Town and Country Planning Act 1990

Part II E+W Development Plans

Chapter I E+W Unitary Development Plans: Metropolitan Areas including London

Modifications etc. (not altering text)

C1 Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)

Preliminary E+W

10 Application of Chapter I to Greater London and metropolitan counties. E+W

This Chapter applies, subject to section 28, to the area of any local planning authority in Greater London or a metropolitan county (other than any area in such a county which is part of a National Park).

[F1 10A Application of Chapter I in relation to Wales. E+W

(1) This Chapter also applies to the area of any local planning authority in Wales.

(2) Subsections (3) and (4) apply where the area of a local planning authority in Wales includes—

(a) the whole or any part of an area prescribed under section 23B(2) in relation to a National Park, and

(b) other land.

(3) The provisions of this Chapter apply separately in relation to—

(a) the Park area or, if there is more than one, each Park area, and

(b) the remaining area.

(4) Any reference in any of the following sections of this Chapter to the area of the local planning authority (including any reference which falls to be so construed) shall be construed—

(a) in its application in relation to any Park area, as a reference to that Park area, and

(b) in its application in relation to the remaining area, as a reference to that area.

(5) In this section—

• “the Park area”, in relation to a National Park, means the part of the local planning authority’s area which is within the area prescribed under section 23B(2) in relation to that Park or, where there is more than one such part, those parts taken as a whole;

• “the remaining area” means the part of the local planning authority’s area which is not within the area so prescribed in relation to any National Park.]

Textual Amendments

F1 S. 10A inserted (1.4.1996) by 1994 c. 19, s. 20(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Surveys etc. E+W

11 Survey of planning areas. E+W

(1) The local planning authority—

(a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b) may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.

(2) Without prejudice to the generality of subsection (1), the matters to be kept under review or examined under that subsection shall include—

(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b) the size, composition and distribution of the population of that area (whether resident or otherwise);

(c) without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d) any considerations not mentioned in paragraphs (a), (b) and (c) which may be expected to affect any matters mentioned in them;

(e) such other matters as may be prescribed or as the Secretary of State may in a particular case direct;

(f) any changes already projected in any of the matters mentioned in any of paragraphs (a) to (e) and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3) A local planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.

Preparation and adoption of unitary development plans E+W

12 Preparation of unitary development plan. E+W

(1) The local planning authority shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a unitary development plan.

(2) A unitary development plan shall comprise two parts.

(3) Part I of a unitary development plan shall consist of a written statement formulating the authority’s general policies in respect of the development and [F2 use of land in their area.

(3A) The policies shall, subject to subsection (3B), include policies in respect of—

(a) the conservation of the natural beauty and amenity of the land;

(b) the improvement of the physical environment; and

(c) the management of traffic.

(3B) Regulations under this section may prescribe the aspects of such development and use with which the general policies in Part I of a unitary development plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.]

[F3 (3C) In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force.]

(4) Part II of a unitary development plan shall consist of—

(a) a written statement formulating in such detail as the authority think appropriate (and so as to be readily distinguishable from the other contents of the plan) their proposals for the development and F4 . . . use of land in their area F4 . . . ;

(b) a map showing those proposals on a geographical basis;

(c) a reasoned justification of the general policies in Part I of the plan and of the proposals in Part II of it; and

(d) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies in Part I of the plan or the proposals in Part II of it as the authority think appropriate or as may be prescribed.

(5) A unitary development plan shall also contain such other matters as may be prescribed or as the Secretary of State may in any particular case direct.

[F5 (6) In formulating the general policies in Part I of a unitary development plan the authority shall have regard to—

(a) any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b) current national policies;

(c) the resources likely to be available; and

(d) such other matters as the Secretary of State may prescribe or, in a particular case, direct.]

(7) The proposals in Part II of a unitary development plan shall be in general conformity with Part I [F6 and, in the case of a London borough council, with the spatial development strategy].

[F7 (7A) In formulating their proposals in Part II of a unitary development plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.]

(8) Part II of a unitary development plan may designate any part of the authority’s area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method) and if an area is so designated that Part of the plan shall contain a description of the treatment proposed by the authority.

(9) In preparing a unitary development plan the authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the M1 Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

[F8 (10) Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.]

[F9 (11) Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.]

Textual Amendments

F2 S. 12(3A)(3B) and preceding words substituted (25.11.1991 for certain purposes otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para. 2(1) (with s. 84(5)); S.I. 1991/2728, art. 2 and S.I. 1991/2905, art. 4

F3 S. 12(3C) inserted (12.1.2000) by 1999 c. 29, s. 344(2) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

F4 Words in s. 12(4)(a) repealed (25.11.1991 for certain purposes otherwise 10.2.1992) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84, Sch. 4 Pt. I para. 2(2), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2 and S.I. 1991/2905, art. 4, Sch. 3

F5 S. 12(6) substituted (25.11.1991 for certain purposes otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 2(3) (with s. 84(5)); S.I. 1991/2728, art. 2 and S.I. 1991/2905, art. 4

F6 Words in s. 12(7) inserted (12.1.2000) by 1999 c. 29, s. 344(3) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

F7 S. 12(7A) inserted (25.11.1991 for certain purposes otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 2(4) (with s. 84(5)); S.I. 1991/2728, art. 2 and S.I. 1991/2905, art. 4

F8 S. 12(10) inserted (25.11.1991 for certain purposes otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 2 (5)(with s. 84(5)); S.I. 1991/2728, art. 2 and S.I. 1991/2905, art. 4

F9 S. 12(11) added (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 2 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Modifications etc. (not altering text)

C2 S. 12(3A) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1))

C3 S. 12(3A) modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 37

Marginal Citations

M1 1980 c. 65.

[F10 12A Urban development corporations. E+W

(1) The Secretary of State may direct that a unitary development plan—

(a) shall not be prepared; or

(b) shall not operate,

in relation to the area of an urban development corporation.

(2) The Secretary of State may direct that proposals for the alteration or replacement of a unitary development plan shall not be prepared in relation to the area of an urban development corporation.]

Textual Amendments

F10 S. 12A inserted (10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.3(with s. 84(5)); S.I. 1991/2905, art. 4

[F11 13 Public participation. E+W

(1) When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall—

(a) comply with—

(i) any requirements imposed by regulations made under section 26; and

(ii) any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b) consider any representations made in accordance with those regulations.

[F12 (1A) Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy.]]

(2) Where the local planning authority have prepared a unitary development plan, before adopting it they shall—

(a) make copies of it available for inspection at such places as may be prescribed by those regulations;

(b) send a copy to the Secretary of State; and

(c) comply with any requirements imposed by those regulations.

(3) Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4) In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 26 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a) in accordance with regulations made under that section; and

(b) within the prescribed period.

(5) The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

[F13 (5A) If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations.]

(6) A unitary development plan shall not be adopted by the authority under section 15 until—

(a) after they have considered any objections made in accordance with the regulations; or

(b) if no such objections are made, after the expiry of the prescribed period.

Textual Amendments

F11 S. 13 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. I, para.4 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F12 S. 13(1A) inserted (12.1.2000) by 1999 c. 29, s. 344(4) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

F13 S. 13(5A) inserted (12.1.2000) by 1999 c. 29, s. 344(5) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

14 Withdrawal of unitary development plan. E+W

(1) A unitary development plan may be withdrawn by the local planning authority at any time before it is adopted by the authority or approved by the Secretary of State and shall be withdrawn by the authority if the Secretary of State so directs.

(2) Where a unitary development plan is withdrawn the authority shall—

(a) withdraw the copies made available for inspection and sent to the Secretary of State under section [F14 13(2)]; and

(b) give notice that the plan has been withdrawn to every person who has made an objection to it.

F15 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a unitary development plan is withdrawn the copies of the plan shall be treated as never having been made available under section [F14 13(2)].

