Town and Country Planning Act 1990

Alteration of plans E+W

21 Alteration or replacement of unitary development plan. E+W

(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 previous provisions of this Chapter 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 section 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) Subject to section 22, sections 12 to 20 (other than subsection (1) of section 12) shall apply in relation to the making of proposals under this section and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under section 12 and to a plan prepared under that section.

(3) As soon as practicable after—

(a) an order has been made under paragraph 5 of Schedule 32 to the M1 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 light of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this section for any consequential alterations to the plan which they consider necessary.

Marginal Citations

M1 1980 c. 65.

22 Short procedure for certain alterations and replacements. E+W

(1) Where a local planning authority propose to alter or replace a unitary development plan and it appears to them that the issues involved are not of sufficient importance to warrant the full procedure set out in section 13(1) to (4), they may proceed instead in accordance with this section.

(2) They shall—

(a) prepare the relevant documents (that is, the proposed alterations or replacement plan),

(b) make a copy of them available for inspection at their office and at such other places as may be prescribed, and

(c) send a copy to the Secretary of State.

(3) Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which representations or objections may be made.

(4) They shall then take such steps as may be prescribed for the purpose of—

(a) advertising the fact that the documents are available for inspection and the places and times at which and period during which they may be inspected, and

(b) inviting the making of representations or objections in accordance with regulations;

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

(5) The documents sent by the local planning authority to the Secretary of State under subsection (2) shall be accompanied by a statement of the steps which the authority are taking to comply with subsection (4).

(6) If, on considering the statement submitted with and the matters contained in the documents sent to him under subsection (2) and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of their proposals without—

(a) proceeding in accordance with section 13(1) to (4), or

(b) taking such further action as he may specify,

and satisfying him that they have done so.

(7) A local planning authority who are given directions by the Secretary of State under subsection (6) shall—

(a) immediately withdraw the copies of documents made available for inspection as required by subsection (2); and

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

(8) Where a local planning authority proceed in accordance with this section, the references in sections 14(2)(a) and (4) and 18(1) to copies made available or sent to the Secretary of State under section 13(3) shall be construed as references to copies made available or sent to the Secretary of State under subsection (2).