Local Government Act 1985

Section 4.

SCHEDULE 1 Development Plans

PART I Unitary Development Plans

Survey of planning areas

1 (1) The local planning authority—

(a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b) may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.

(2) Without prejudice to the generality of sub-paragraph (1) above, the matters to be kept under review or examined under that subparagraph shall include—

(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas ;

(b) the size, composition and distribution of the population of that area (whether resident or otherwise);

(c) without prejudice to paragraph (a) above, the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d) any considerations not mentioned in any of the foregoing paragraphs which may be expected to affect any matters mentioned in them;

(e) such other matters as may be prescribed or as the Secretary of State may in a particular case direct;

(f) any changes already projected in any of the matters mentioned in any of the foregoing paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3) A local planning authority shall, for the purpose of discharging their functions under this paragraph of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.

Preparation of unitary development plan

2 (1) The local planning authority shall, after the coming into force of this paragraph in their area and within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a unitary development plan.

(2) A unitary development plan shall comprise two parts, namely—

(a) Part I which shall consist of a written statement formulating the authority's general policies in respect of the development and other use of land in their area (including measures for the improvement of the physical environment and the management of traffic) ; and

(b) Part II which shall consist of—

(i) a written statement formulating in such detail as the authority think appropriate (and so as to be readily distinguishable from the other contents of the plan) their proposals for the development or other use of land in their area or for any description of development or other use of such land ;

(ii) a map showing those proposals on a geographical basis ;

(iii) a reasoned justification of the general policies in Part I and of the proposals in Part II; and

(iv) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies in Part I or the proposals in Part II as the authority think appropriate or as may be prescribed.

(3) A unitary development plan shall also contain such other matters as may be prescribed or as the Secretary of State may in any particular case direct.

(4) In formulating the general policies in Part I of a unitary development plan the authority shall have regard—

(a) to any strategic guidance given by the Secretary of State to assist them in the preparation of the plan ;

(b) to current national and regional policies ;

(c) to the resources likely to be available ; and

(d) to such other matters as the Secretary of State may direct the authority to take into account.

(5) The proposals in Part II of a unitary development plan shall be in general conformity with Part I.

(6) Part II of a unitary development plan may designate any part of the authority's area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method) and if an area is so designated that Part of the plan shall contain a description of the treatment proposed by the authority.

(7) In preparing a unitary development plan the authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

Publicity in connection with preparation of unitary development plan

3 (1) When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their area to the matters which they propose to include in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so ; and

(c) that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2) Where the local planning authority have prepared a unitary development plan they shall, before adopting it, make copies of it available for inspection at their office and at such other places as may be prescribed and send a copy to the Secretary of State; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the plan may be made to the authority.

(3) The copy of a unitary development plan sent to the Secretary of State under sub-paragraph (2) above shall be accompanied by a statement—

(a) of the steps which the authority have taken to comply with sub-paragraph (1) above ; and

(b) of the authority's consultations with, and their consideration of the views of, other persons.

(4) If, on considering the statement submitted with and the matters contained in a unitary development plan and any other information provided by the local planning authority, the Secretary of State is not satisfied that the purposes of paragraphs (a) to (c) of sub-paragraph (1) above have been adequately achieved by the steps taken by the authority in compliance with that sub-paragraph, he may, within twenty-one days of the receipt of the statement, direct the authority not to take further steps for the adoption of the plan without taking such further action as he may specify in order better to achieve those purposes and satisfying him that they have done so.

(5) A local planning authority who are given directions by the Secretary of State under sub-paragraph (4) above shall—

(a) forthwith withdraw the copies of the unitary development plan made available for inspection as required by subparagraph (2) above; and

(b) notify any person by whom objections to the plan have been made to the authority that the Secretary of State has given such directions as aforesaid.

Withdrawal of unitary development plan

4 (1) A unitary development plan may be withdrawn by the local planning authority at any time before it is adopted by the authority or approved by the Secretary of State and shall be withdrawn by the authority if the Secretary of State so directs.