Textual Amendments

F14 Word in s. 14(2)(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 para.5(a) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F15 S. 14(3) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 5(b); S.I. 1991/2728, art. 2 and repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, 84(6) Sch. 4 Pt. I, para. 5(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

15 Adoption of unitary development plan by local planning authority. E+W

[F16 (1) Subject to the following provisions of this section and sections 17 and 18, the local planning authority may by resolution adopt the unitary development plan, either as originally prepared or as modified so as to take account of—

(a) any objections to the plan; or

(b) any other considerations which appear to them to be material.]

(2) A unitary development plan shall not be adopted unless Part II of the plan is in general conformity with Part I.

[F17 (2A) A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy.]

(3) F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to the following provisions of this Chapter and to section 287, a unitary development plan [F19 for an area in England] shall become operative on the date on which it is adopted.

Textual Amendments

F16 S. 15(1) 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. I, para. 6 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F17 S. 15(2A) inserted (12.1.2000) by 1999 c. 29, s. 344(6) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

F18 S. 15(3) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

F19 Words in s. 15(3) inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

16 Local inquiries. E+W

[F20 (1) Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(1A) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(1B) The local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.]

(2) Subsections (2) and (3) of section 250 of the M2 Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this section as they apply to an inquiry under that section.

(3) The M3 Tribunals and Inquiries Act [F21 1992]shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in [F22 section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local planning authority.

(4) Regulations made for the purposes of this section may—

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this section, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person or one of a specified list or class of persons;

(b) make provision with respect to the remuneration and allowances of a person appointed for that purpose.

(5) No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.

Textual Amendments

F20 S. 16(1)(1A)(B) substituted for s. 16(1) (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. I, para. 7 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F21 Word in s. 16(3) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 22(a)

F22 Words in s. 16(3) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 22(b)

Marginal Citations

M2 1972 c. 70.

M3 1992 c. 53.

Secretary of State’s powers concerning plans E+W

17 Direction to reconsider proposals. E+W

(1) After a copy of a unitary development plan has been sent to the Secretary of State under section [F23 13(2)] and before it is adopted by the local planning authority, the Secretary of State may, if it appears to him that the plan is unsatisfactory, direct the authority to [F24 modify] the proposals in such respects as are indicated in the direction.

(2) An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

Textual Amendments

F23 Word in s. 17(1) 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. I para.9 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4

F24 Word in s. 17(1) 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. I para.8 (with s. 84(5)); S.I. 1991/2728, art.2, S.I. 1991/2905, art. 4

18 Calling in of unitary development plan for approval by Secretary of State. E+W

(1) After a copy of a unitary development plan has been sent to the Secretary of State under section [F25 13(2)] and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval.

(2) If such a direction is given—

(a) the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and

(b) the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the previous provisions of this Chapter.

(3) F26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsection (2)(a) applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under section 16; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority need not give any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under section 20 or which the Secretary of State states that he has considered in making his decision.

Textual Amendments

F25 Word in s. 18(1) 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. I para. 9 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F26 S. 18(3) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

19 Approval of unitary development plan by Secretary of State. E+W

(1) Subject to section 20, the Secretary of State may after considering a plan or part of a plan submitted to him under section 18(1) either approve it (in whole or in part and with or without modifications or reservations) or reject it.

(2) In considering a plan or part of a plan submitted to him under that section the Secretary of State may take into account any matters which he thinks relevant, whether or not they were taken into account in [F27 preparing] the plan or that part of it.

(3) The Secretary of State shall give a local planning authority such statement as he considers appropriate of the reasons governing his decision on any plan or part of a plan submitted to him.

(4) Where the whole or part of Part I of a unitary development plan is approved by the Secretary of State with modifications, the local planning authority shall, before adopting the remainder of the plan, make such modifications in Part II as may be directed by the Secretary of State for bringing it into general conformity with Part I and, in the absence of any such direction, shall make such modifications for that purpose in Part II as appear to the authority to be required.

(5) Subject to section 287, a plan or part of a plan which is approved by the Secretary of State under this section shall become operative on such day as he may appoint.

Textual Amendments

F27 Word in s. 19(2) inserted (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. I para.10 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

20 Local inquiry, public examination and consultation by Secretary of State. E+W

(1) Before deciding whether or not to approve a plan or part of a plan submitted to him under section 18(1), the Secretary of State shall consider any objection to it so far as made in accordance with [F28 the regulations.].

(2) Where the whole or part of Part II of a unitary development plan is submitted to the Secretary of State under section 18(1) (whether or not the whole or part of Part I is also submitted), then, if any objections have been made to the plan or the relevant part of it as mentioned in subsection (1), before deciding whether to approve it he shall cause a local inquiry or other hearing to be held for the purpose of considering those objections.

(3) The Secretary of State need not under subsection (1) consider any objections which have already been considered by the local planning authority and need not cause a local inquiry or other hearing to be held under subsection (2) if that authority have already held a local inquiry or other hearing into the objections under section 16 or the Secretary of State, on taking the plan or the relevant part of it into consideration, decides to reject it.

(4) Where the whole or part of Part I of a unitary development plan (but not the whole or any part of Part II) is submitted to the Secretary of State under section 18(1) he may cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting the Secretary of State’s consideration of the part of the plan submitted to him as he considers ought to be so examined.

(5) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination under subsection (4).

(6) The Secretary of State shall not be required to secure to any local planning authority or other person a right to be heard at an examination under subsection (4), and the bodies and persons who may take part shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so; but the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part if it appears to him or them desirable to do so.

(7) An examination under subsection (4) shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the M4 Tribunals and Inquiries Act [F29 1992] but shall not constitute such an inquiry for any other purpose of that Act.

(8) On considering a plan or part of a plan submitted to him under section 18(1) the Secretary of State may consult with or consider the views of any local planning authority or other person but he need not do so except as provided by this section.

Textual Amendments

F28 Words in s. 20(1) 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. I, para. 11 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F29 Word in s. 20(7) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 23

Modifications etc. (not altering text)

C4 S. 20 restricted (23.6.1992) by S.I. 1992/1491, art. 3

Marginal Citations

M4 1992 c. 53.

Alteration of plans E+W

21 Alteration or replacement of unitary development plan. E+W

[F30 (1) A local planning authority may at any time prepare proposals—

(a) for alterations to the unitary development plan for their area; or

(b) for its replacement.

(1A) If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a) such alterations to the unitary development plan as he directs; or

(b) its replacement.

(1B) An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.]

(2) F31 . . .Sections 12 to 20 (other than subsection (1) of section 12) shall apply in relation to the making of proposals under this section and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under section 12 and to a plan prepared under that section.

(3) As soon as practicable after—

(a) an order has been made under paragraph 5 of Schedule 32 to the M5 Local Government, Planning and Land Act 1980 (designation of enterprise zone); or

(b) a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),

the local planning authority for an area in which the zone is wholly or partly situated shall review any unitary development plan for that area in the light of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this section for any consequential alterations to the plan which they consider necessary.

Textual Amendments

F30 S. 21(1)-(1B) substituted for s. 21(1) (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. I para. 12(1)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F31 Words in s. 21(2) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 12(2)(with s. 84(1)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 12(2), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

Marginal Citations

M5 1980 c. 65.

F32 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F32 S. 22 omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 13 (with s. 84(5)); S.I. 1991/2728, art. 2 and 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. I para. 13, Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

[F33 Greater London: conformity with spatial development strategy] E+W

Textual Amendments

F33 S. 21A and cross-heading inserted (12.1.2000) by 1999 c. 29, s. 344(7) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

[F34 21A “Greater London: conformity with spatial development strategy. E+W

(1) Where—

(a) a local planning authority in Greater London propose to make, alter or replace a unitary development plan;

(b) copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 335(2) of the Greater London Authority Act 1999; and

(c) the local planning authority include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,

the permitted assumption shall, subject to subsection (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy).

(2) In this section “the permitted assumption” means the assumption that—

(a) the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or

(b) if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 343 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified,

have become operative under section 337(9) of that Act.

