Inner Urban Areas Act 1978

12 Adoption of local plans

(1) Where a local planning authority have prepared a local plan for the whole or any part of a designated district and the Secretary of State has not approved the structure plan so far as it relates to the area of that local plan, the authority may, if the Secretary of State so directs, adopt the local plan (and take such preliminary steps as are mentioned in section 12(2) of the [1971 c. 78.] Town and Country Planning Act 1971) notwithstanding—

(a) that the structure plan has not been approved as afore said ; and

(b) in the case of a district planning authority, that they have not obtained a certificate under section 14(5) or (7) of that Act (certificate that local plan conforms generally to approved structure plan);

but before adopting the local plan, the authority shall make such modifications to it (if any) as may be necessary to make it conform generally to the structure plan as it stands for the time being.

(2) Where

(a) a local planning authority have prepared or are proposing to prepare a local plan for the whole or any part of a designated district;

(b) the Secretary of State has approved the structure plan so far as it relates to the area of that local plan or proposed local plan;

(c) the Secretary of State has directed under section 10(1) of the said Act of 1971 (alteration of structure plans) that proposals for alterations to the structure plan so far as it relates to the area of that local plan or proposed local plan should be submitted to him for approval; and

(d) proposals for those alterations have not been submitted to the Secretary of State, or have been submitted to the Secretary of State but have not been approved by him,

the Secretary of State may direct that such of the provisions of that Act mentioned in subsection (3) below as are applicable shall have effect as respects that local plan or proposed local plan as if proposals for those alterations had been so submitted and so approved or, as the case may be, so approved.

(3) The provisions of the said Act of 1971 referred to in subsection (2) above are as follows—

(a) section 11(9) (proposals in local plan to conform gener ally to structure plan as it stands for the time being) and paragraph l1(4)(a) of Schedule 4 (corresponding provision for Greater London); and

(b) section 14(2) and (5) to (7) (local plan to conform, and certificate that it does conform, generally to approved structure plan).

(4) Before giving a direction under subsection (1) or subsection (2) above, the Secretary of State shall consult—

(a) the county planning authority whose area includes and the district planning authority whose area consists of the designated district; or

(b) in the case of a designated district in Greater London, the Greater London Council and the London borough council whose area consists of that district.

(5) This section shall apply in relation to a district (other than a designated district) as respects which arrangements have been entered into under section 7(1) above as it applies in relation to a designated district.

(6) This section does not extend to Scotland.