Town and Country Planning (Amendment) Act 1972

Section 4(1).

SCHEDULE 1 REPLACEMENT FOR SCHEDULE 4 TO ACT OF 1971

“SCHEDULE 4 Surveys and Development Plans in Greater London

Surveys by G.L.C

1 The matters to be examined and kept under review under section 6 of this Act by the Greater London Council shall be such of the matters mentioned in that section as they think fit or, in the case of a fresh survey under section 6(2) instituted in pursuance of a direction of the Secretary of State, such matters as may be specified in the direction.

Surveys by London borough councils

2 The matters to be so examined or kept under review by a London borough council shall be such of the matters mentioned in section 6 as have not been examined or kept under review by the Greater London Council, such other matters as they may be required by that Council to examine or keep under review and, in the case of a fresh survey under section 6(2) instituted in pursuance of a direction of the Secretary of State, such matters as may be specified in the direction.

Joint surveys

3 (1) Section 10A of this Act applies neither to the Greater London Council nor to the London borough councils ; but any two or more London borough councils may, if they think fit, institute under section 6 of this Act a joint survey for any combined area consisting of those boroughs or any part thereof.

(2) Where a London borough council join with another or others in a joint survey for a combined area—

(a) the carrying out of that survey shall be sufficient compliance with the council's duty under section 6(1) in relation to so much of the borough as is comprised in the area of the survey ; and

(b) section 6(3) shall have effect—

(i) in relation to the joint survey as if references to the council's area were references to the combined area of the survey, and

(ii) in relation to any other survey instituted by the council under section 6(1), as if those references were to the area of that other survey,

references to neighbouring areas being construed accordingly in either case.

Surveys to conform to G.L.C. directions

4 Any survey by a London borough council under section 6 of this Act, and any joint survey by two or more such councils, shall be carried out on such lines as the Greater London Council may direct.

The Greater London development plan as a structure plan

5 (1) The Greater London development plan shall be a structure plan for Greater London approved under section 9 of this Act and may be altered under section 10 accordingly.

(2) The Secretary of State may approve the development plan by stages, that is to say he may approve any feature or element of the plan while reserving his decision on other features and elements of it; and in the following provisions of this Schedule references to his final approval of the plan are to when in the case of every feature and element of it either he has indicated his approval of it (with or without modifications) or he has indicated his decision not to approve it.

(3) The Secretary of State may direct that any area or part of an area indicated by the development plan as an area intended for comprehensive development, redevelopment or improvement as a whole shall be treated as an action area, and references in this Schedule to an action area shall be construed accordingly.

Alteration of structure plan on proposal of London borough council

6 (1) Any of the London borough councils may, with the prior consent of the Secretary of State, at any time prepare for submission to him a proposal for altering the Greater London development plan so as to indicate any area specified in the proposal as an action area.

(2) Any such proposal shall ,be sent by the borough council to the Greater London Council, who shall send it on to the Secretary of State within such period as he may allow, with any observations of theirs on the proposal.

(3) Sections 8 and 9 of this Act shall apply with the necessary modifications in relation to a proposal under this paragraph as they apply in relation to a structure plan.

Exclusion of ss. 7 to 10, 10B, 11 and 12

7 Sections 7 to 10 of this Act do not apply to the London borough councils and sections 10B, 11 and 12 apply neither to those councils nor to the Greater London Council.

Local plans: who may prepare them

8 (1) In the following provisions of this paragraph, and in paragraph 9 below, " G.L.C. action area " means an action area in whose case it is indicated in the Greater London development plan that it is for the Greater London Council, and not a London borough council, to prepare a local plan for that area.

(2) At any time before the Secretary of State's final approval of the Greater London development plan the Greater London Council may, if they think fit, prepare a local plan for the whole or part of a G.L.C. action area.

(3) At any time either before or after the Secretary of State's final approval of the Greater London development plan—

(a) a London borough council may, if they think fit, prepare a local plan for the whole or any part of the borough ;

(b) any two or more of the London borough councils may, with or without the Greater London Council, together prepare a joint local plan for the whole or any part of their respective boroughs; and

(c) any one or more such councils and any one or more adjacent planning authorities may, with or without the Greater London Council, together prepare a joint local plan for any part of their respective areas ;

but this sub-paragraph shall not be taken to authorise the preparation of a local plan (joint or other) for the whole or any part of a G.L.C. action area.

(4) In the foregoing sub-paragraph, " adjacent planning authority " means a local planning authority whose area adjoins Greater London.

(5) Different local plans (joint or other) may be prepared for different purposes for the same part of any area.

Duty of planning authorities to prepare local plans for action areas

9 (1) As soon as practicable after the Secretary of State's final approval of the Greater London development plan—

(a) the Greater London Council shall prepare a local plan for every G.L.C. action area ; and

(b) in the case of any other action area—

(i) if it is wholly comprised within a London borough, the council of that borough shall prepare a local plan for the area, and

(ii) if not, the council of every London borough in which any part of the action area falls shall prepare a local plan for that part;

but this sub-paragraph shall not be taken to require a council to do again any thing which they have already done.