(3) For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority.

(4) The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn. ”]

Textual Amendments

F34 S. 21A inserted (12.1.2000) by 1999 c. 29, s. 344(7) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

Joint plans E+W

23 Joint unitary development plans. E+W

(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.

F35 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by subsection [F36 (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 [F37 (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 [F38 preparing] 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 [F38 prepare] proposals as respects their respective areas.

F35 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F35 S. 23(2)-(4)(9)(10) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 14(a) (with s. 84(5)); S.I. 1991/2728, art. 2 and 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. I, para. 14(a), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

F36 Word in s. 23(5) 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. I, para. 14(b) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F37 Word in s. 23(6) 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. I, para. 14(c) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F38 Words in s. 23(8) 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. I para. 14(d) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C5 S. 23 restricted (in respect of the presence of a hazardous substance without hazardous substances consent during the period of 28 days beginning with 1.6.1992) by S.I. 1992/725, art. 4

[F39 23A Joint unitary development plans: Wales. E+W

(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 Wales for their areas if—

(a) each of those areas adjoins each of the others; or

(b) the Secretary of State has given his approval.

(2) Subsection (1) does not apply in relation to a joint plan for any area which consists of or includes a National Park.

(3) The previous provisions of this Chapter shall, in relation to any joint plan or proposals of a kind mentioned in subsection (1), have effect subject to the following provisions of this section.

(4) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed under section 13(2) of making copies of the plan available for inspection.

(5) Objections to such a plan may be made to any of those authorities and the statement required by section 13(3) to accompany copies of the plan shall state that objections may be so made.

(6) 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, subject to the provisions of this Chapter, they may do so as respects the 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.

(7) Where a unitary development plan has been prepared jointly, the power of preparing 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 prepare proposals as respects their respective areas.

(8) 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

F39 Ss. 23A-23C inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 4 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

F40 23B Unitary development plans for National Parks in Wales. E+W

(1) A unitary development plan shall be prepared for each National Park in Wales.

(2) A Welsh National Park development plan shall relate to an area prescribed in relation to the National Park in question by order made by the Secretary of State.

(3) The prescribed area in relation to a National Park which falls wholly within, but does not comprise the whole of, the area of a single local planning authority shall be—

(a) where the local planning authority have so elected, the whole of the area of the local planning authority; and

(b) in any other case—

(i) the whole of the area of the National Park; or

(ii) a composite area.

(4) The prescribed area in relation to any other Welsh National Park shall be—

(a) the whole of the area of the National Park; or

(b) a composite area.

(5) For the purposes of this section and section 23C, “composite area”, in relation to a National Park, means an area which consists of the whole of the Park together with any one or more other areas in Wales.

(6) The Secretary of State shall not under subsection (2) prescribe an area which is a composite area except with the consent of every local planning authority in whose area the prescribed area or any part of it would fall.

(7) Any order made by the Secretary of State under subsection (2) may make such saving or transitional provision as he considers appropriate.

(8) Where, by an order under subsection (2), the Secretary of State prescribes a composite area which comprises or includes part only of the area of a local planning authority, the provisions of this Chapter shall apply in relation to—

(a) the Welsh National Park development plan in question, or

(b) any proposals for its alteration or replacement,

subject to such modifications, if any, as may be prescribed by the order.

(9) Subsections (3) and (4) of section 10A do not apply for the purposes of—

(a) subsection (3) or (8) of this section, or

(b) section 23C(1), (2) or (4).

(10) For the purposes of this Act, “Welsh National Park development plan” means a unitary development plan prepared for a National Park in Wales.

Textual Amendments

F40 Ss. 23A-23C inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 4 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

F41 23C Joint unitary development plans for National Parks in Wales. E+W

(1) A Welsh National Park development plan for a National Park which neither coincides with nor falls wholly within the area of a single local planning authority shall be a joint unitary development plan.

(2) A Welsh National Park development plan for any other National Park shall be a joint unitary development plan if it relates to a composite area unless the composite area coincides with or falls wholly within the area of a single local planning authority.

(3) Any Welsh National Park development plan which is required to be a joint plan shall be prepared by the authorities who will be the appropriate authorities in relation to the plan.

(4) For the purposes of this section, an authority are an appropriate authority in relation to a joint plan if—

(a) they are a local planning authority; and

(b) their area or any part of their area falls within the area to which the plan relates.

(5) Any proposals prepared under section 21 for the alteration or replacement of a joint plan of a kind mentioned in subsection (1) or (2) shall be joint proposals prepared by the appropriate authorities in relation to that plan, and any direction given by the Secretary of State under that section in relation to that plan shall be given jointly to those authorities.

(6) Subsections (3) to (6) and (8) of section 23A apply in relation to any joint plan or proposals of a kind mentioned in subsection (1), (2) or (5) as they apply in relation to any joint plan or proposals of a kind mentioned in section 23A(1).

Textual Amendments

F41 Ss. 23A-23C inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 4 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Supplementary E+W

24 Disregard of certain representations. E+W

Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority shall be required to consider representations or objections with respect to a unitary development plan or any proposals for the alteration or replacement of such a plan if it appears to the Secretary of State or, as the case may be, the authority that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the M6 Highways Act 1980;

(b) an order or scheme under any provision replaced by the provisions mentioned in paragraph (a), namely, an order or scheme under section 7, 9, 11, 13 or 20 of the M7 Highways Act 1959, section 3 of the M8 Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the M9 Highways Act 1971; or

(c) an order under section 1 of the M10 New Towns Act 1981.

Marginal Citations

M6 1980 c. 66.

M7 1959 c. 25.

M8 1961 c. 63.

M9 1971 c. 41.

M10 1981 c. 64.

25 Default powers. E+W

(1) Where, by virtue of any of the previous provisions of this Chapter, any unitary development plan or proposals for the alteration or replacement of such a plan are required to be prepared, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a) if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a plan or proposals within a reasonable period; or

(b) in a case where a period is specified for the preparation or adoption of any such plan or proposals, if no such plan or proposals have been prepared or adopted by the local planning authority within that period,

the Secretary of State may prepare and make the plan or any part of it or, as the case may be, alter or replace it, as he thinks fit.

(2) The previous provisions of this Chapter shall, so far as practicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State and the thing so done.

(3) The authority mentioned in subsection (1) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions.

26 Regulations and directions. E+W

(1) Without prejudice to the previous provisions of this Chapter, the Secretary of State may make regulations with respect to the form and content of unitary development plans and the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration or replacement.

(2) Such regulations may in particular—

(a) provide for publicity to be given to the results of any review or survey carried out under section 11;

(b) provide for the notice to be given of or the publicity to be given to—

(i) matters included or proposed to be included in any unitary development plan,

(ii) the approval, adoption or making of any such plan or any alteration or replacement of it, or

(iii) any other prescribed procedural step,

and for publicity to be given to the procedure to be followed as mentioned in subsection (1);

[F42 (bb) make provision with respect to the making of an application to the Mayor of London for a written opinion under section 13(1A) and the giving by him of such an opinion (including provision as to the time within which such an application or opinion must be made or given);]

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration or replacement;

[F43 (cc) make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;]

(d) without prejudice to paragraph (b), provide for notice to be given to particular persons of the approval, adoption, alteration or replacement of any plan if they have objected to the plan and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

(e) require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f) require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public [F44 in compliance with the regulations or available for inspection under section 13(2)], subject (if the regulations so provide) to the payment of a reasonable charge;

[F45 (ff) make provision for steps taken in compliance with the regulations in respect of a unitary development plan which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent unitary development plan;]

(g) provide for the publication and inspection of any unitary development plan which has been adopted, approved or made or any document approved, adopted or made altering or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(3) Regulations under this section may make different provision for different cases.

[F46 (3A) Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.]

(4) Subject to the previous provisions of this Chapter and to any regulations under this section, the Secretary of State may give directions to any local planning authority or to local planning authorities generally—

(a) for formulating the procedure for the carrying out of their functions under this Chapter;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Chapter.

