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Version Superseded: 10/02/1992
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Town and Country Planning Act 1990, Section 23 is up to date with all changes known to be in force on or before 23 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the previous provisions of this Chapter shall, in relation to any such joint plan or proposals, have effect subject to the following provisions of this section.
F1[(2)Subsections (3) and (4) shall apply in relation to a joint unitary development plan instead of subsections (1) and (2) of section 13, and references in subsections (5) and (6) of that section and in section 14(3) to subsections (1) and (2) of section 13 and the purposes of paragraphs (a) to (c) of subsection (1) of that section shall include references to subsections (3) and (4) of this section and the purposes of paragraphs (a) to (c) of subsection (3) respectively.
(3)The local planning authorities shall jointly take such steps as will in their opinion secure—
(a)that adequate publicity is given in their areas to the matters proposed to be included in the plan;
(b)that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to such an opportunity; and
(c)that such persons are given an adequate opportunity of making such representations.
(4)The local planning authorities shall consider any representations made to them within the prescribed period.]
(5)Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by subsection [F2(2)] of section 13 of making copies of the plan available for inspection.
(6)Objections to such a plan may be made to any of those authorities and the statement required by subsection [F3(3)] of section 13 to accompany copies of the plan shall state that objections may be so made.
(7)It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.
(8)Where a unitary development plan has been prepared jointly, the power of [F4preparing] proposals in respect of the plan under section 21 may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that section direct any of them to [F4prepare] proposals as respects their respective areas.
F1[(9)In relation to any proposals made jointly under section 21, the reference in subsection (2) of that section to sections 12 to 20 shall include a reference to subsections (3) and (4) of this section.
(10)In relation to any such joint proposals—
(a)the reference in section 22(1) to section 13(1) to (4) shall include a reference to subsections (3) and (4) of this section; and
(b)the references in section 22 to the local planning authority shall be construed as references to the authorities acting jointly, except that—
(a)each of the authorities shall have the duty under subsection (2) of making copies of the relevant documents available for inspection, and
(b)representations or objections may be made to any of the authorities, and the statement required by subsection (3) of that section shall state that objections may be so made.]
(11)The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.
Textual Amendments
F1S. 23(2)-(4)(9)(10) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 14(a)(with s. 84(5)); S.I. 1991/2728, art.2
F2Word in s. 23(5) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4) , Sch.4 Pt. I, para. 14(b) (with s. 84(5)); S.I. 1991/2728, art.2
F3Word in s. 23(6) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 14(c) (with s. 84(5)); S.I. 1991/2728, art.2
F4Words in s. 23(8) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I para. 14(d) (with s. 84(5)); S.I. 1991/2728, art.2
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