The Planning and Compulsory Purchase Act (2004) took effect from 28 September 2004.
As a result, the Regional Spatial Strategy (formerly Regional Planning Guidance, RPG11) became part of the Statutory Development Plan, guiding development across the West Midlands (2001-2021).
The Planning and Compulsory Purchase Act (2004) also abolished Structure Plans and Local Plans, as of September 2004. However, the Act provided for these adopted plans to be 'saved' until September 2007.
In Warwickshire, the following plans prepared under previous legislation were 'saved' in their entirety until September 2007:
- Warwickshire Structure Plan (1996-2011);
- Minerals Local Plan for Warwickshire (1995-2005);
- Waste Local Plan for Warwickshire (1995-2005).
Where it was felt necessary to save certain policies within these 'saved' plans beyond September 2007, Warwickshire County Council put forward a case to the Secretary of State (in April 2007). A Direction was issued on the 7 September 2007 to save certain policies beyond September 2007 - for more details see:
- Strategic Planning (pre-PCPA 2004).
The saved policies within the Minerals Local Plan and the Waste Local Plan are being progressively replaced by new Development Plan Documents (DPDs) within the emerging Minerals and Waste Development Framework (MWDF) for Warwickshire - for more details see:
- Minerals Development Framework
- Waste Development Framework
On the 6 July 2010, the Secretary of State announced the decision to revoke the Regional Spatial Strategies, with immediate effect. The intention was that the Regional Spatial Strategies would no longer constitute part of the Development Plan for the purposes of s38 (6) of the Planning and Compulsory Purchase Act (2004).
However, this decision meant that the regional housing targets (introduced under the Local Democracy, Economic Development and Construction Act 2009) would be scrapped, leaving a policy vacuum until new planning legislation could be introduced.
In November 2010, the High Court ruled that this decision was unlawful, following a legal challenge by a housing developer (Carla Homes (South) Ltd). The developer argued that the revocation of regional planning strategies should have required primary legislation to be introduced and debated by MPs, rather than the use of discretionary powers by the Communities Secretary, Eric Pickles.
The intention of the Coalition Government to revoke the Regional Spatial Strategies has since been confirmed through its inclusion in the recently published Localism Bill (December 2010). However, at this stage the adopted RSS policies remain part of the statutory development plan. Furthermore, the evidence base and analysis which underpinned the work undertaken as part of the West Midlands RSS Phase 2 and 3 revision may still be regarded as a material consideration in planning decisions.
Warwickshire Structure Plan (WASP) Monitoring
The Warwickshire Structure Plan (WASP) covered strategic land-use planning and set out the broad principles for development in Warwickshire over the period 1996-2011. It was 'saved' until September 2007, although it will no longer be updated.
The WASP Monitoring Report (1996-2001) is the first baseline report on the Warwickshire Structure Plan. It examines how the WASP policies are performing, based on the analysis of data over the period 1996-2001.
The WASP Monitoring Report (1996-2003) is an updated report on the implementation of the WASP policies. In particular, it examines the extent to which the District and Borough Councils have met their allocation of employment and housing land (based on the analysis of land use data over the period 1996-2003).
We are continuing to monitor land use within Warwickshire through annual land use surveys. We can provide updated information on request – please contact the Warwickshire Observatory.