Local Government, Planning and Land Act 1980

Invitation to prepare scheme E+W+S

1 (1) The bodies which may be invited to prepare a scheme under this Schedule are, in relation to England and Wales:— E+W+S

(a) a district council;

[F1 (aa) the council of a Welsh county or county borough;]

(b) a London borough council;

(c) a new town corporation;

(d) an urban development corporation.

(2) The bodies which may be invited to prepare a scheme under this Schedule are, in relation to Scotland:—

(a) a district or general planning authority within the meaning of section 172(4) of the 1973 Act;

(b) a new town corporation;

(c) an urban development corporation.

(3) The Secretary of State may invite any of the bodies to prepare a scheme relating to the development of an area falling within the district [F2 county, county borough], borough, district or general planning authority area, new town area or urban development area (as the case may be) and send the scheme to him in accordance with this Schedule.

(4) The invitation shall be made with a view to the designation as an enterprise zone of the area for which the scheme may be prepared.

(5) The invitation—

(a) shall specify the area for which the scheme may be prepared;

(b) may contain directions as to the drawing up of the scheme (in particular, as to its form or content or any consultations to be made).

(6) The invitation may specify an area in which publicity is to be given under paragraph 2(2)(b) below.

(7) In this paragraph—

• “new town area” means an area designated as the site of a new town by an order under section 1 of the [F3 M1 New Towns Act 1981] or section 1 of the M2 New Towns (Scotland) Act 1968;

• “new town corporation” means a development corporation established under either of those Acts;

• “urban development area” means an area designated as such under this Act;

• “urban development corporation” means a corporation established as such under this Act.

Textual Amendments

F1 Sch. 32 para. 1(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 59(9)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F2 Words in Sch. 32 para. 1(3) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 59(9)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F3 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 12 para. 28(e)

Marginal Citations

M1 1981 c. 64 (123:3).

M2 1968 c. 16 (123:4).

2 (1) A body which receives an invitation may prepare a scheme in draft in accordance with the terms of the invitation. E+W+S

(2) If it prepares a scheme under sub-paragraph (1) above, it shall take such steps as will in its opinion secure—

(a) that—

(i) if the area for which the scheme is to be prepared is within Greater London, adequate publicity is given to its provisions in Greater London;

(ii) if the area for which the scheme is to be prepared is in England F4 ... but outside Greater London, adequate publicity is given to its provisions in the county in which the area is situated;

[F5 (iia) if the area for which the scheme is to be prepared is in Wales, adequate publicity is given to its provisions in the county or county borough in which the area is situated;] and

(iii) if the area for which the scheme is to be prepared is in Scotland, adequate publicity is given to its provisions in the region in which the area is situated; and

(b) that adequate publicity is also given to the provisions of the scheme in any area specified under paragraph 1(6) above;

(c) that persons who may be expected to want to make representations to the body with respect to the provisions are made aware that they are entitled to do so; and

(d) that such persons are given an adequate opportunity of making such representations within a period specified by the body (the specified period).

(3) The body shall consider any representation–

(a) which is made to it within the specified period, and

(b) which is made on the ground that all or part of the development specified in the scheme should not be granted planning permission in accordance with the terms of the scheme.

Textual Amendments

F4 Words in Sch. 32 para. 2(2)(a)(ii) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 59(9)(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F5 Sch. 32 para. 2(2)(a)(iia) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 59(9)(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2