Town and Country Planning (Amendment) Act 1972

Amendments of enactments relating to development plans in England and Wales

1 Provision for joint surveys, reports and structure plans

(1) The following provision shall be inserted in the [1971 c. 78.] Town and Country Planning Act 1971 (hereafter referred to as " the Act of 1971 " ) after section 10:—

“10A Joint surveys, reports and plans.

(1) Any two or more local planning authorities may apply to the Secretary of State for his consent to their areas or any part thereof being treated for the purposes of this Part of this Act as a combined area; and if the Secretary of State gives his consent, the authorities concerned—

(a) may institute a joint survey of the combined area under section 6 of this Act,

(b) may jointly prepare and send to the Secretary of State under section 7 of this Act a report of that survey, or a report of separate surveys instituted by them under the said section 6 so far as concerning matters which would (by virtue of subsection (2) of this section) fall to be examined on a survey of the combined area,

(c) may jointly prepare and submit to the Secretary of State under the said section 7 a structure plan for the combined area.

(2) In relation to a survey of a combined area, references in subsection (3) of section 6 of this Act to the area of a local planning authority shall be read as references to the combined area, with references to neighbouring areas construed accordingly, and where such a survey has been carried out, each of the authorities concerned shall be treated as having satisfied their duty under subsection (1) of that section (so far as not previously satisfied) in relation to so much of their area as is in the combined area ; and in relation to a survey under the said subsection (1) of the area of a local planning authority or any part thereof except so far as included in any combined area for which a joint survey is carried out, references in the said subsection (3) to the area or part shall be read as references to the area to which that survey relates, with references to neighbouring areas construed accordingly.

(3) In relation to a structure plan for a combined area—

(a) in subsections (3) to (6) of section 7 of this Act, references to a local planning authority and the area of a local planning authority shall be read as references respectively to the local planning authorities concerned and the combined area, with the reference in subsection (3)(b) to neighbouring areas construed accordingly, but this paragraph shall not be taken as empowering the authorities concerned to indicate as an action area any part of the combined area other than a part comprised wholly within one or other of their areas,

(b) subsection (1) of section 8 of this Act shall be taken as requiring—

(i) the taking by all or any of the authorities concerned of steps to secure the purposes of paragraphs (a) to (c) of that subsection, with paragraph (a) read as referring to the combined area and paragraph (b) as referring to the making of representations to any of the authorities, and

(ii) the consideration of representations made to any of the authorities either by that authority or by that authority jointly with all or any of the others,

(c) subsection (2) of the said section 8 shall apply to each of the authorities concerned, and

(d) elsewhere in the said section 8 references to a local planning authority shall be read as references to the local planning authorities concerned.

(4) Where a structure plan for a combined area has been approved by the Secretary of State, each of the authorities concerned shall be treated as having satisfied their duty under section 7(1) of this Act in relation to so much of their area as is in the combined area.

(5) The reference in subsection (1) of section 10 of this Act to a structure plan for the area of a local planning authority shall include a reference to a structure plan for a combined area; and in its application by virtue of this subsection to a structure plan for a combined area, the said section 10 shall have effect—

(a) as if references therein to a local planning authority were references to any of the local planning authorities concerned or all of those authorities acting jointly, but so that no direction may be given under that section for the submission of joint proposals, and no single authority may submit or be directed to submit proposals relating to any part of the combined area outside their area, and

(b) as if the reference in subsection (2) thereof to section 8 of this Act included a reference to that section as it applies in relation to such a plan.”

(2) In consequence of the amendment made by subsection (1) above, section 11 of the Act of 1971 (preparation of local plans for parts of planning areas for which structure plans have been approved or prepared, or are in course of being prepared) shall be amended by adding the following subsection at the end:—

“(12) A local planning authority whose area or any part thereof is included in a combined area by virtue of section 10A of this Act shall not be required under subsection (7) of this section to prepare a local plan for any part of the combined area which is outside their area.”