(2) Where a unitary development plan is withdrawn the authority shall—

(a) withdraw the copies made available for inspection and sent to the Secretary of State under paragraph 3(2) above; and

(b) give notice that the plan has been withdrawn to every person who has made an objection to it.

(3) In determining the steps to be taken by a local planning authority to secure the purposes of paragraphs (a) to (c) of sub-paragraph (1) of paragraph 3 above the authority and the Secretary of State may take into account any steps taken to secure those purposes in connection with any unitary development plan which the authority have previously withdrawn.

(4) Where a unitary development plan is withdrawn the copies of the plan shall be treated as never having been made available under paragraph 3(2) above.

Adoption of unitary development plan by local planning authority

5 (1) After the expiry of the period afforded for making objections to a unitary development plan or, if such objections have been duly made during that period, after considering those objections, the local planning authority may, subject to the following provisions of this paragraph and paragraph 7 below, by resolution adopt the plan either as originally prepared or as modified to take account—

(a) of those objections ;

(b) of any other objections made to the plan ;

(c) of any other considerations which appear to the authority to be material.

(2) A unitary development plan shall not be adopted unless Part II of the plan is in general conformity with Part I.

(3) Where an objection to a unitary development plan has been made by the Minister of Agriculture, Fisheries and Food and the local planning authority do not propose to modify the plan to take account of the objection the authority—

(a) shall send the Secretary of State particulars of the objection and a statement of their reasons for not modifying the plan to take account of it; and

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

(4) Subject to the following provisions of this Schedule and to section 242 of the [1971 c. 78.] Town and Country Planning Act 1971, a unitary development plan shall become operative on the date on which it is adopted.

Local inquiries and hearings prior to adoption

6 (1) For the purpose of considering objections to a unitary development plan the local planning authority may, and shall in the case of objections made in accordance with regulations under this Part of this Schedule, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Part of this Schedule, by the authority themselves ; and—

(a) subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this paragraph as they apply to an inquiry under that section ; and

(b) the [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2) Regulations made for the purposes of this paragraph may—

(a) make provision with respect! to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this paragraph, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person or one of a specified list or class of persons ;

(b) make provision with respect to the remuneration and allowances of a person appointed for that purpose.

(3) No local inquiry or other hearing need be held under this paragraph if all persons who have made objections have indicated in writing that they do not wish to appear.

Calling in of unitary development plan for approval by Secretary of State

7 (1) At any time after a copy of a unitary development plan has been sent to the Secretary of State under paragraph 3(2) above and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval, and in that event—

(a) the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and

(b) the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the foregoing provisions of this Schedule.

(2) Where particulars of an objection to a unitary development plan have been sent to the Secretary of State under paragraph 5(3) above, then, unless he is satisfied that the Minister of Agriculture, Fisheries and Food no longer objects to the plan, it shall be the duty of the Secretary of State to give a direction in respect of it under subparagraph (1) above.

(3) Sub-paragraph (1)(a) above applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under paragraph 6 above ; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority shall not be obliged to afford any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under paragraph 9 below or which the Secretary of State states that he has considered in making his decision.

Approval of unitary development plan by Secretary of State

8 (1) Subject to paragraph 9 below, the Secretary of State may after considering a plan or part of a plan submitted to him under paragraph 7(1) above either approve it in whole or in part and with or without modifications or reservations or reject it.

(2) In considering a plan or part of a plan submitted to him as aforesaid the Secretary of State may take into account any matters which he thinks relevant, whether or not they were taken into account in the plan or that part of it.

(3) The Secretary of State shall give to a local planning authority such statement as he considers appropriate of the reasons governing his decision on any plan or part of a plan submitted to him.

