Town and Country Planning Act 1990

Part III E+W Old Development Plans

Modifications etc. (not altering text)

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

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

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

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

Preliminary E+W

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

Continuation in force of old development plans E+W

2 Any old development plan which immediately before the commencement of this Act was in force as respects any district shall, subject to the provisions of this Part of this Schedule, continue in force as respects that district and be treated for the purposes of this Act, any other enactment relating to town and country planning, the M1 Land Compensation Act 1961 and the M2 Highways Act 1980 as being comprised in the development plan for that district.

Marginal Citations

M1 1961 c. 33.

M2 1980 c. 66.

Other plans to prevail over old development plans E+W

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

(a) if there is a conflict between any of its provisions and those of the structure plan for that district, or, in the case of Greater London, the Greater London Development Plan the provisions of the structure plan or, as the case may be, that Plan shall be taken to prevail for the purposes of Parts III, V, VI, VII, VIII and IX of this Act and of the M3 Planning (Listed Buildings and Conservation Areas) Act 1990 and the M4 Planning (Hazardous Substances) Act 1990; and

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

Marginal Citations

M3 1990 c. 9.

M4 1990 c. 10.

Street authorisation maps E+W

4 Where immediately before the commencement of this Act a street authorisation map prepared in pursuance of the M5 Town and Country Planning (Development Plans) Regulations 1965 or the M6 Town and Country Planning (Development Plans for Greater London) Regulations 1966 was treated for the purposes of the 1971 Act as having been adopted as a local plan for a district by a local planning authority, it shall continue to be so treated.

Marginal Citations

M5 S.I. 1965/1453.

M6 S.I. 1966/48.

Development plans for compensation purposes E+W

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

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

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

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

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

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

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

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

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