 1 to the Regional Development Agencies Act 1998. The RSS must set out the Secretary of State's policies in relation to the development and use of the land in the regions. The RSSs will be the broad development strategy for the Region for up to 20 years in advance.

Like Structure Plans, RSSs will not be...

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