designate a street, or a network of streets, in its area as a high street
for the purposes of this Act;
A
bill
to
Require local authorities to designate high streets in their area; to require local authorities to undertake and publish periodic reviews of the condition of those high streets; to require local authorities to develop action plans for the improvement of the condition of those high streets; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
A local authority may—
designate a street, or a network of streets, in its area as a high street
for the purposes of this Act;
vary or withdraw such a designation.
A local authority must exercise its powers under
subsection (1)
in such a way
that on designation day, and at all times after it, there is at least one
designation under this section that is in force in its area.
A street or network of streets may be designated as a high street only if the
local authority considers that the street is, or (as the case may be) all of the
streets comprising the network of streets are, important to the local economy
because of a concentration of high-street uses of premises on the street or
streets.
A street or network of streets may not be designated as a high street if the
local authority considers that the importance of the street or streets derives
principally from goods or services purchased in the course of business.
Before making a designation under this section, a local authority must
consult—
persons specified or described in regulations made by the Secretary
of State, and
such other persons (if any) as the local authority considers appropriate.
A local authority must, within each 5-year review period, review a designation
under this section that is in force in its area.
A “5-year review period”, in relation to a designation, is—
the period of 5 years beginning with the day on which the local
authority made the designation, and
each successive period of 5 years.
A local authority must maintain and make available to the public a list
describing, and a map showing, the designation or designations under this
section that are in force in its area.
In this section “designation day”, in relation to a local authority, means the
day after the end of the period of six months beginning with the day on
which this section comes into force in relation to that authority.
For the purposes of this section an “improvement plan”, in relation to a street
or network of streets, is a plan that includes—
information about the condition of the street or (as the case may be)
all of the streets comprising the network of streets and the importance
of the street or streets to the local economy, and
proposals for the preservation and enhancement of the street or streets.
A local authority must, within the period of six months beginning with the
day on which it designates a street or network of streets in its area as a high
street under section
1
, prepare and publish a draft improvement plan for the
street or network of streets.
The local authority must carry out a consultation on the draft improvement
plan.
The local authority must, within the period of 12 months beginning with the
day on which it made the designation under section
1
, prepare and publish
a final version of the improvement plan.
The local authority must, at least once within each 5-year review period—
review the improvement plan, and
if it considers that changes are necessary or desirable, prepare and
publish a revised version of the improvement plan.
A “5-year review period”, in relation to an improvement plan, is—
the period of 5 years beginning with the day on which the local
authority published a final version of the plan under subsection
(4)
, and
each successive period of 5 years.
Where a local authority is required by this section to carry out a consultation,
it must consult—
persons specified or described in regulations made by the Secretary
of State, and
such other persons (if any) as the local authority considers appropriate.
In exercising its functions under this section, a local authority must have
regard to guidance issued by the Secretary of State.
A local authority, when exercising a planning function that is capable of
affecting a street in its area that (at the time of exercise of the function) is—
designated as a high street under section 1 , or
comprised in a network of streets that is designated as a high street
under section
1
,
must have regard to the improvement plan for the street or network of streets.
A function of a local authority is a planning function if it is conferred on the
authority by or under—
Part 3, 7 or 8 of the Town and Country Planning Act 1990, or
Part 2 of the Planning and Compulsory Purchase Act 2004.
The Secretary of State may by regulations amend this Act so as to add to the
functions of a local authority that are planning functions for the purposes of
this section.
The reference in subsection
(1)
to the improvement plan for a street or network
of streets is to—
different provision for different purposes or areas;
transitional or saving provision.
A statutory instrument containing regulations under section
3
may not be
made unless a draft of the instrument has been laid before and approved by
a resolution of each House of Parliament.
The following provisions apply for the purposes of this Act.
Each of the following is a local authority—
a district council in England,
a county council in England for any area for which there is no district
council,
a London borough council,
the Common Council of the City of London, and
the Council of the Isles of Scilly.
Any use of premises that falls within any of the following paragraphs is a
“high-street use”—
use as a shop or office;
use for the provision of services to persons who include visiting
members of the public;
use as a restaurant, bar, public house, café or other establishment
selling food or drink for immediate consumption;
use for public entertainment or recreation;
use as a communal hall or meeting-place;
use for manufacturing or other industrial processes of a sort that can
(in each case) reasonably be carried on in proximity to, and compatibly
with, the preceding uses.
“Premises” means—
the whole of a building that is designed or adapted to be used as a
whole, or
any part of a building that—
is designed or adapted to be used separately from the other
parts, or
could with reasonable adaptation be so used.
Premises are situated on a street if the building comprising or containing the
premises—
directly adjoins the street, or
is separated from the street only by the curtilage of the building.
“Street” means a street, within the meaning given by section 48(1) of the New
Roads and Street Works Act 1991, to which the public have access on foot
(whether by right or permission); and includes any part of a street.
This Act extends to England and Wales only.
Different days may be appointed for different purposes or areas.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the High Streets (Designation, Review and
Improvement Plan) Act 2024.
A
bill
to
Require local authorities to designate high streets in their area; to require local authorities to undertake and publish periodic reviews of the condition of those high streets; to require local authorities to develop action plans for the improvement of the condition of those high streets; and for connected purposes.
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