Town and Country Planning Act 1990

Sections 28 and 54.

SCHEDULE 2 E+W Development Plans: Transitional Provisions

Part I E+W The Metropolitan Counties

Modifications etc. (not altering text)

C1 Sch. 2 Pt. I applied (with modifications) (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(a)

Continuation of structure plans, local plans and old development plans E+W

1 (1) Subject to paragraphs 2 and 3—

(a) the structure plan,

(b) any local plan; and

(c) any old development plan,

which immediately before the commencement of this Act was in force in the area of a local planning authority in a metropolitan county (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Chapter I of Part II of this Act or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative.

(2) A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of this Act, any other enactment relating to town and country planning, the M1 Land Compensation Act 1961 and the M2 Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.

(3) In this paragraph “old development plan” means any plan which was in force in the area in question immediately before the commencement of this Act by virtue of Schedule 7 to the 1971 Act and paragraph 18 of Schedule 1 to the M3 Local Government Act 1985.

Marginal Citations

M1 1961 c. 33.

M2 1980 c. 66.

M3 1985 c. 51.

Revocation of structure plan E+W

2 (1) Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan he may by order—

(a) wholly or partly revoke a structure plan continued in force by paragraph 1, either in its application to the whole of the area of a local planning authority or in its application to part of that area; and

(b) make such consequential amendments to that plan as appear to him to be necessary or expedient.

(2) Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

(3) Until the structure plan for an area in a metropolitan county ceases to be operative under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area with the omission of the words “in a non-metropolitan county”.

Local plans until commencement of Chapter I of Part II E+W

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F1 3

Textual Amendments

F1 Sch 2 Pt. I para. 3 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(a), Sch. 19 Pt. I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3

Incorporation of current local plan in unitary development plan E+W

[F2 4 (1) Sub - paragraph (2) applies where -.

(a) a local plan is in force in the area of a local planning authority;

(b) a unitary development plan is being prepared;

(c) the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d) a local inquiry or other hearing is held for the purpose of considering any objection to the plan.

(2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c);

(b) the policy so identified is an existing policy; and

(c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).

(3) In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).]

Textual Amendments

F2 Sch. 2 Pt. I para. 4 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II, para. 36(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

Publicity in connection with local plan E+W

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F3 5

Textual Amendments

F3 Sch. 2 Pt. I para. 5 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(6), Sch. 4 Pt. II para. 36(1)(a), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

Pending proposals by metropolitan county council E+W

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F4 6

Textual Amendments

F4 Sch. 2 Pt. I para. 6 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(6), Sch. 4 Pt. II para. 36(1)(a), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

Valid from 01/04/1996

[F5 Part IA E+W Wales]

Textual Amendments

F5 Sch. 2 Pt. IA inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. II para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Part II E+W Greater London

Continuation of Greater London Development Plan, local plans and old development plans E+W

1 (1) Subject to paragraphs 2 and 3—

(a) the Greater London Development Plan,

(b) any local plan; and

(c) any old development plan,

which immediately before the commencement of this Act was in force in the area of a local planning authority in Greater London (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Chapter I of Part II of this Act or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative.

(2) A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of this Act, any other enactment relating to town and country planning, the M4 Land Compensation Act 1961 and the M5 Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.

(3) In this paragraph “old development plan” has the same meaning as in paragraph 1 of Part I of this Schedule.

Marginal Citations

M4 1961 c. 33.

M5 1980 c. 66.

Revocation of Greater London Development Plan E+W

2 (1) Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan he may by order—

(a) wholly or partly revoke the Greater London Development Plan, either in its application to the whole of the area of a local planning authority or in its application to part of that area; and

(b) make such consequential amendments to that plan as appear to him to be necessary or expedient.

(2) Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

(3) Until the Greater London Development Plan ceases to be operative in an area under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area—

(a) with the omission of the words “in a non-metropolitan county”; and

(b) with the substitution for the reference to the structure plan of a reference to that Plan.

