London Government Act 1963

27 Supplementary provisions as to development plans

(1) If any local development plan submitted to the Greater London Council under section 25(4) of this Act, or any proposal so submitted under section 26(3) of this Act. contains any provision which in the opinion of the Greater London Council involves a departure from the Greater London development plan, that Council may, if they think fit, require the council submitting the plan or proposal to reconsider that provision within such period as may be specified in the requirement, and thereupon—

(a) unless within the period so specified the submitting council agree that the provision involves such a departure, the question shall be referred to the Minister for decision;

(b) if the submitting council agree as aforesaid, or if on such a reference to the Minister the Minister decides that the provision involves such a departure, the Greater London Council may if they think fit cause that provision to be struck out from the local development plan or proposal for the purpose of its consideration by the Minister;

(c) if on such a reference to the Minister the Minister decides that the provision does not involve such a departure, the provision shall be included in the local development plan or proposal for the purpose of its consideration by the Minister, but the Minister, if so required by the Greater London Council, shall afford that Council an opportunity to make further observations thereon.

(2) Any survey under section 25(3) or 26(1) of this Act shall, unless for special reasons the Greater London Council decide to carry it out themselves, be carried out on behalf of that Council by the London borough councils and the Common Council as respects their respective areas; and subject to subsection (6) of this section any such survey and any survey under section 25(4) or 26(3) of this Act shall be carried out on such lines as the Greater London Council may direct.

(3) The Greater London Council, before preparing the Greater London development plan or any proposals under section 26(1) or (2) of this Act, shall consult with the London borough councils and the Common Council or, in the case of any such proposals, with such of those councils as are affected by the proposals, and before submitting the plan or proposals to the Minister shall give to each of those councils an opportunity to make representations with respect to the plan or proposals and shall consider any representations so made.

(4) A London borough council or the Common Council—

(a) when preparing their local development plan under section 25(4) or any proposal under section 26(3) of this Act shall give to the Greater London Council any information which that Council may require with respect to the matters to be included in that plan or proposal; and

(b) before submitting that plan or proposal to the Greater London Council shall give that Council an opportunity to make representations in the light of that information and shall consider any representations so made.

(5) The following provisions of Part II of the Planning Act, that is to say—

(a) section 4(2), (3) and (4) (which relate to the contents of development plans);

(b) section 5 (which relates to the approval of development plans by the Minister);

(c) section 6(3) and (4) (which relate to proposals for amendments to development plans);

(d) section 7 (which confers additional powers on the Minister with respect to development plans);

(e) section 10(2), (3) and (5) (which contain supplementary provisions as to development plans);

(f) section 11 (which relates to the publication and date of operation of development plans),

shall apply for the purposes of sections 25 and 26 of this Act with the modifications specified in subsection (7) of this section as if any report or plan submitted or forwarded under section 25(3) or (4) of (this Act were a report or plan submitted under section 4(1) of that Act and any report or proposal submitted or forwarded under section 26 of this Act were a report or proposal submitted under section 6 of that Act.

(6) Section 10(4) of the Planning Act shall not apply to Greater London but, subject to any express provision contained in or having effect by virtue of this or either of the two last foregoing sections, the Minister may give directions—

(a) to the Greater London Council with respect to the form and content of any directions by the Greater London Council under subsection (2) of this section ;

(b) to that Council, to any London borough council and to the Common Council—

(i) with respect to the procedure for the carrying out of the functions exercisable under or by virtue of those sections by any of those councils ; and

(ii) with respect to the furnishing to the Minister by those councils of information required for the purpose of the functions exercisable under or by virtue of those sections by the Minister.

(7) In the application by virtue of subsection (5) of this section of the provisions of the Planning Act hereinafter mentioned—

(a) any reference in section 4(3) or (4) to the opinion of the local planning authority shall be construed as a reference to the opinion of either the Greater London Council or the council of the London borough in which the land in question is situated (or, if it is situated in the City, the Common Council);

(b) the reference in section 7(1)(b) to the local planning authority shall be construed as a reference to any of the following councils, that is to say, the Greater London Council, the London borough councils and the Common Council, by whom there fall to be taken the steps necessary to enable the plan, report or proposal in question to be submitted within the period in question;

(c) the reference in section 7(4) to the preceding provisions of Part II of the Planning Act shall be construed as including a reference to the provisions of sections 25 and 26 of this Act and subsections (1) to (4) of this section;

(d) any reference in section 10(2), (3) or (5) to objections or representations shall be construed as a reference only to objections or representations arising from—

(i) any addition, modification or alteration to the initial development plan referred to in section 25(2) of this Act which is proposed to be effected by the Greater London development plan or which is proposed under section 26(2)(a) of this Act;

(ii) any addition or alteration to the initial development plan aforesaid as modified by the Greater London development plan which is proposed to be effected by any local development plan forwarded to the Minister under section 25(4) of this Act or which is proposed under section 26(3)(a) thereof;

(iii) any alteration or addition to the Greater London development plan proposed under section 26 (1) or (2)(b) of this Act;

(iv) any alteration or addition to such a local development plan as aforesaid proposed under section 26(3)(b) of this Act;

(e) the reference in section 11(1) to the local planning authority shall be construed—

(i) in relation to any amendment of the initial development plan aforesaid made before the Greater London development plan becomes operative or made by the Greater London development plan, as a reference to the Greater London Council;

(ii) in relation to any amendment of the provisions with respect to any London borough or the City of the initial development plan aforesaid as modified by the Greater London development plan, as a reference to the council of that borough or, as the case may be, the Common Council;

(iii) in relation to the Greater London development plan, as a reference to the Greater London Council;

(iv) in relation to a local development plan under section 25(4) of this Act, as a reference to the council of the London borough in question or, as the case may be, the Common Council.