Textual Amendments

F42 S. 26(2)(bb) inserted (12.1.2000) by 1999 c. 29, s. 344(8) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

F43 S. 26(2)(cc) inserted (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. I para. 15(a) (with s. 84(5)); S.I. 1991/2728, art. 2 and S.I. 1991/2905, art. 4

F44 Words in s. 26(f) 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. I para. 15(b) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F45 S. 26(ff) inserted (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 para. 15(c) (with s. 84(5)); S.I. 1991/2728, art. 2 and S.I. 1991/2905, art. 4

F46 S. 26(3A) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 5 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

27 Meaning of “development plan” in Greater London and metropolitan counties. E+W

For the purposes of this Act and any other enactment relating to town and country planning, the M11 Land Compensation Act 1961 and the M12 Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a) the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority’s resolution of adoption or the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b) any alteration to that plan, together with a copy of the authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

Modifications etc. (not altering text)

C6 S. 27 modified (1.5.1994) by S.I. 1994/1210, art. 7(1)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1863, art. 4(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1867, art. 13(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1875, art. 5(5)(a)

C7 S. 27: functions of local authority not to be sole responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Marginal Citations

M11 1961 c. 33.

M12 1980 c. 66.

[F47 27A Meaning of “development plan” in relation to Wales. E+W

For the purposes of the enactments mentioned in section 27, the development plan for any area in Wales shall be taken as consisting of—

(a) the provisions of the unitary development plan for the time being in force for that area, together with a copy of the relevant local planning authority’s resolution of adoption or of the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b) any alteration to that plan, together with a copy of the relevant local planning authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.]

Textual Amendments

F47 S. 27A inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 6 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

28 Commencement of Chapter I: transitional provisions. E+W

(1) Subject to subsection (2), the provisions of this Chapter shall come into force in the area of any local planning authority in Greater London or a metropolitan county (other than any area in that county which is part of a National Park) on such day as may be appointed in relation to that area by an order made by the Secretary of State.

(2) Subsection (1) does not apply in any area in relation to which an order has been made before the commencement of this Act under section 4(1) of the M13 Local Government Act 1985 (commencement of Part I of Schedule 1 to that Act) and in any such area the provisions of this Chapter shall come into force at the commencement of this Act or, if later, on the day appointed by the order.

(3) Until a unitary development plan becomes operative under this Chapter for such an area as is mentioned in subsection (1) (or where parts of such a plan become operative on different dates until every part has become operative)—

(a) if it is the area of a local planning authority in a metropolitan county, Part I of Schedule 2 (which provides for existing plans to continue in force and applies some of the provisions of Chapter II) shall apply in relation to it;

(b) if it is the area of a local planning authority in Greater London, Part II of that Schedule (which makes similar provision) shall apply in relation to it; and

(c) Part III of that Schedule shall apply in relation to it for the purpose of making continuing provision for the transitional matters for which provision was made immediately before the commencement of this Act by Schedule 7 to the 1971 Act (old development plans etc.).

(4) The power to make orders under this section may be exercised so as to make different provision for different cases, including different provision for different areas.

Modifications etc. (not altering text)

C8 S. 28 excluded (1.5.1994) by S.I. 1994/1210, art. 7(2)

S. 28 excluded (1.4.1998) by S.I. 1996/1863, art. 4(3)(b)

S. 28 excluded (1.4.1998) by S.I. 1996/1867, art. 13(3)(b)

S. 28 excluded (1.4.1998) by S.I. 1996/1875, art. 5(5)(b)

Marginal Citations

M13 1985 c. 51.

[F48 28A Application of Chapter I in relation to Wales: transitional provisions. E+W

(1) Until a unitary development plan becomes fully operative for the area of any local planning authority in Wales—

(a) Part IA of Schedule 2, and

(b) Part III of Schedule 5 to the Local Government (Wales) Act 1994 (transitional provisions in relation to structure and local plans),

shall apply in relation to that area.

(2) For the purposes of this Chapter, a unitary development plan for the area of a local planning authority in Wales has become fully operative when—

(a) it has become operative under this Chapter; or

(b) where different parts have become operative at different times, when all parts of it have become so operative.]

Textual Amendments

F48 S. 28A inserted (1.4.1996) by 1994 c. 19, s. 20(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Chapter II E+W Structure and Local Plans: Non-Metropolitan Areas

Modifications etc. (not altering text)

C9 Pt. II Chapter II (ss. 29-54): certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 3 (with arts. 4(b), 5(2), Sch. Pt. II)

Pt. II Ch. II (ss. 29-54): applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 13(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. II Ch. II (ss. 29-54): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(b)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 6)

Preliminary E+W

[F49 29 Application of Chapter II to non-metropolitan areas in England. E+W

(1) This Chapter applies only to—

(a) the area of any local planning authority in England outside Greater London and the metropolitan counties; and

(b) any part of a National Park in a metropolitan county in England.

(2) Subsection (1) is subject to the transitional provisions in—

(a) Schedule 2; and

(b) Part III of Schedule 5 to the Local Government (Wales) Act 1994.]

Textual Amendments

F49 S. 29 substituted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 7 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Surveys, etc. E+W

30 Survey of planning areas. E+W

(1) The local planning authority—

(a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b) may, if they think fit, at any time institute a fresh survey of their area examining those matters.

(2) Without prejudice to the generality of subsection (1), the matters to be kept under review and examined under that subsection shall include—

(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b) the size, composition and distribution of the population of that area (whether resident or otherwise);

(c) without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d) any considerations not mentioned in paragraph (a), (b) or (c) which may be expected to affect any matters so mentioned;

(e) such other matters as may be prescribed or as the Secretary of State may in any particular case direct;

(f) any changes already projected in any of the matters mentioned in any of the previous paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3) A survey under subsection (1)(b) may relate to only part of the area of an authority; and references in subsection (2) to the area of an authority or any neighbouring areas shall be construed accordingly.

(4) A local planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the area of another such authority, consult with that other authority about those matters.

Structure plans E+W

31 Structure plans: continuity, form and content. E+W

(1) Each structure plan approved by the Secretary of State under the 1971 Act with respect to the area of a local planning authority which is in operation immediately before the commencement of this Act shall continue in force after its commencement (subject to any alterations then in operation and to the following provisions of this Part).

[F50 (2) A structure plan shall contain a written statement formulating the authority’s general policies in respect of the development and use of land in their area.

(3) The policies shall, subject to subsection (4), include policies in respect of—

(a) the conservation of the natural beauty and amenity of the land;

(b) the improvement of the physical environment; and

(c) the management of traffic.

(4) Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

(5) A structure plan shall also contain —

(a) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and

(b) such other matters as the Secretary of State may, in any particular case, direct.

(6) In formulating their general policies the authority shall have regard to—

(a) any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b) current national policies;

(c) the resources likely to be available; and

(d) such other matters as the Secretary of State may prescribe or, in a particular case, direct.

(7) Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area.

(8) The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b).

(9) Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

(10) For the purposes of this section, except subsection (6)(b), “policies” includes proposals.]

Textual Amendments

F50 S. 31(2)-(10) substituted for s. 31(2)-(5) (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1992 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.16 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C10 S. 31(3) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)

C11 S. 31(3) modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 37 (as amended by S.I. 2009/2438, reg. 5)

[F51 32 Alteration and replacement of structure plans. E+W

(1) A local planning authority may at any time prepare proposals—

(a) for alterations to the structure plan for their area; or

(b) for its replacement.

(2) If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a) such alterations to the structure plan as he directs; or

(b) its replacement.

(3) An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a structure plan if the plan or any part of it has been approved by the Secretary of State under section 35A.

(4) Proposals for the alteration of a structure plan may relate to the whole or part of the area to which the plan relates.

(5) Proposals prepared under this section shall be accompanied by an explanatory memorandum.