(4) Where the whole or part of Part I of a unitary development plan is approved by the Secretary of State with modifications, the local planning authority shall, before adopting the remainder of the plan, make such modifications in Part II as may be directed by the Secretary of State for bringing it into general conformity with Part I and, in the absence of any such direction, shall make such modifications for that purpose in Part II as appear to the authority to be required.

(5) Subject to section 242 of the [1971 c. 78.] Town and Country Planning Act 1971, a plan or part of a plan which is approved by the Secretary of State under this paragraph shall become operative on such day as he may appoint.

Local inquiry, public examination and consultation by Secretary of State

9 (1) Subject to sub-paragraph (3) below, before deciding whether or not to approve a plan or part of a plan submitted to him under paragraph 7(1) above, the Secretary of State shall consider any objection to it so far as made in accordance with regulations under ¦this Part of this Schedule.

(2) Subject to sub-paragraph (3) below, where—

(a) the whole of a unitary development plan; or

(b) the whole or part of Part II of such a plan ; or

(c) the whole or part of Part I together with any part of Part II, or the whole of Part II together with any part of Part I, of such a plan,

is submitted as aforesaid, then, if any objections have been made to the plan or the relevant part of it as aforesaid, the Secretary of State shall before deciding whether to approve it cause a local inquiry or other hearing to be held for the purpose of considering those objections.

(3) The Secretary of State need not under sub-paragraph (1) above consider any objections which have already been considered by the local planning authority and need not cause a local inquiry or other hearing to be held under sub-paragraph (2) above if that authority have already held a local inquiry or other hearing into the objections under paragraph 6 above or the Secretary of State, on taking the plan or the relevant part of it into consideration, decides to reject it.

(4) Where the whole or part of Part I of a unitary development plan (but not the whole or any part of Part II) is submitted to the Secretary of State under paragraph 7(1) above he may cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting the Secretary of State's consideration of the part of the plan submitted to him as he considers ought to be so examined.

(5) 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 sub-paragraph (4) above.

(6) The Secretary of State shall not be required to secure to any local planning authority or other person a right to be heard at an examination under sub-paragraph (4) above, and the bodies and persons who may take part shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so; but 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 if it appears to him or them desirable to do so.

(7) An examination under sub-paragraph (4) above 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.

(8) On considering a plan or part of a plan submitted to him under paragraph 7(1) above 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 except as provided in the foregoing provisions of this paragraph.

Alteration of unitary development plan

10 (1) A local planning authority may at any time, and shall if so directed by the Secretary of State, make proposals for the alteration or replacement of a unitary development plan adopted or approved for their area under the foregoing provisions of this Part of this Schedule but, except in pursuance of such a direction, a local planning authority shall not without the consent of the Secretary of State make proposals under this paragraph in respect of any plan or part of a plan if that plan or any part of it has been approved by him under those provisions.

(2) Paragraphs 2 to 9 above (other than sub-paragraph (1) of paragraph 2) shall apply in relation to the making of proposals under this paragraph and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under paragraph 2 and to a plan prepared under that paragraph.

(3) As soon as practicable after—

(a) an order has been made under paragraph 5 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (designation of enterprise zone); or

(b) a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),

the local planning authority for an area in which the zone is wholly •or partly situated shall review any unitary development plan for that area in the fight of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this paragraph for any consequential alterations to the plan which they consider necessary.

Disregard of certain representations

11 Notwithstanding anything in the foregoing provisions of this Part of this Schedule, neither the Secretary of State nor a local planning authority shall be required to consider representations or objections with respect to a unitary development plan or any proposals for the alteration or replacement of such a plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the [1980 c. 66.] Highways Act 1980 ;

(b) an order or scheme under any provision replaced by the provisions mentioned in paragraph (a) above, namely, an order or scheme under section 7, 9, 11, 13 or 20 of the [1959 c. 25.] Highways Act 1959, section 3 of the [1961 c. 63.] Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the [1971 c. 41.] Highways Act 1971; or

(c) an order under section 1 of the [1981 c. 64.] New Towns Act 1981.

