Housing and Planning Act 1986

Consequential amendments of other enactments

22 In section 182(5) of the [1972 c. 70.] Local Government Act 1972 (functions exercisable in National Park concurrently by county planning authority and district planning authority), for the words " (waste land) ", which describe the subject-matter of section 65 of the [1971 c. 78.] Town and Country Planning Act 1971, substitute " (power to require proper maintenance of land) ".

23 (1) Part I of Schedule 16 to the Local Government Act 1972 (functions under and modification of Town and Country Planning Act 1971) is amended as follows.

(2) For paragraphs 10 to 12 (joint local plans) substitute, except as respects Greater London—

“10 (1) This paragraph applies where two or more local planning authorities jointly prepare proposals for the making, alteration, repeal or replacement of a local plan.

(2) The local planning authorities are jointly responsible for taking the steps required by section 12 or 12A, except that they each have the duty imposed by section 12(4)(a) or 12A(2)(a) of making copies of the relevant documents available for inspection and objections to the proposals may be made to any of those authorities and the statement required by section 12(5) or 12A(3) to accompany the relevant documents shall state that objections may be so made.

(3) It shall be for each of the local planning authorities to adopt the proposals under section 14(1) and they may do so as respects any part of their area to which the proposals relate, but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.

11 Where in a non-metropolitan county—

(a) a structure plan has been jointly prepared by two or more county planning authorities, or

(b) a local plan has been jointly prepared by two or more district planning authorities,

a request for a certificate under section 15 that the local plan conforms generally to the structure plan shall be made by each district planning authority to the county planning authority for the area comprising the district planning authority's area and it shall be for that county planning authority to deal with the request.

12 Where a local plan has been made jointly, the power of making proposals for its alteration, repeal or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, in accordance with the provisions of the relevant local plan scheme, and the Secretary of State may under section 11B direct any of them to make proposals as respects their respective areas.”.

(3) In paragraph 19(2) (planning applications subject to duty to consult county planning authority)—

(a) in sub-paragraph (vi), for the words from " section 12 " to the end substitute " section 12 or 12A (publicity and consultation regarding local plans) ", and

(b) in sub-paragraph (vii), for the words from " the said section 12 " to the end substitute " section 12 or 12A (publicity and consultation regarding local plans) ".

24 In section 8(3) of the [1978 c. 3.] Refuse Disposal (Amenity) Act 1978 (application of general provisions of Town and Country Planning Act 1971 relating to local inquiries and service of notices) for " to 284 " substitute " 283 and 284 ".

25 (1) The [1982 c. 52.] Industrial Development Act 1982 is amended as follows.

(2) In section 14 (power of Secretary of State to provide premises and sites), in subsection (2) (restriction on acquisition of buildings) for " section 66 of the Town and Country Planning Act 1971 " substitute " section 14A of this Act ".

(3) After that section insert—

“14A Meaning of' industrial buildings'.

(1) In section 14(2) of this Act "industrial building " means a building which is used or designed for use for carrying on, in the course of a trade or business, a process for or incidental to any of the following purposes—

(a) the making of any article or part of any article,

(b) the altering, repairing, ornamenting, finishing, cleaning, washing, freezing, packing or canning, or adapting for sale, or breaking up or demolition, of any article, or

(c) the getting, dressing or preparation for sale of minerals or the extraction or preparation for sale of oil or brine,

or which is used or designed for use for carrying on, in the course of a trade or business, scientific research.

(2) For the purposes of subsection (1) premises which—

(a) are used or designed for use for providing services or facilities ancillary to the use of other premises for the carrying on of any such process or research as is mentioned in that subsection, and

(b) are or are to be comprised in the same building or the same curtilage as those other premises,

shall themselves be treated as used or designed for use for the carrying on of such a process or, as the case may be, of such research.

(3) In this section—

• ' article' means an article of any description, including a ship or vessel;

• ' building' includes part of a building ;

• ' minerals ˜ includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale ;

• ' scientific research' means any activity in the fields of natural or applied science for the extension of knowledge.”.

26 In Part I of Schedule 1 to the [1985 c. 51.] Local Government Act 1985 (unitary development plans), in paragraph 12 (John plans), for subparagraph (7) substitute—

“(7) In relation to any proposals made jointly under paragraph 10 above, the references—

(a) in sub-paragraph (2) of that paragraph to paragraphs 2 to 9 above, and

(b) in paragraph 10A(1) above to paragraph 3(1) above,

shall include a reference to sub-paragraph (2) above.

(7A) In relation to such joint proposals the references in paragraph 10A above 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 subparagraph (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 sub-paragraph (3) of that paragraph shall state that objections may be so made.”

27 (1) In Part II of Schedule 1 to the Local Government Act 1985 (transitional provisions), paragraph 20 (local plans between abolition date and commencement of unitary planning provisions) is amended as follows.

(2) In sub-paragraph (2) (application of provisions of Part II of Town and Country Planning Act 1971) omit the words from " and in respect of those matters " to the end.

(3) After that sub-paragraph insert—

“(2A) In respect of the matters referred to in sub-paragraph (2) the following provisions (which relate to county planning authorities) do not apply to metropolitan district councils, namely, sections 11 A, 11B(4), 12(3) and (4)(c), 12A(2)(c). 15, 15A and 15B(2).”.

(4) For sub-paragraph (3) substitute—

“(3) In section 15(1) and (2) (alteration of local plans), as applying in Greater London, the reference to a local plan adopted by a local planning authority includes, in the case of a London borough council, a local plan adopted by the Greater London Council and in force in respect of the area of that authority on the abolition date.

(3A) A metropolitan district council may at any time—

(a) make proposals for the preparation, alteration, repeal or replacement of a local plan adopted by them or adopted by the metropolitan county council and in force in the area of that authority on the abolition date;

(b) with the consent of the Secretary of State, make proposals for the alteration, repeal or replacement of a local plan approved by him.”.