Town and Country Planning Act 1990

43 Adoption of proposals.E+W

[F1(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 [F2modify]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Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.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)Where an objection to the proposals has been made by the Minister of Agriculture, Fisheries and Food and the local planning authority do not propose to modify their proposals to take account of the objection—

(a)the authority shall send particulars of the objection to the Secretary of State, together with a statement of their reasons for not modifying their proposals to take account of it, and

(b)they shall not adopt the proposals unless the Secretary of State authorises them to do so.

Textual Amendments

F1S. 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

F2Word 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