Joint unitary development plans

12 (1) A joint unitary development plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the foregoing provisions of this Part of this Schedule shall, in relation to any such joint plan, have effect subject to the following provisions of this paragraph.

(2) The local planning authorities shall jointly take such steps as will in their opinion secure—

(a) that adequate publicity is given in their areas to the matters proposed to be included in the plan ;

(b) that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so ; and

(c) that such persons are given an adequate opportunity of making such representations ;

and the authorities shall consider any representations made to them within the prescribed period.

(3) Sub-paragraph (1) of paragraph 3 above shall not apply in relation to a joint unitary development plan and references in subparagraphs (3) and (4) of that paragraph and in paragraph 4(3) above to sub-paragraph (1) of paragraph 3 and the purposes of paragraphs (a) to (c) of that sub-paragraph shall include references to sub-paragraph (2) above and the purposes of paragraphs (a) to (c) of that sub-paragraph.

(4) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by sub-paragraph (2) of paragraph 3 above of making copies of the plan available for inspection, and objections to the plan may be made to any of those authorities and the statement required by that sub-paragraph to accompany copies of the plan shall state that objections may be so made.

(5) It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under paragraph 5(1) above and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.

(6) Where a unitary development plan has been prepared jointly the power of making proposals in respect of the plan under paragraph 10 above may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that paragraph direct any of them to make proposals as respects their respective areas.

(7) In relation to any proposals made jointly under paragraph 10 above the reference in sub-paragraph (2) of that paragraph to paragraphs 2 to 9 above shall include a reference to sub-paragraph (2) above.

(8) The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.

Default powers

13 (1) Where, by virtue of any of the foregoing provisions of this Part of this Schedule, any unitary development plan or proposals for the alteration or replacement of such a plan are required to be prepared, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a) if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a plan or proposals within a reasonable period; or

(b) in a case where a period is specified for the preparation or adoption of any such plan or proposals if no such plan or proposals have been prepared or adopted within that period,

the Secretary of State may prepare and make the plan or any part of it or, as the case may be, alter or replace it, as he thinks fit.

(2) Where under this paragraph anything which ought to have been done by a local planning authority is done by the Secretary of State, the foregoing provisions of this Part of this Schedule shall, so far as practicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the thing so done.

(3) Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

Regulations and directions

14 (1) Without prejudice to the foregoing provisions of this Part of this Schedule, the Secretary of State may make regulations with respect to the form and content of unitary development plans and with respect to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration or replacement; and such regulations may in particular—

(a) provide for publicity to be given to the results of any review or survey carried out under paragraph 1 above ;

(b) provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any unitary development plan, and the approval, adoption or making of any such plan or any alteration or replacement of it or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration or replacement;

(d) without prejudice to paragraph (b) above, provide for notice to be given to particular persons of the approval, adoption, alteration or replacement of any plan if they have objected to the plan and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

(e) require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step ;

(f) require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in paragraphs 3(1)(a) or 12(2)(a) above or has been made available for inspection under paragraph 3(2) above, subject (if the regulations so provide) to the payment of a reasonable charge;

(g) provide for the publication and inspection of any unitary development plan which has been adopted, approved or made or any document approved, adopted or made altering or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(2) Regulations under this paragraph may make different provision for different cases.

(3) Subject to the foregoing provisions of this Part of this Schedule and to any regulations under this paragraph, the Secretary of State may give directions to any local planning authority or to local planning authorities generally.—

(a) for formulating the procedure for the carrying out of their functions under this Part of this Schedule ;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Schedule.

Meaning of " development plan " in Greater London and metropolitan counties

15 (1) For the purposes of the [1971 c. 78.] Town and Country Planning Act 1971, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a) the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority's resolution of adoption or the Secretary of State's notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b) any alteration to that plan, together with a copy of the authority's resolution of adoption, or the Secretary of State's notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

Consequential amendments

16 (1) In section 192(1) of the [1971 c. 78.] Town and Country Planning Act 1971 after paragraph (b) there shall be inserted—

“(bb) is land indicated in a unitary development plan in force for the district in which it is situated either as land which may be required for the purpose of any such functions or as land which may be included in an action area ; or

(bc) is land which by a unitary development plan is allocated for the purposes, or defined as the site, of proposed development! for any such functions ;”.