(6) The explanatory memorandum shall state—

(a) the reasons which in the opinion of the authority justify each of their proposals;

(b) any information on which the proposals are based;

(c) the relationship of the proposals to general policies for the development and use of land in neighbouring areas which may be expected to affect the area to which the proposals relate,

and may contain such illustrative material as the authority think appropriate.

(7) Proposals for the alteration or replacement of a structure plan shall not become operative unless they are—

(a) adopted by the authority (under section 35); or

(b) approved by the Secretary of State (under section 35A).]

Textual Amendments

F51 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4

33 F52 Public participation. E+W

(1) When preparing proposals for the alteration or replacement of a structure plan for their area and before finally determining their contents the local planning authority shall—

(a) comply with—

(i) any requirements imposed by regulations made under section 53; and

(ii) any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b) consider any representations made in accordance with those regulations.

(2) Where the authority have prepared proposals for the alteration or replacement of a structure plan they shall—

(a) make copies of the proposals and the explanatory memorandum available for inspection at such places as may be prescribed by those regulations;

(b) send a copy of the proposals and the explanatory memorandum to the Secretary of State; and

(c) comply with any requirements imposed by those regulations.

(3) Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4) In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a) in accordance with regulations made under that section; and

(b) within the prescribed period.

(5) The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(6) The proposals shall not be adopted by the authority under section 35 until—

(a) after they have considered any objections made in accordance with the regulations; or

(b) if no such objections are made, after the expiry of the prescribed period.

Textual Amendments

F52 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

34 F53 Withdrawal of proposals for alteration and replacement of structure plans. E+W

(1) Proposals for the alteration or replacement of a structure plan may be withdrawn by the local planning authority at any time before they have adopted them or the Secretary of State has approved them.

(2) On the withdrawal of such proposals, the authority shall—

(a) withdraw the copies made available for inspection in accordance with section 33(2); and

(b) give notice that the proposals have been withdrawn to every person who has made an objection to them.

Textual Amendments

F53 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

35 F54 Adoption of proposals. E+W

(1) Subject to subsection (3) and sections 35A and 35B, the local planning authority may by resolution adopt proposals for the alteration or replacement of a structure plan, either as originally prepared or as modified so as to take account of—

(a) any objections to the proposals; or

(b) any other considerations which appear to them to be material.

(2) If it appears to the Secretary of State that the proposals are unsatisfactory he may, at any time before the local planning authority have adopted the proposals, direct the authority to modify the proposals in such respects as are indicated in the direction.

(3) An authority to whom such a direction is given shall not adopt the proposals unless—

(a) they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction; or

(b) the direction is withdrawn.

(4) Subject to the following provisions of this Chapter and to section 287, proposals for the alteration or replacement of a structure plan shall become operative on the date on which they are adopted.

Textual Amendments

F54 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

35A F55 Calling in of proposals for approval by Secretary of State. E+W

(1) The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.

(2) If he gives such a direction—

(a) the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and

(b) the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.

(3) Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).

(4) The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—

(a) approve them, in whole or in part and with or without modifications or reservations; or

(b) reject them.

(5) In considering proposals so submitted to him the Secretary of State—

(a) shall take into account any objections made in accordance with the regulations; and

(b) may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.

(6) For the purpose of taking into account any objection or matter, the Secretary of State may, but need not, consult with any local planning authority or other person.

(7) The Secretary of State shall give the authority such statement as he considers appropriate of the reasons governing his decision on any proposals submitted to him.

(8) Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.

Textual Amendments

F55 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F56 35B Examination in public. E+W

(1) Before adopting proposals for the alteration or replacement of a structure plan, the local planning authority shall, unless the Secretary of State otherwise directs, cause an examination in public to be held of such matters affecting the consideration of the proposals as—

(a) they consider ought to be so examined; or

(b) the Secretary of State directs.

(2) Where proposals are submitted to the Secretary of State in compliance with a direction under section 35A(1), he may cause an examination in public to be held of any matter specified by him.

(3) An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.

(4) No person shall have a right to be heard at an examination in public.

(5) The following may take part in an examination in public—

(a) in the case of an examination held under subsection (1), the local planning authority; and

(b) in any case, any person invited to do so by the person or persons holding the examination or the person causing the examination to be held.

(6) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination in public.

(7) An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M14 Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.

[F57 (8) Without prejudice to section 303A(8) and (9), regulations may make provision with respect to the remuneration and allowances of any person or persons appointed by the Secretary of State to conduct an examination in public under this section.]

Textual Amendments

F56 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 17 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F57 S. 35B(8) added (8.11.1995) by 1995 c. 49, s. 1(5)

Marginal Citations

M14 1971 c. 62.

35C F58 Duties to notify authorities responsible for local plans E+W

(1) An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are adopted or approved—

(a) notify any authority responsible for a local plan in their area that the proposals have been adopted or approved; and

(b) supply that authority with a statement that the local plan is or, as the case may be, is not in general conformity with the altered or new structure plan.

(2) A statement that a local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.

(3) An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are withdrawn, notify any authority responsible for a local plan in their area that the proposals have been withdrawn.

(4) Nothing in this section requires an authority to notify or supply a statement to themselves.

(5) For the purposes of this section an authority shall be regarded as responsible—

(a) for a structure plan, if they are entitled to prepare proposals for its alteration or replacement; and

(b) for a local plan, if they are under a duty to prepare a local plan or are entitled to prepare proposals for its alteration or replacement.

Textual Amendments

F58 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F59 Local plans E+W

Textual Amendments

F59 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

36 F60 Local plans. E+W

(1) The local planning authority shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a local plan.

(2) A local plan shall contain a written statement formulating the authority’s detailed policies for the development and use of land in their area.

(3) The policies shall include policies in respect of—

(a) the conservation of the natural beauty and amenity of the land;

(b) the improvement of the physical environment; and

(c) the management of traffic.

(4) A local plan shall be in general conformity with the structure plan.

(5) A local plan shall not contain—

(a) any policies in respect of the winning and working of minerals or the depositing of mineral waste, unless it is a plan for a National Park;

(b) any policies in respect of the depositing of refuse or waste materials other than mineral waste, unless it is a plan for a National Park or for an area where such depositing is not a county matter for the purposes of Schedule 1.

(6) A local plan shall also contain—

(a) a map illustrating each of the detailed policies; and

(b) such diagrams, illustrations or other descriptive or explanatory matter in respect of the policies as may be prescribed,

and may contain such descriptive or explanatory matter as the authority think appropriate.

(7) A local plan may designate any part of the authority’s area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method).

(8) If an area is so designated the plan shall contain a description of the treatment proposed by the authority.

(9) In formulating their detailed policies, the authority shall have regard to—

(a) such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct; and

(b) the provisions of any scheme under paragraph 3 of Schedule 32 to the M15 Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

(10) Subject to the following provisions of this Chapter and section 287, a local plan shall become operative on the date on which it is adopted.

(11) For the purposes of this section “policies” includes proposals.

Textual Amendments

F60 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C12 S. 36(3) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)(2)

C13 S. 36(3) modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 37 (as amended by S.I. 2009/2438, reg. 5)

C14 S. 36(5) excluded (1.4.1996) by S.I. 1995/187, art. 6(2)(a)

S. 36(5) excluded (1.4.1996) by S.I. 1995/493, art. 15(2)(a)

S. 36(5) excluded (1.4.1996) by S.I. 1995/610, art. 14(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1769, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1770, art. 9(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1771, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1772, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1773, art. 7(2)(a)(3)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1774, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1775, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1776, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1779, art. 9(2)(a)(3)

S. 36(5) excluded (1.4.1997) by S.I. 1996/507, art. 7(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1865, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1866, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1868, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1875, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1876, art. 7(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1878, art. 7(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1879, art. 5(2)(a)

Marginal Citations

M15 1980 c. 65.

37 F61 Minerals local plans. E+W

(1) A mineral planning authority for an area other than a National Park shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a minerals local plan.

