Town and Country Planning Act 1990

SupplementaryE+W

24 Disregard of certain representations.E+W

Notwithstanding anything in the previous provisions of this Chapter, 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, as the case may be, the authority 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 M1Highways Act 1980;

(b)an order or scheme under any provision replaced by the provisions mentioned in paragraph (a), namely, an order or scheme under section 7, 9, 11, 13 or 20 of the M2Highways Act 1959, section 3 of the M3Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the M4Highways Act 1971; or

(c)an order under section 1 of the M5New Towns Act 1981.

25 Default powers.E+W

(1)Where, by virtue of any of the previous provisions of this Chapter, 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 by the local planning authority 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)The previous provisions of this Chapter shall, so far as practicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State and the thing so done.

(3)The authority mentioned in subsection (1) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions.

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 Meaning of “development plan” in Greater London and metropolitan counties.E+W

For the purposes of this Act and any other enactment relating to town and country planning, the M6Land Compensation Act 1961 and the M7Highways 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.

Modifications etc. (not altering text)

C1S. 27 modified (1.5.1994) by S.I. 1994/1210, art. 7(1)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1863, art. 4(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1867, art. 13(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1875, art. 5(5)(a)

C2S. 27: functions of local authority not to be sole responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C3S. 27 restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 para. 4(3) (with arts. 12, 13, Sch. 12)

Marginal Citations

[F627A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Commencement of Chapter I: transitional provisions.E+W

(1)Subject to subsection (2), the provisions of this Chapter shall come into force in the area of any local planning authority in Greater London or a metropolitan county (other than any area in that county which is part of a National Park) on such day as may be appointed in relation to that area by an order made by the Secretary of State.

(2)Subsection (1) does not apply in any area in relation to which an order has been made before the commencement of this Act under section 4(1) of the M8Local Government Act 1985 (commencement of Part I of Schedule 1 to that Act) and in any such area the provisions of this Chapter shall come into force at the commencement of this Act or, if later, on the day appointed by the order.

(3)Until a unitary development plan becomes operative under this Chapter for such an area as is mentioned in subsection (1) (or where parts of such a plan become operative on different dates until every part has become operative)—

(a)if it is the area of a local planning authority in a metropolitan county, Part I of Schedule 2 (which provides for existing plans to continue in force and applies some of the provisions of Chapter II) shall apply in relation to it;

(b)if it is the area of a local planning authority in Greater London, Part II of that Schedule (which makes similar provision) shall apply in relation to it; and

(c)Part III of that Schedule shall apply in relation to it for the purpose of making continuing provision for the transitional matters for which provision was made immediately before the commencement of this Act by Schedule 7 to the 1971 Act (old development plans etc.).

(4)The power to make orders under this section may be exercised so as to make different provision for different cases, including different provision for different areas.

[F728A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .