News and Press
Localism Act 2011 and Regional Strategies
30 November 2011
Royal assent was given to the Localism Act 2011 on 15 November 2011. However, not all of it came into force on that day or is likely to come into force during 2011.
For the planning profession, some important elements have already come into force. Of most interest generally is Section 109, which gives the Secretary of State the power to revoke the whole or part of any Regional Strategy. However, as Eric Pickles is currently consulting on the environmental impacts of doing so until 20 January 2012, nothing will happen until after that. So, the interim position is that the Regional Strategy remains part of the development plan for the purposes of Section 38(6) Town and Country Planning Act 1990. The Planning Inspectorate issued guidance in November 2010 on the weight to be given to a Regional Strategy. It is important to note the recent case of Resource Recovery Solutions (Derbyshire) Limited v Secretary of State for Communities and Local Government [2011] where an Inspector's Decision was quashed for failing to refer in the decision letter to the East Midlands RSS.
Katherine Evans, Head of Planning and Environment at TLT comments, "although the government is congratulating itself on getting the Localism Bill on the statute books, important elements may well not make any real impact for several months. This will give a window of opportunity for certain projects that are supported by up to date and relevant policies in Regional Strategies".