(2) In the case referred to in sub-paragraph (1)(b)(ii) above, a London borough council may comply with that sub-paragraph by joining with any other borough council concerned, with or without the Greater London Council, in the preparation of a joint local plan.

(3) Where a council are required by this paragraph to prepare a local plan, they shall take steps for the adoption of that plan.

Local plans by direction of Secretary of State

10 (1) Without prejudice to the foregoing provisions, the Greater London Council or a London borough council shall, if the Secretary of State gives them (either before or after he finally approves the Greater London development plan) a direction in that behalf with respect to any area of Greater London, as soon as practicable prepare for that area a local plan of such a nature as may be specified in the direction, and take steps for the adoption of the plan; but no such directions shall require a council to take any steps to comply therewith until after the Secretary of State's final approval of the Greater London development plan.

(2) Before giving a direction to a council under this paragraph the Secretary of State shall consult the council with respect thereto and, in the case of a direction to be given to a London borough council, he shall also, before giving it, consult the Greater London Council.

General provisions as to local plans

11 (1) The following provisions of this paragraph shall apply with respect to any local plan prepared under this Schedule by the Greater London Council or a London borough council and also with respect to a joint local plan so prepared by two or more planning authorities ; and in those provisions " the council" means the council preparing the local plan or, as the case may be, the authorities who join in the preparation of the joint plan.

(2) The plan shall consist of a map and a written statement and shall—

(a) formulate in such detail as the council think appropriate their proposals for the development and other use of land in the area for which the plan is prepared, or for any description of development and other use of such land (including in either case such measures as the council think fit for the improvement of the physical environment and the management of traffic); and

(b) contain such matters as may be prescribed, or as the Secretary of State may direct.

(3) The plan shall contain, or be accompanied by, such diagrams, illustrations and descriptive material as the council think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed or as may in any particular case be specified in directions given by the Secretary of State ; and any such diagrams, illustrations and descriptive material shall be treated as forming part of the plan.

(4) In formulating their proposals in the plan the council shall—

(a) secure that the proposals conform generally to the Greater London development plan as it stands for the time being (whether or not the Secretary of State has finally approved the plan, but taking into account any feature or element of it in the case of which he has indicated his approval), and

(b) have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed, or which the Secretary of State may in any particular case direct them to take into account.

(5) Before giving a direction to the council under this paragraph the Secretary of State shall consult the council with respect thereto and, in the case of a direction to be given to a London borough council, he shall also, before giving it, consult the Greater London Council.

Publicity for local plan prepared by single council

12 (1) Where the Greater London Council or a London borough council propose to prepare a local plan, the council shall take such steps as will in their opinion secure—

(a) that adequate publicity is given, in any London borough affected by the plan, to any relevant matter arising out of a survey under section 6 of this Act (including any joint survey) and 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 the council with respect to those matters are made aware that they are entitled to an opportunity of doing so ; and

(c) that such persons are given an adequate opportunity of making such representations;

and the council shall consider any representations made to them within the prescribed period.

(2) After preparing a local plan, the council shall before adopting it or submitting it for approval under section 14 of this Act (but not before the Secretary of State has finally approved the Greater London development plan) make copies of the plan available for inspection at their office and at such other places as may be prescribed and—

(a) in the case of a plan prepared by the Greater London Council, send a copy of the plan to the council of any London borough affected by the plan,

(b) in the case of a plan prepared by a London borough council, send a copy to the Greater London Council, and

(c) in any case send a copy to the Secretary of State.

(3) Each copy of a plan made available for inspection as required by sub-paragraph (2) above shall be accompanied by a statement of the time within which objections to the local plan may be made to the council who have prepared the plan ; and the copy sent to the Secretary of State shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the council preparing the plan have taken to comply with sub-paragraph (1) above, and

(b) of the council's consultations with, and their consideration of the views of, other persons.

Publicity for joint local plans

13 (1) Where two or more local planning authorities propose to join in the preparation of a joint local plan for a combined area, they shall together take such steps as will in their opinion secure—

(a) that adequate publicity is given in the areas of those authorities to any relevant matter arising out of a survey under section 6 of this Act (including any joint survey) and 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 an opportunity of doing so ; and

(c) that such persons are given an adequate opportunity of making such representations ;

and the authorities shall consider any representations made to them within the prescribed period:

Provided that where one of the authorities is the Greater London Council, that Council shall not be required to take any steps under this sub-paragraph which can in the Council's opinion be taken, and are taken, by the council of any London borough in which any part of the combined area is comprised.

(2) After preparing a joint plan, the planning authorities concerned shall before adopting it or submitting it for approval under section 14 of this Act (but not before the Secretary of State has finally approved the Greater London development plan) make copies of the plan available at the offices of each of the authorities respectively and at such other places as may be prescribed and send copies of the plan to the Secretary of State and (in a case where the Greater London Council is not one of the authorities joining in the preparation of the plan) to that Council.

