MHCLG issues new regulations which make Simple Joint Spatial Planning Legally Impossible in the West of England

I refer to the  Combined Authorities (Spatial Development Strategy) Regulations 2018

Requiring a ‘Spatial Development Strategy’ for each of the three defined combined authorities – including West f England

It also sets down

‘No key diagram or inset diagram contained in the spatial development strategy shall be on a map base.’

So you cant have a SDS which is also a joint local plan defining on a map base startegic sites.

However the problem with Wdst of England is it has already submitted a JSP including one LPA North Somerset which is not a member of the Combined Authority.#

So there cant be one JSP but too and it cant allocate land just indicate broad locations.

The inspectors at  is covered by the Joint Spatial Plan
the JSP EIP picked up on this 

we understand North Somerset, is not part of the West of England Combined Authority Area…

In the light of this we wonder if the Combined Authority and the Councils have
given consideration to the implications of the delay to the Examination of the
Joint Spatial Plan for the preparation, publication and examination of the Spatial
(Mayoral) Development Strategy. In this regard it would be particularly helpful
to us if you would detail:
• The current timetable for preparation, publication and examination of the
Spatial (Mayoral) Development Strategy;
• The likely lifespan of the Joint Spatial Plan for Bristol, Bath and North East
Somerset and South Gloucestershire;
• The implications of the above for the preparation, examination and
adoption of Local Plans for Bristol, Bath and North and East Somerset and
South Gloucestershire;
• The implications of the above for North Somerset which would be covered
by the Joint Spatial Plan but not by the Spatial (Mayoral) Development
Strategy; and
• Whether or not the Councils consider there are any implications of the
above for the soundness of the Joint Spatial Plan.

Its not like the MHCLG were not aware of this.  There have been several letters on the terrible state of the law concerning combined authorities in mixed unitary and two tier areas and how it shackle simple joint plan making.  The reply back – too busy to fix primary legislation because of Brexit!

So what now – two joint plans where there could have been one?  The ministry could however delete a few words of  primary legislation using its Henry VIII powers under the Regulatory Simplification Act to clear this whole mess up

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