(2) A minerals local plan shall contain a written statement formulating the authority’s detailed policies for their area in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.

(3) The local planning authority for a National Park shall, within such period (if any) as the Secretary of State may direct—

(a) prepare for their area a plan to be known as a minerals local plan; or

(b) include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.

(4) In formulating the policies in a minerals local plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(5) Subsections (4), (6), (10) and (11) of section 36 apply with respect to minerals local plans as they apply with respect to local plans.

(6) The following provisions of this Chapter apply with respect to minerals local plans as they apply with respect to local plans, but as if references to a local planning authority were, in relation to an area other than a National Park, references to a mineral planning authority.

Textual Amendments

F61 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C15 S. 37(1) modified (1.4.1996) by S.I. 1995/187, art. 6(2)(b)

S. 37(1) modified (1.4.1996) by S.I. 1995/493, art. 15(2)(b)

S. 37(1) modified (1.4.1996) by S.I. 1995/610, art. 14(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1769, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1770, art. 9(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1771, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1772, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1773, art. 7(2)(b)(3)

S. 37(1) modified (1.4.1997) by S.I. 1995/1774, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1775, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1776, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1779, art. 9(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1996/507, art. 7(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1865, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1866, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1868, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1875, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1876, art. 7(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1878, art. 7(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1879, art. 5(2)(b)

38 F62 Waste policies. E+W

F63 (1) In this section —

• “waste policies” means detailed policies in respect of development which involves the depositing of refuse or waste materials other than mineral waste; and

• “waste local plan” means a plan containing waste policies.

(2) A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—

(a) prepare a waste local plan for their area; or

(b) include their waste policies in their minerals local plan.

(3) A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—

(a) for a National Park;

(b) for an area where waste policies are not a county matter for the purposes of Schedule 1.

(4) A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—

(a) prepare a waste local plan for their area; or

(b) include their waste policies in—

(i) their minerals local plan; or

(ii) their local plan.

(5) In formulating their waste policies, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(6) Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.

(7) The following provisions of this Chapter apply with respect to waste local plans as they apply with respect to local plans, but as if references to a local planning authority were references to the authority who are entitled to prepare a waste local plan.

Textual Amendments

F62 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F63 S. 38(1) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(3)

Modifications etc. (not altering text)

C16 S. 38(2) modified (1.4.1996) by S.I. 1995/187, art. 6(2)(c)

S. 38(2) modified (1.4.1996) by S.I. 1995/493, art. 15(2)(c)

S. 38(2) modified (1.4.1996) by S.I. 1995/610, art. 14(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1769, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1770, art. 9(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1771, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1772, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1773, art. 7(2)(c)(3)

S. 38(2) modified (1.4.1997) by S.I. 1995/1774, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1775, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1776, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1779, art. 9(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1996/507, art. 7(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1865, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1866, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1868, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1875, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1876, art. 7(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1878, art. 7(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1879, art. 5(2)(c)

39 F64 Alteration and replacement of local plans. E+W

(1) A local planning authority may at any time prepare proposals—

(a) for alterations to the local plan for their area; or

(b) for its replacement.

(2) A local planning authority shall—

(a) consider whether they need to prepare such proposals, if they have been supplied with a statement under section 35C that the local plan is not in general conformity with the structure plan; and

(b) prepare such proposals, if they are directed to do so by the Secretary of State, within such period (if any) as he may direct.

(3) An authority shall not, without the consent of the Secretary of State, prepare such proposals if the plan or any part of it has been approved by the Secretary of State.

(4) Proposals for the alteration of a local plan may relate to the whole or part of the area to which the plan relates.

(5) Subject to the following provisions of this Chapter and section 287, proposals for the alteration or replacement of a local plan shall become operative on the date on which they are adopted.

Textual Amendments

F64 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

40 F65 Public participation. E+W

(1) When preparing a local plan for their area or proposals for its alteration or replacement and before finally determining the contents of the plan or the proposals the local planning authority shall—

(a) comply with—

(i) any requirements imposed by regulations made under section 53; and

(ii) any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b) consider any representations made in accordance with those regulations.

(2) Subject to section 46(1), where the authority have prepared a local plan or proposals for its alteration or replacement they shall—

(a) make copies of the relevant documents available for inspection at such places as may be prescribed by those regulations;

(b) send a copy of the relevant documents to the Secretary of State; and

(c) comply with any requirements imposed by those regulations.

(3) In subsection (2) “the relevant documents” means—

(a) the plan or the proposals; and

(b) any statement supplied under section 46(2).

(4) Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(5) In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a) in accordance with regulations made under that section; and

(b) within the prescribed period.

(6) The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(7) A local plan or proposals for its alteration or replacement shall not be adopted by the authority under section 43 until—

(a) after they have considered any objections made in accordance with the regulations; or

(b) if no such objections are made, after the expiry of the prescribed period.

Textual Amendments

F65 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 Objections: local inquiry or other hearing. E+W

[F66 (1) Where any objections have been made, in accordance with the regulations, to proposals for a local plan or for its alteration or replacement copies of which have been made available for inspection under section 40(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(2) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(2A) No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.]

(3) A local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(4) Regulations may—

(a) make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;

(b) include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(c) make provision with respect to the remuneration and allowances of the person appointed.

(5) Subsections (2) and (3) of section 250 of the M16 Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.

(6) The M17 Tribunals and Inquiries Act [F67 1992]shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in [F68 section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

Textual Amendments

F66 S. 42(1)-(2A) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for s. 42(1)(2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para. 18; S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F67 Word in s. 42(6) substituted (1.10.1992) by Tribunal and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 24(a)

F68 Words in s. 42(6) substituted (1.10.1992) by Tribunal and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 24(b)

Marginal Citations

M16 1972 c. 70.

M17 1992 c. 53.

43 Adoption of proposals. E+W

[F69 (1) Subject to the following provisions of this section and section 44, the local planning authority may by resolution adopt proposals for a local plan or for its alteration or replacement, either as originally prepared or as modified so as to take account of—

(a) any objections to the plan; or

(b) any other considerations which appear to them to be material.]

(3) The authority shall not adopt any proposals which do not conform generally to the structure plan.

(4) After copies of the proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may, if it appears to him that the proposals are unsatisfactory, direct the authority to [F70 modify]the proposals in such respects as are indicated in the direction.

(5) An authority to whom a direction is given shall not adopt the proposals unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

(6) F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 S. 43(1)(2) substituted for s. 43(1) (25.11.1991 for certain purposes and otherwise 10.2.1992) by 1992 c. 34, s. 27, Sch. 4 Pt. I para. 19(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F70 Word in s. 43(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. I para. 19(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F71 S. 43(6) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

44 Calling in of proposals for approval by Secretary of State. E+W

(1) After copies of proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may direct that the proposals [F72 or any part of them] shall be submitted to him for his approval.

[F73 (2) If he gives such a direction—

(a) the authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and

(b) the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 43.]

(3) F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Words in s. 44(1) inserted (25.11.1991 for certain purposes and otherwise 10.2.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 20(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F73 S. 44(2) substituted (25.11.1991 for certain purposes and otherwise 10.2.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 20(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F74 S. 44(3) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

45 Approval of proposals by Secretary of State. E+W

(1) The Secretary of State may after considering proposals submitted to him under section 44 either approve them (in whole or in part and with or without modifications or reservations) or reject them.

(2) In considering the proposals he may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted.

(3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them, he shall before determining whether or not to approve them—

(a) consider any objections to them made in accordance with [F75 the] regulations,

(b) give any person who made such an objection which has not been withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose, and

(c) if a local inquiry or other hearing is held, also give such an opportunity to the authority and such other persons as he thinks fit,

except so far as the objections have already been considered, or a local inquiry or other hearing into the objections has already been held, by the authority.

(4) In considering the proposals the Secretary of State may consult with or consider the views of any local planning authority or any other person; but he need not do so, or give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, except as provided by subsection (3).