(2) In section 194(2X 0 of that Act after the words "paragraph (a) " there shall be inserted the words " or (bb)" .

(3) In section 242(1)(a) of that Act for the words " a local plan " there shall be substituted the words " , local plan or unitary development plan" .

(4) After section 244(5) of that Act there shall be inserted—

“(6) Subsections (1) and (2) of this section shall apply to a unitary development plan as they apply to a structure plan or local plan as if references to Part II of this Act and section 18(1) of this Act were references to Part I of Schedule 1 to the Local Government Act 1985 and paragraph 14 of that Schedule.”

(5) In section 255(2)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or of a unitary development plan under Part I of Schedule 1 to the Local Government Act 1985" .

(6) In section 266(1)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or Part I of Schedule 1 to the Local Government Act 1985" .

(7) In section 280(1)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or a unitary development plan relating to the land under Part I of Schedule 1 to the Local Government Act 1985" .

(8) In section 290(1) of that Act, in the definition of " development plan " after the words " section 20 of this Act" there shall be inserted the words " and paragraph 15 of Schedule 1 to the Local Government Act 1985" .

17 (1) In paragraphs (bb) and (bc) of section 192(1) of the Town and Country Planning Act 1971 the references to a unitary development plan shall include references to—

(a) a unitary development plan of which copies have been made available for inspection under paragraph 3(2) above ;

(b) proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by paragraph 10(2) above ; and

(c) modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b) above, being modifications of which notice has been given in accordance with regulations under Part I of this Schedule.

(2) No blight notice shall be served by virtue of this paragraph at any time after the copies of the plan or proposals made available for inspection have been withdrawn under paragraph 3(5) or 4(2) above but paragraph 4(4) above shall not invalidate any blight notice served by virtue of this paragraph before the withdrawal of copies of the plan or proposals.

(3) No blight notice shall be served by virtue of this paragraph after the relevant plan or alterations have come into force (whether in their original form or with modifications) or the local planning authority have decided to abandon, or the Secretary of State has decided to reject, the plan or alterations and notice of the decision has been given by advertisement.

(4) Section 68(6) of the [1973 c. 26.] Land Compensation Act 1973 (right to serve substituted counter-notice where the relevant plan or alterations come into force) shall apply also to a blight notice served by virtue of this paragraph.

(5) References in sub-paragraph (1) above to anything done under the provisions there mentioned include references to anything done under those provisions as they apply by virtue of paragraph 13(2) above.

(6) In relation to land falling within the said section 192(1) by virtue of this paragraph "the appropriate enactment" for the purposes of sections 192 to 207 of the said Act of 1971 shall be determined in accordance with subsection (2) of section 206 of that Act as if references in that subsection to the development plan were references to such plan, proposals or modifications as are mentioned in sub-paragraph ((1)(a)). (b) or (c) above.

PART II Transitional Provisions

Continuation of structure plans, local plans and old development plans

18 (1) Subject to paragraphs 19 and 20 below—

(a) the structure plan,

(b) any local plan ; and

(c) any old development plan,

which at the abolition date is in force in the area of a local planning authority in Greater London or a metropolitan county (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Part I of this Schedule or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative.

(2) A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of the [1971 c. 78.] Town and Country Planning Act 1971, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.

(3) In this paragraph " structure plan" , in relation to Greater London, means the Greater London Development Plan and " old development plan " means any plan which is in force in the area in question on the abolition date by virtue of Schedule 7 to the said Act of 1971.