(3) Each copy of a joint local plan made available for inspection as required by sub-paragraph (2) above shall be accompanied by a statement of the time within which objections to the plan may be made to the planning authorities concerned ; and the copy sent to the Secretary of State shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the planning authorities concerned have respectively taken to comply with sub-paragraph (1) above, and

(b) of those authorities' consultations with, and their consideration of the views of, other persons.

Power of Secretary of State to suspend adoption

14 (1) In relation to a local plan (joint or other) prepared under this Schedule, section 14(1) of this Act shall have effect as if the reference to section 12 were to the following provisions of this paragraph.

(2) If, on considering the statement submitted with, and the matters included in, a local plan so prepared and other information provided by the authority who prepared the plan (or as the case may be, the authorities who joined in its preparation) the Secretary of State is not satisfied that the purposes of paragraph 12(1)(a) to (c) above or, as the case may be, of paragraph 13(1)(a) to (c) above have been adequately achieved by the steps taken in that behalf by the authority or authorities, he may within twenty-one days of the receipt of the statement direct that no further steps for the adoption of the plan be taken without such further action as he may specify having been taken in order better to achieve those purposes and his being satisfied that such action has been taken.

(3) A planning authority who are given directions by the Secretary of State under this paragraph shall—

(a) forthwith withdraw copies of the local plan made available for inspection as required by paragraph 12 or 13 above, and

(b) in a case where objections to the plan have been made by any person, notify him that the Secretary of State has given such directions as aforesaid.

Other modifications of Part II in relation to preparation and adoption of joint local plans

15 (1) In relation to a joint local plan prepared for a combined area by two or more planning authorities, sections 13, 14, and 18 of this Act shall apply, but with the following modifications.

(2) In section 13, references to the local planning authority shall be read as references to those authorities.

(3) In the case of section 14—

(a) subsection (1) shall be read as enabling each of the authorities to adopt the plan so far as it relates to any part of that authority's area, subject only to such modifications as may have been agreed between all the authorities ;

(b) subsection (2) shall apply to each of the authorities ;

(c) subsection (3) shall be read as referring to adoption by all the authorities ;

(d) references in subsection (4) (except in paragraph (e)) to a local planning authority shall be read as references to those authorities.

(4) The date appointed under section 18(4) for the joint plan to become operative shall be a date jointly agreed between the authorities who joined in the preparation of the plan and be specified in their respective resolutions adopting the plan.

Alteration etc. of local plans

16 (1) In relation to a local plan adopted for an area in Greater London (other than a joint local plan), section 15 of this Act shall apply as if the following were substituted for subsection (3)—

“(3) The provisions of paragraphs 11(4) and (5) and 12 of Schedule 4 to this Act, and of sections 13 and 14 of this Act, shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this section, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under that Schedule and to a local plan prepared thereunder.”;

and in relation to a joint local plan so adopted, the following provisions of this paragraph shall apply in place of section 15.

(2) Proposals for the alteration, repeal or replacement of the joint plan may be made by any of the authorities who joined in the preparation of the plan or by those authorities acting together, but—

(a) in the case of a plan which the Secretary of State has approved, only with his consent;

(b) in the case of proposals made by a single authority, only in relation to so much of the combined area of the plan as is comprised in that authority's area.

(3) Without prejudice to sub-paragraph (2) above, any of the authorities who joined in the preparation of the plan shall, if the Secretary of State gives them a direction in that behalf, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the plan ; but no such direction shall be given except for the preparation of proposals relating to so much of the combined area of the plan as is comprised in the area of that authority.

(4) The provisions of paragraphs 12 to 14 of this Schedule and of sections 13 and 14 of this Act (as applied by paragraph 15 above) shall apply in relation to the making of proposals for the alteration, repeal or replacement of the joint local plan under this paragraph, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a joint local plan under this Schedule and to a joint local plan prepared thereunder.

Consultation between planning authorities

17 (1) A London borough council shall before preparing a local plan under this Schedule, or proposals for the alteration, repeal or replacement of such a plan, and before complying with paragraph 12(2) of this Schedule in relation to any such plan or proposals, consult the Greater London Council.

(2) Before preparing a joint local plan under this Schedule, or proposals for the alteration, repeal or replacement of such a plan, and before complying with paragraph 13(2) of this Schedule in relation to any such plan or proposals, the local planning authorities joining in the preparation of the pian or, as the case may be, preparing the proposals, shall consult the Greater London Council.

(3) The Greater London Council shall, before preparing a local plan or proposals for the alteration, repeal or replacement of such a plan, consult the council of any London borough in which there is comprised any part of the area of the plan, and shall consult that council before complying with paragraph 12(2) of this Schedule in relation to any such plan or proposals.

(4) Where under this paragraph any local planning authority is required to consult another such authority with respect to any matter, they shall inform the other authority of their proposals in relation to that matter and consider any representations made to them by the other authority within such time as may be prescribed ".”.