[F76 (5) Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.]

Textual Amendments

F75 Word in s. 45(3)(a) inserted (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. I 21(1) (with s. 84(5)); S.I. 1991/2728, art. 2, S.I. 1991/2905, art. 4

F76 S. 45(5) inserted (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. I para. 21(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

Conformity between plans E+W

[F77 46 Conformity between plans. E+W

(1) An authority responsible for a local plan shall not make copies available as mentioned in section 40(2) unless—

(a) they have served on the authority responsible for the structure plan in their area a copy of the plan or the proposals; and

(b) such period as may be prescribed has elapsed since they served the copy of the plan or proposals.

(2) Where a local planning authority have been served with a copy as mentioned in subsection (1) they shall, before the end of any period prescribed for the purposes of that subsection, supply the authority responsible for the local plan with—

(a) a statement that the plan or the proposals are in general conformity with the structure plan; or

(b) a statement that the plan or the proposals are not in such conformity.

(3) A statement that a plan or proposals are not in such conformity shall specify the respects in which the plan or proposals are not in such conformity.

(4) Any such statement shall be treated for the purposes of this Chapter as an objection made in accordance with the regulations.

(5) Nothing in this section requires an authority to serve a copy on or supply a statement to themselves.

(6) Where—

(a) a local planning authority propose to make, alter or replace a local plan;

(b) copies of proposals for the alteration or replacement of the structure plan for their area have been made available for inspection under section 33(2); and

(c) the authority mentioned in paragraph (a) include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,

the permitted assumption shall, subject to subsection (9), be made for all purposes (including in particular any question as to conformity between plans).

(7) In this section “the permitted assumption” means the assumption that—

(a) the proposals mentioned in subsection (6)(b); or

(b) if any proposed modifications to those proposals are published in accordance with regulations made under section 53, the proposals as so modified,

have been adopted.

(8) For the purposes of subsection (6)(c) a copy is a relevant copy of a plan or proposals if it is—

(a) served under subsection (1)(a); or

(b) made available or sent under section 40(2).

(9) The permitted assumption shall not be made at any time after the authority mentioned in subsection (6)(a) know that the proposals mentioned in subsection (6)(b) have been withdrawn.

(10) The provisions of a local plan prevail for all purposes over any conflicting provisions in the relevant structure plan unless the local plan is one—

(a) stated under section 35C not to be in general conformity with the structure plan; and

(b) neither altered nor replaced after the statement was supplied.

(11) The Secretary of State may make regulations with respect to cases where—

(a) provisions in a structure plan or a local plan conflict with provisions in—

(i) a minerals local plan; or

(ii) a waste local plan;

(b) a structure plan and a local plan are made by the same authority and the provisions of the two plans conflict.

(12) Subsection (5) of section 35C applies for the purposes of this section as it applies for the purposes of that.]

Textual Amendments

F77 S. 46 substituted for ss. 46-48 (25.11.1991 for certain purposes and otherwise 10.2.1992) by 1991 c. 34, s. 27, Sch. 4 Pt. I para.22 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary E+W

49 Disregarding of representations with respect to development authorised by or under other enactments. E+W

Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority need consider representations or objections with respect to a local plan or any proposal to alter, F78 . . .or replace a structure plan or a local plan if it appears to the Secretary of State or, as the case may be, the authority that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the M18 Highways Act 1980;

(b) an order or scheme under any provision replaced by the provisions of the Highways Act 1980 mentioned in paragraph (a) (namely, an order or scheme under section 7, 9, 11, 13 or 20 of the M19 Highways Act 1959, section 3 of the M20 Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the M21 Highways Act 1971);

(c) an order under section 1 of the M22 New Towns Act 1981.

Textual Amendments

F78 Word in s. 49 omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991, s. 27, Sch. 4 Pt. I para. 23; S.I. 1991/2728, art. 2 and repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, 84(6), Sch. 4 Pt. I para. 23, Sch. 19, Pt.I (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

Marginal Citations

M18 1980 c. 66.

M19 1959 c. 25.

M20 1961 c. 63.

M21 1971 c. 41.

M22 1981 c. 64.

50 Joint structure and local plans. E+W

(1) Where a structure plan has been prepared by two or more local planning authorities jointly, the power of making proposals under section 32 for the alteration or F79 . . . replacement of the plan 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 submit such proposals as respects their respective areas.

F80 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Each of the authorities by whom proposals for the alteration or F81 . . . replacement of a joint structure plan have been prepared shall have the duty imposed by section [F82 33(2)]of making copies of the proposals and explanatory memorandum available for inspection.

(5) Where two or more local planning authorities jointly prepare proposals for the alteration or F83 . . . replacement of a structure plan under this section, all or any of them may withdraw them under section 34(1) and on their doing so all the authorities shall comply with subsection [F84 (2)] of that section.

(6) Where two or more local planning authorities jointly prepare proposals for the making, alteration, F85 . . . or replacement of a local plan—

(a) F86 . . . they each have the duty imposed by section [F87 40(2)]. . .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 [F87 40(4)]. . . to accompany the relevant documents shall state that objections may be so made;

(b) it shall be for each of the local planning authorities to adopt the proposals under section 43(1) F88 . . ., but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.

[F89 (7) Where a structure plan has been jointly prepared by two or more local planning authorities, the duty—

(a) to notify and supply a statement under section 35C; and

(b) to supply a statement under section 46,

shall apply to each of those authorities.

(7A) Where a local plan, or proposals for its alteration or replacement have been jointly prepared by two or more local planning authorities—

(a) the requirement to serve a copy under subsection (1) of section 46; and

(b) the right to be supplied with a statement under subsection (2) of that section,

shall apply to each of those authorities.]

(8) Where a local plan has been made jointly, the power of making proposals for its alteration, F90 . . .or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, F90 . . ., and the Secretary of State may under section [F91 39] direct any of them to make proposals as respects their respective areas.

[F92 (9) The date of the coming into operation—

(a) of proposals for the alteration or replacement of a structure plan prepared jointly by two or more local planning authorities; and

(b) of a local plan or proposals for its alteration or replacement so prepared,

shall be a date jointly agreed by those authorities.]

Textual Amendments

F79 Words in s. 50(1) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 24(1)(with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 24(1), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F80 S. 50(2)(3) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27 , Sch. 4 Pt. I, para. 24(1) (with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 24(1), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F81 Words in s. 50(4) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(2)(with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 24(2), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F82 Words in s. 50(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. I, para. 24(2)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F83 Words in s. 50(5) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 24(3) (with s. 84(5)); S.I. 1991/2728, art. 2;and 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, Sch. 4 Pt. I para. 17, Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F84 Word in s. 50(5) 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. I, para. 24(3) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F85 Word in s. 50(6) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(4)(a) (with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 24(4)(a), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F86 Words in s. 50(6)(a) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(4)(b)(i) (with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 24(4)(b)(i), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F87 Words in s. 50(6)(a) 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. I, para. 24(4)(b)(ii)(iii) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2905, art.4

F88 Words in s. 50(6)(b) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 24(4)(c)(with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 24(4)(c), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F89 S. 50(7)(7A) 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. I para. 24(5) (with 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F90 Words in s. 50(8) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(6)(with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 17, Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F91 Words in s. 50(8) 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. I, para. 24(6) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F92 S. 50(9) 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. I, para. 24(7) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C17 S. 50 applied (1.4.1996) by S.I. 1995/187, art. 6(1)