Revocation of structure plan

19 (1) Where under Part I of this Schedule the Secretary of State approves all or any of Part I of a unitary development plan he may by order—

(a) wholly or partly revoke a structure plan continued in force by paragraph 18 above, either in its application to the whole of the area of a local planning authority or in its application to part of that area; and

(b) make such consequential amendments to that plan as appear to him to be necessary or expedient.

(2) Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

Local plans between abolition date and coming into force of Part I of this Schedule

20 (1) This paragraph has effect with respect to the application of Part II of the said Act of 1971 in relation to the area of a local planning authority in Greater London or a metropolitan county between the abolition date and the coming into force in that area of Part I of this Schedule.

(2) The said Part II shall not apply except for sections 6 and 21(3), paragraph 2 of Schedule 4 and the provisions relating to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are London borough councils or metropolitan district councils and, in respect of those matters, those provisions shall not include—

(a) sections 12(1A) and 14(5) to (7) and any other provision referring to those provisions ; and

(b) section 15A.

(3) In section 15(1) and (2) the reference to a local plan adopted by a local planning authority shall—

(a) in the case of a local planning authority which is a London borough council, include a local plan adopted by the Greater London Council and in force in respect of the area of that authority on the abolition date ;

(b) in the case of a local planning authority which is a metropolitan district council, include a local plan adopted by the metropolitan county council and in force in the area of that authority on that date.

(4) On the coming into force in any area of Part I of this Schedule, any local plan or proposal for the alteration, repeal or replacement of a local plan which—

(a) has been prepared by a London borough council or metropolitan district council (or by such a council jointly with one or more other such councils) ; but

(b) has not been adopted or approved,

shall be treated as having been abandoned by that council or those councils.

Incorporation of current local plan in unitary development plan

21 (1) A unitary development plan shall include any local plan which is in force in respect of the area in question at the time when the unitary development plan is prepared but subject to such alterations, if any, as may be specified in Part II of the unitary development plan ; and a unitary development plan shall as respects any such local plan indicate the extent, if any, to which it is subject to alteration in accordance with Part II of the unitary development plan.

(2) This paragraph shall not be construed as enabling any objections to be made to any part of a unitary development plan which consists of provisions of a local plan that are not subject to alterations as aforesaid.

Publicity in connection with local plan

22 In determining the steps to be taken by a local planning authority or local planning authorities to secure the purposes of paragraph 3(1)(a) to (c) or paragraph 12(2)(a) to (c) above in relation to proposals made in respect of a unitary development plan, the authority or authorities may under those provisions, and the Secretary of State may under paragraph 3(4) above, take into account any steps taken by the authority or authorities to secure those purposes in relation to the same or similar proposals made in respect of a local plan.

Pending proposals by GLC or metropolitan county council

23 (1) Any proposals for the alteration, or for the repeal and replacement, of a structure plan which have been prepared by the Greater London Council or a metropolitan county council before the abolition date but have not been approved by the Secretary of State shall be treated as having been withdrawn by that council.

(2) Subject to sub-paragraph (3) below, any local plan or proposal for the alteration, repeal or replacement of a local plan which has been prepared by the Greater London Council or a metropolitan county council before the abolition date but has not been adopted or approved shall be treated as having been abandoned by that council.

(3) Where before the abolition date the Secretary of State has directed that any local plan or any such proposals as are mentioned in sub-paragraph (2) above shall not have effect unless approved by him, he shall continue to consider the plan or the proposals and give his decision thereon as if the plan or proposals had been prepared and submitted by the London borough or metropolitan district council whose area is affected by the plan or proposals or, where the areas of two or more such councils are affected, as if the plan or proposals had been a joint plan or joint proposals prepared by those councils.

(4) In the case of any such local plan or proposals as are mentioned in sub-paragraph (2) above the grounds on which the Secretary of State may give such a direction as is mentioned in sub-paragraph (3) above shall include the ground that he considers it desirable that the plan or proposals should, instead of being treated as abandoned, be dealt with by him in accordance with sub-paragraph (3) above.