Town and Country Planning Act 1990

1 Land indicated in a structure plan in force for the district in which it is situated either—

(a) as land which may be required for the purposes—

(i) of the functions of a government department, local authority [F1 National Park authority] or statutory undertakers, F2 . . ., or

[F3 (ii) of the provision by an electronic communications code operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service, or]

(b) as land which may be included in an action area.

Notes

(1) In this paragraph the reference to a structure plan in force includes a reference to—

[F4 (a) proposals for the alteration or replacement of a structure plan which have been made available for inspection under section 33(2);

(b) any proposed modifications to those proposals which have been published in accordance with regulations under section 53.]

(2) Note (1) shall cease to apply when the copies of the proposals made available for inspection have been withdrawn under section [F5 34].

(3) Note (1) shall also cease to apply when—

(a) the relevant proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject the proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 51.

(5) This paragraph does not apply to land situated in a district for which a local plan is [F6 in operation], where that plan—

(a) allocates any land in the district for the purposes of such functions as are mentioned in this paragraph; or

(b) defines any land in the district as the site of proposed development for the purposes of any such functions.

[F7 (5A) In Note (5) the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the M1 Planning and Compensation Act 1991.]

(6) This paragraph does not apply to land within paragraph 5 or 6.

(7) In the application of this paragraph to Greater London the reference to a structure plan shall be construed as a reference to the Greater London Development Plan [F8 and Notes (1) to (4) shall be omitted].

Textual Amendments

F1 Words in Sch. 13 para. 1(a)(i) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(16) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F2 Words in Sch. 13 para. 1(a)(i) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 39(4), Sch. 11 Pt. II (with s. 40(7), Sch. 10 para. 12); S.I. 1994/2552, art. 2

F3 Sch. 13 para. 1(a)(ii) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 105 (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F4 Sch. 13 para. 1 Note (1) paras. (a)(b) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 37(1)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F5 Word in Sch. 13 para. 1 Note (2) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt II para. 37(2)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F6 Words in Sch. 13 para. 1 Note (5) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt II para. 37(3)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F7 Sch. 13 para. 1 Note (5A) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 37(4)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F8 Words in Sch. 13 para. 1 Note (7) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt II para. 37(5)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

Modifications etc. (not altering text)

C1 Sch. 13 para. 1 applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 PT. III para. 21(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Marginal Citations

M1 1991 c. 34.