Surveys and local plans E+W

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F6 3

Textual Amendments

F6 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

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F7 4

Textual Amendments

F7 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

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F8 5

Textual Amendments

F8 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

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F9 6

Textual Amendments

F9 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3

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F10 7

Textual Amendments

F10 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3

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F11 8

Textual Amendments

F11 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

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F12 9

Textual Amendments

F12 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

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F13 10

Textual Amendments

F13 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt. I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

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F14 11

Textual Amendments

F14 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

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F15 12

Textual Amendments

F15 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

Joint plans E+W

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F16 13

Textual Amendments

F16 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

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F17 14

Textual Amendments

F17 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3

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F18 15

Textual Amendments

F18 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss.27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

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F19 16

Textual Amendments

F19 Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

Incorporation of current local plan in unitary development plan E+W

[F20 17 (1) Sub-paragraph (2) applies where—

(a) a local plan is in force in the area of a local planning authority;

(b) a unitary development plan is being prepared;

(c) the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d) a local inquiry or other hearing is held for the purpose of considering any objection to the plan.

(2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c);

(b) the policy so identified is an existing policy; and

(c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).

(3) In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).]

Textual Amendments

F20 Sch. 2 Pt. II para. 17 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 36(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4, Sch.3

Publicity in connection with local plan E+W

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F21 18

Textual Amendments

F21 Sch. 2 Pt. II para. 18 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I; S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

Part III E+W Old Development Plans

Modifications etc. (not altering text)

C2 Sch. 2 Pt. III applied (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(b)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(b)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(b)

Preliminary E+W

1 In this Part of this Schedule “old development plan” means a development plan to which paragraph 2 of Schedule 7 to the 1971 Act (continuation in force of development plans prepared before structure plans became operative) applied immediately before the commencement of this Act.

Continuation in force of old development plans E+W

2 Any old development plan which immediately before the commencement of this Act was in force as respects any district shall, subject to the provisions of this Part of this Schedule, continue in force as respects that district and be treated for the purposes of this Act, any other enactment relating to town and country planning, the M6 Land Compensation Act 1961 and the M7 Highways Act 1980 as being comprised in the development plan for that district.

Marginal Citations

M6 1961 c. 33.

M7 1980 c. 66.

Other plans to prevail over old development plans E+W

3 Subject to the following provisions of this Part of this Schedule, where by virtue of paragraph 2 the old development plan for any district is treated as being comprised in a development plan for that district—

(a) if there is a conflict between any of its provisions and those of the structure plan for that district, or, in the case of Greater London, the Greater London Development Plan the provisions of the structure plan or, as the case may be, that Plan shall be taken to prevail for the purposes of Parts III, V, VI, VII, VIII and IX of this Act and of the M8 Planning (Listed Buildings and Conservation Areas) Act 1990 and the M9 Planning (Hazardous Substances) Act 1990; and

(b) if there is a conflict between any of its provisions and those of a local plan, the provisions of the local plan shall be taken to prevail for those purposes.

Marginal Citations

M8 1990 c. 9.

M9 1990 c. 10.

Street authorisation maps E+W

4 Where immediately before the commencement of this Act a street authorisation map prepared in pursuance of the M10 Town and Country Planning (Development Plans) Regulations 1965 or the M11 Town and Country Planning (Development Plans for Greater London) Regulations 1966 was treated for the purposes of the 1971 Act as having been adopted as a local plan for a district by a local planning authority, it shall continue to be so treated.

Marginal Citations

M10 S.I. 1965/1453.

M11 S.I. 1966/48.

Development plans for compensation purposes E+W

5 Where there is no local plan in force in a district, then, for any of the purposes of the Land Compensation Act 1961—

(a) the development plan or current development plan shall as respects that district be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, namely the structure plan or, as the case may be, the Greater London Development Plan, so far as applicable to the district, and any alterations to it, together with the Secretary of State’s notice of approval of the plan and alterations, and the old development plan;

(b) land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as are mentioned in paragraph (a), namely any area wholly or partly within that district selected by the structure plan or, as the case may be, the Greater London Development Plan as an action area and the area so defined in the old development plan.

Discontinuance of old development plan on adoption of local plan E+W

6 Subject to paragraph 8, on the adoption or approval of a local plan under section 43 or 45 or paragraph 10 of Part II of this Schedule so much of any old development plan as relates to the area to which the local plan relates shall cease to have effect.

7 The Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the local plan relates.

8 If the Secretary of State makes an order under paragraph 7, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.

9 Subject to paragraph 10, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the area of a local planning authority or in its application to part of that area and make such consequential amendments to the plan as appear to him to be necessary or expedient.

10 Before making an order with respect to a development plan under paragraph 7 or 9, the Secretary of State shall consult with the local planning authority for the area to which the plan relates.