Town and Country Planning Act 1990

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);

(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;

[F1 (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 [F2 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;

[F3 (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provision for steps taken in compliance with the regulations in respect of a unitary development plan which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent unitary development plan;]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.

[F4 (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

F1 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

F2 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

F3 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

F4 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