2 Provision for withdrawal of structure plans, and as to effect of steps taken in connection with plans withdrawn or not submitted

The following provision shall be inserted in the Act of 1971 after that inserted by section 1(1) above—

“10B Withdrawal of plans, and effect of steps taken in connection with plans withdrawn or not submitted.

(1) A structure plan submitted to the Secretary of State for his approval may be withdrawn by the local planning authority, or the local planning authorities or any of them, submitting it by a notice in that behalf given to the Secretary of State at any time before he has approved it, and shall in that event be treated as never having been submitted.

(2) On the withdrawal of a structure plan, the authority or authorities preparing it shall also withdraw the copies of the plan which they have made available for inspection in accordance with section 8(2) of this Act, and shall give notice that the plan has been withdrawn to every person who has made an objection thereto.

(3) In determining the steps to be taken by them to secure the purposes of paragraphs (a) to (c) of section 8(1) of this Act, the local planning authority or authorities preparing a structure plan for any area may take into account any steps taken to secure those purposes in connection with any other structure plan, being one which either was not submitted to the Secretary of State for his approval or was so submitted and then withdrawn; and the authority or authorities submitting for approval by the Secretary of State a plan in the case of which they have taken any steps into account by virtue of this subsection shall give particulars of those steps in their statement to him under subsection (3) of the said section 8, and the Secretary of State may treat the steps as having been taken by them in connection with that plan in determining under subsection (4) of that section whether he is satisfied that the said purposes have been adequately achieved in relation thereto.”

3 Amendment of provisions relating to approval of structure plans and local plans etc. by Secretary of State

(1) The following subsections shall be substituted for subsections (3) and (4) of section 9 of the Act of 1971 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular, require him to consider any objections to the plan and to afford a hearing to the persons making them)—

“(3) Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

(b) cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting his consideration of the plan as he considers ought to be so examined.

(4) The Secretary of State may after consultation with the Lord Chancellor make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5) The Secretary of State shall not be required to secure to any local planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

Provided that the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part therein if it appears to him or them desirable to do so.

(6) An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the [1971 c. 62.] Tribunals and Inquiries Act 1971, but shall not constitute such an inquiry for any other purpose of that Act.

(7) On considering a structure plan the Secretary of State may consult with, or consider the views of, any local planning authority or other person, but shall not be under any obligation to do so.

(8) On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.”

(2) For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 14 of the Act of 1971 (which, amongst other things, applies section 9 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—

“(4) Where the Secretary of State gives a direction under subsection (3) of this section, the local planning authority shall submit the plan accordingly to him for his approval, and

(a) the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b) in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

(c) subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii) afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose ; and

(iii) if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d) before deciding whether or not to approve the plan the Secretary of State shall not be obliged to consider any objections thereto if objections thereto have been considered by the authority, or to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority ;

(e) without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any local planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons or, except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held ; and

(f) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 13 of this Act in connection with the plan.”

(3) In consequence of subsection (2) above, in section 15(3) of the Act of 1971 the words from " but as if " to the end are hereby repealed.

4 Amendments as respects planning for London

(1) For section 19 of the Act of 1971 there shall be substituted the following section:—

“19 Application of Part II to Greater London.

Schedule 4 to this Act shall have effect with respect to surveys, joint surveys, action areas, local plans and joint local plans in and around Greater London and generally with respect to the operation for London of Part II of this Act.

and for Schedule 4 to the Act there shall be substituted the new Schedule 4 set out in Schedule 1 to this Act.”;

(2) In section 20(2) of the Act of 1971 (provisions as to what is to constitute the development plan for a London borough), the following shall be substituted for paragraphs (a) and (b)—

“(a) the provisions of the Greater London development plan as in force for the time being, together with the notices given from time to time by the Secretary of State indicating his approval of any feature or element of the plan;

(b) any alterations to that plan, together with the Secretary of State's notices of approval thereof ;”.