S. 50 applied (1.4.1996) by S.I. 1995/493, art. 15(1)

S. 50 applied (1.4.1996) by S.I. 1995/610, art. 14(1)

S. 50 applied (1.4.1997) by S.I. 1995/1769, art. 7(1)

S. 50 applied (1.4.1997) by S.I. 1998/1770, art. 9(1)

S. 50 applied (1.4.1997) by S.I. 1995/1771, art. 7(1)

S. 50 applied (1.4.1997) by S.I. 1995/1772, art. 7(1)

S. 50 applied (1.4.1997) by S.I. 1995/1773, art. 7(1)(3)

S. 50 applied (1.4.1997) by S.I. 1995/1774, art. 7(1)

S. 50 applied (1.4.1997) by S.I. 1995/1775, art. 7(1)

S. 50 applied (1.4.1997) by S.I. 1995/1776, art. 7(1)

S. 50 applied (1.4.1997) by S.I. 1995/1779, art. 9(1)

S. 50 applied (1.4.1997) by S.I. 1996/507, art. 7(1)

S. 50 applied (1.4.1998) by S.I. 1996/1865, art. 5(1)

S. 50 applied (1.4.1998) by S.I. 1996/1866, art. 5(1)

S. 50 applied (1.4.1998) by S.I. 1998/1868, art. 5(1)

S. 50 applied (1.4.1998) by S.I. 1998/1875, art. 5(1)

S. 50 applied (1.4.1998) by S.I. 1998/1876, art. 7(1)

S. 50 applied (1.4.1998) by S.I. 1998/1878, art. 7(1)

S. 50 applied (1.4.1998) by S.I. 1998/1879, art. 5(1)

51 Default powers. E+W

(1) Where, by virtue of any of the previous provisions of this Chapter, any survey is required to be carried out, or any local plan or proposals for the alteration, F93 . . .or replacement of such a plan or of a structure plan are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any local plan or any such proposals, then—

(a) if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the relevant local planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt a local plan or such proposals within a reasonable period; or

(b) in a case where a period is specified for the submission or adoption of a local plan or any such proposals, if no such plan or proposals have been submitted or adopted within that period,

the Secretary of State may carry out the survey or prepare and make a local plan or, as the case may be, alter, F93 . . . or replace such a plan or a structure plan, as he thinks fit.

(2) Where under subsection (1) the Secretary of State may do anything which should have been done by a local planning authority (“the defaulting authority”) he may, if he thinks fit, authorise any other local planning authority who appear to him to have an interest in the proper planning of the area of the defaulting authority to do it.

(3) The previous provisions of this Chapter shall, so far as applicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State or an authority other than the defaulting authority and the thing so done.

(4) The defaulting authority—

(a) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions; and

(b) shall repay to any other authority who do under this section anything which should have been done by the defaulting authority any expenses certified by the Secretary of State to have been reasonably incurred by that other authority in connection with the doing of that thing.

Textual Amendments

F93 Word in s. 51(1) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I para. 25 (with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 25, Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4

[F94 51A Urban development corporations. E+W

(1) The Secretary of State may direct—

(a) that a structure plan shall not operate; or

(b) that a local plan shall not be prepared or operate,

in relation to the area of an urban development corporation.

(2) The Secretary of State may direct that proposals for the alteration or replacement of a structure plan or a local plan shall not be prepared in relation to the area of an urban development corporation.]

Textual Amendments

F94 S. 51A inserted (10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para.26 (with s. 84(5)); S.I. 1991/2905, art.4

52 Reviews of plans in enterprise zones. E+W

(1) As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the M23 Local Government, Planning and Land Act 1980 (adoption of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme) [F95 any local planning authority for an area in which the enterprise zone is wholly or partly situated shall consider whether they need, in the light of the provisions in the scheme or modified scheme, to prepare proposals for the alteration or replacement of any structure or local plan in relation to which they have power to prepare such proposals.]

F96 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 Words in s. 52(1) substituted for paras. (a)(b)(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(2)-(4), Sch. 4 Pt. I, para. 27(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F96 S. 52(2)(3) omitted (25.11.1991 for certain purposes) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4)(6), Sch. 4 Pt. I para. 27(2) (with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 27(2), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

Marginal Citations

M23 1980 c. 65.

53 Supplementary provisions as to structure and local plans. E+W

(1) Without prejudice to the previous provisions of this Chapter, the Secretary of State may make regulations with respect to the form and content of structure and local plans and the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration, F97 . . .and replacement.

(2) In particular any such regulations may—

(a) provide for publicity to be given to the report of any survey carried out by a local planning authority under section 30;

(b) provide for the notice to be given of or the publicity to be given to—

(i) matters included or proposed to be included in any such plan,

(ii) the approval, adoption or making of any such plan or any alteration, F97 . . . or replacement of it, or

(iii) any other prescribed procedural step,

and for publicity to be given to the procedure to be followed as mentioned in subsection (1);

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, repeal or replacement;

[F98 (cc) make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;]

(d) without prejudice to paragraph (b), provide for notice to be given to particular persons of the approval, adoption or alteration of any plan, if they have objected to the plan and have notified the relevant local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e) require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f) require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request with copies of any plan or document which has been made public [F99 in compliance with the regulations or available for inspection under section 33(2) or 40(2)], subject (if the regulations so provide) to the payment of a reasonable charge;

[F100 (ff) make provision for steps taken in compliance with the regulations in respect of a plan or proposal which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent plan or proposal;]

(g) provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, F101 . . . or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(3) Regulations under this section may extend throughout England and Wales or to specified areas only and may make different provision for different cases.

(4) Subject to the previous provisions of this Chapter and to any regulations under this section, the Secretary of State may give directions to any local planning authority, or to local planning authorities generally—

(a) for formulating the procedure for the carrying out of their functions under this Chapter;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Chapter.

F102 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Word in s. 53(1)(2)(b) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 28(1)(2)(a) (with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 28(1)(2)(a), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F98 S. 53(2)(cc) inserted (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. I, para. 28(2)(b) (with s. 84(5)); S.I. 2728, art. 2; S.I. 1991/2905, art.4

F99 Words in s. 53(2)(f) 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. I, para. 28(2)(c) (with s. 84(5)); S.I. 1991/2728. art. 2; S.I. 1992/2905, art.4

F100 S. 53(2)(ff) inserted (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. I, para. 28(2)(d) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F101 Word in s. 53(2)(g) 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. 28(3)(with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 28(3), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F102 S. 53(5) 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)(6), Sch. 4 Pt. I, para. 28(3) (with s. 84(5)); S.I. 1991/2728, art. 2 and 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, Sch. 4 Pt. I para. 28(3), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

54 Meaning of “development plan” outside Greater London and the metropolitan counties. E+W

(1) Subject to subsection (4), for the purposes of this Act and any other enactment relating to town and country planning, the M24 Land Compensation Act 1961 and the M25 Highways Act l980, the development plan for any district outside Greater London and the metropolitan counties (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

[F103 (a) the provisions of the structure plan for the time being in operation in the area;

(b) any alterations to that structure plan;

(c) the provisions of the local plan and any minerals local plan or waste local plan for the time being in operation in the area;

(d) any alterations to that local plan or minerals local plan or waste local plan,

together with the resolutions of the authority who made or altered the plan or, as the case may be the Secretary of State’s notice of approval.]

(2) References in subsection (1) to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to a district forming part of the area to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the district.

(3) References in subsection (1) to notices of approval shall, in relation to any plan or alteration made by the Secretary of State under section 51, be construed as references to notices of the making of the plan or alteration.

(4) This section has effect subject to Part III of Schedule 2 (old development plans) [F104 and Part III of Schedule 4 to the M26 Planning and Compensation Act 1991].

(5) Any reference in the Land Compensation Act 1961 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

Textual Amendments

F103 S. 54(1)(a)-(d) 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. I, para. 29(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F104 Words in s. 54(4) inserted (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. I, para. 29(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4

Modifications etc. (not altering text)

C18 S. 54: functions of local authority not to be sole responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Marginal Citations

M24 1961 c. 33.

M25 1980 c. 66.

M26 1991 c. 34.

[F105 Chapter III E+W General]

Textual Amendments

F105 Chapter III headings and s. 54A inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.26 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to savings in art. 4)

[F106 54A Status of development plans. E+W

Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise]

Textual Amendments

F106 Chapter III headings and s. 54A inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 26 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to savings in art. 4)