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Town and Country Planning Act 1968

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PART IGeneral Provisions for Adaptation and Interpretation

1For the purposes of the principal Act, this Act, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and Part II of the [1967 c. 1.] Land Commission Act 1967, the development plan for any district outside Greater London (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a)the provisions of the structure plan for the time being in force for that area or the relevant part of that area, together with the Minister's notice of approval of the plan ;

(b)any alterations to that plan, together with the Minister's notices of approval thereof ;

(c)any provisions of a local plan for the time being applicable to the district, together with a copy of the authority's resolution of adoption or, as the case may be, the Minister's notice of approval of the local plan ; and

(d)any alterations to that local plan, together with a copy of the authority's resolutions of adoption or, as the case may be, the Minister's notices of approval thereof.

2For the said purposes the development plan for any district in Greater London (whether the whole or part of the area of a London borough) shall be taken as consisting of—

(a)the provisions of the Greater London development plan and of the structure plan prepared by the council of that borough and for the time being in force in that area or the relevant part of that area together with the Minister's notices of approval of the plans ;

(b)any alterations to those plans, together with the Minister's notices of approval thereof ;

(c)any provisions of a local plan for the time being applicable to the district, together with a copy of the resolution of adoption of the relevant council or, as the case may be, the Minister's notice of approval of the local plan ; and

(d)any alterations to that local plan, together with a copy of the resolutions of adoption of the relevant council or, as the case may be, the Minister's notices of approval thereof.

3References in paragraphs 1 and 2 above to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to a district forming part of the area to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the district.

4References in paragraphs 1 to 3 above to notices of approval shall in relation to any plan or alteration made by the Minister under section 12 of this Act be construed as references to notices of the making of the plan or alteration.

5Any reference in the principal Act to the carrying out of a survey or the preparation, approval, making or amendment of a development plan under Part II of that Act or to a plan or amendment approved or made under the said Part II shall be construed as a reference to the carrying out of a survey or the preparation, approval, adoption, making or amendment of a structure plan or local plan under Part I of this Act or, as the case may be, to a plan or amendment approved, adopted or made thereunder.

6References in any Act to the acquisition of land under Part V of the principal Act or to land acquired thereunder (including references which, by Schedule 14 to that Act, are to be construed as such) shall be respectively construed as, or as including (according as the context requires), references to the acquisition of land under any provision of this Act and to land acquired under any such provision, and—

(a)any such references in sections 82, 83 and 164 to 169 of that Act (ancillary provisions as to the acquisition of land) shall be respectively construed as also including references to the compulsory acquisition of land under any enactment other than the principal Act and this Act and to land compulsorily acquired under any such enactment, and

(b)in section 130(2) (effect of purchase notice accepted by local planning authority or statutory undertakers) and section 133(1) (confirmation of purchase notice by Minister) of that Act, references to compulsory acquisition shall, in the case of statutory undertakers, be construed as references to any statutory provision (however expressed) under which the undertakers have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking.

7Any reference in the [1961 c. 33.] Land Compensation Act 1961 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

8The foregoing provisions of this Schedule shall have effect subject to any specific provision contained in Part II of this Schedule and to the provisions of Schedule 10 to this Act.

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