Town and Country Planning Act 1990

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Town and Country Planning Act 1990

Changes over time for: Section 36

Version Superseded: 28/09/2004

Alternative versions:

01/02/1991- Amendment
25/11/1991- Amendment
13/05/2004
Point in time
Stop date 28/09/2004- Amendment

Status:

Point in time view as at 13/05/2004. This version of this provision has been superseded.

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Changes to legislation:

Town and Country Planning Act 1990, Section 36 is up to date with all changes known to be in force on or before 28 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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36F1Local 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 M1Local 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

F1Ss. 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)

C1S. 36(3) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)(2)

C2S. 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)

C3S. 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)