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Version Superseded: 28/09/2004
Point in time view as at 25/07/2003.
Town and Country Planning Act 1990, SCHEDULE 2 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Sections 28 and 54.
Modifications etc. (not altering text)
C1Sch. 2 Pt. I applied (with modifications) (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)(a)
Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(a)
Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(a)
Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(a)
1(1)Subject to paragraphs 2 and 3—
(a)the structure plan,
(b)any local plan; and
(c)any old development plan,
which immediately before the commencement of this Act was in force in the area of a local planning authority in 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 Chapter I of Part II of this Act 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 this Act, any other enactment relating to town and country planning, the M1Land Compensation Act 1961 and the M2Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.
(3)In this paragraph “old development plan” means any plan which was in force in the area in question immediately before the commencement of this Act by virtue of Schedule 7 to the 1971 Act and paragraph 18 of Schedule 1 to the M3Local Government Act 1985.
2(1)Where under Chapter I of Part II of this Act 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 1, 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.
(3)Until the structure plan for an area in a metropolitan county ceases to be operative under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area with the omission of the words “in a non-metropolitan county”.
F13
Textual Amendments
F1Sch 2 Pt. I para. 3 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(a), Sch. 19 Pt. I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3
[F24(1)Sub - paragraph (2) applies where -.
(a)a local plan is in force in the area of a local planning authority;
(b)a unitary development plan is being prepared;
(c)the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and
(d)a local inquiry or other hearing is held for the purpose of considering any objection to the plan.
(2)Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—
(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(c);
(b)the policy so identified is an existing policy; and
(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).
(3)In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).]
Textual Amendments
F2Sch. 2 Pt. I para. 4 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. 36(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4
F35
Textual Amendments
F3Sch. 2 Pt. I para. 5 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(6), Sch. 4 Pt. II para. 36(1)(a), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3
F46
Textual Amendments
F4Sch. 2 Pt. I para. 6 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(6), Sch. 4 Pt. II para. 36(1)(a), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3
Textual Amendments
F5Sch. 2 Pt. IA inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. II para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
1(1)Every existing plan which relates to any part of Wales shall continue in force on and after 1st April 1996.E+W
(2)When a unitary development plan has become fully operative for the area of a local planning authority in Wales—
(a)any existing plan which is for the time being in force; and
(b)any interim plan,
shall cease to have effect in respect of its plan area to the extent that it is comprised in the area of that local planning authority.
(3)Any existing plan or interim plan shall, while it continues in force in respect of the area, or part of the area, of any local planning authority in Wales, be treated for the purposes of—
(a)this Act,
(b)any other enactment relating to town and country planning,
(c)the M4Land Compensation Act 1961, and
(d)the M5Highways Act 1980,
as being, or as being comprised in, the development plan in respect of that area or, as the case may be, that part of that area.
(4)Sub-paragraphs (1) to (3) have effect subject to the provisions of this Part of this Schedule and the 1994 Act transitional provisions.
(5)In this paragraph—
“the 1994 Act transitional provisions” means the provisions of Part III of Schedule 5 to the Local Government (Wales) Act 1994;
“existing plan” means a—
structure plan;
local plan; or
old development plan,
to the extent that it was in force in respect of any area in Wales immediately before 1st April 1996 (and includes any alteration made to, or replacement of, the plan after that date under the 1994 Act transitional provisions);
“interim plan” means any modified plan (within the meaning of the 1994 Act transitional provisions) which comes into force in respect of any area in Wales on or after 1st April 1996 under those provisions;
“old development plan” means any plan which was in force immediately before 1st April 1996 by virtue of Schedule 7 to the M6Town and Country Planning Act 1971 and Part III of this Schedule; and
“plan area”, in relation to an existing plan or interim plan, means the area in respect of which it was in force immediately before 1st April 1996 or, as the case may be, comes into force on or after that date.
2(1)Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan for the whole or part of the area of a local planning authority in Wales (“the relevant whole or part area”), he may by order—E+W
(a)wholly or partly revoke an existing plan which is a structure plan in respect of the plan area, to the extent that it is comprised in the relevant whole or part area or any part of it; and
(b)make such consequential amendments to that existing 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.
3(1)This paragraph applies where—E+W
(a)a unitary development plan is being prepared for the area of a local planning authority in Wales;
(b)the local planning authority preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy;
(c)one or more local plans is or, as the case may be, are together in force throughout the policy area; and
(d)a local inquiry or other hearing is held for the purpose of considering any objection to the plan.
(2)The person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—
(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(b);
(b)the policy so identified is an existing policy; and
(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of any plan mentioned in sub-paragraph (1)(c).
(3)In this paragraph—
“existing policy” means a policy the substance of which (however expressed) was contained in the local plan or local plans mentioned in sub-paragraph (1)(c);
“policy” includes a proposal; and
“policy area” means so much of the area of the local planning authority to which the policy concerned relates.
4E+WIn this Part of this Schedule, “local plan” includes—
(a)a minerals local plan;
(b)a waste local plan;
(c)a local plan adopted or approved before the commencement of Part I of Schedule 4 to the M7Planning and Compensation Act 1991 or under Part III of that Schedule.]
Marginal Citations
1(1)Subject to paragraphs 2 and 3—
(a)the Greater London Development Plan,
(b)any local plan; and
(c)any old development plan,
which immediately before the commencement of this Act was in force in the area of a local planning authority in Greater London (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 Chapter I of Part II of this Act 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 this Act, any other enactment relating to town and country planning, the M8Land Compensation Act 1961 and the M9Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.
(3)In this paragraph “old development plan” has the same meaning as in paragraph 1 of Part I of this Schedule.
2(1)Where under Chapter I of Part II of this Act 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 the Greater London Development Plan, 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.
(3)Until the Greater London Development Plan ceases to be operative in an area under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area—
(a)with the omission of the words “in a non-metropolitan county”; and
(b)with the substitution for the reference to the structure plan of a reference to that Plan.
F63
Textual Amendments
F6Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3
F74
Textual Amendments
F7Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3
F85
Textual Amendments
F8Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3
F96
Textual Amendments
F9Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3
F107
Textual Amendments
F10Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3
F118
Textual Amendments
F11Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
F129
Textual Amendments
F12Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
F1310
Textual Amendments
F13Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt. I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
F1411
Textual Amendments
F14Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
F1512
Textual Amendments
F15Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
F1613
Textual Amendments
F16Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
F1714
Textual Amendments
F17Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3
F1815
Textual Amendments
F18Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss.27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
F1916
Textual Amendments
F19Sch. 2 Pt. II paras. 3-16 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3
[F2017(1)Sub-paragraph (2) applies where—
(a)a local plan is in force in the area of a local planning authority;
(b)a unitary development plan is being prepared;
(c)the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and
(d)a local inquiry or other hearing is held for the purpose of considering any objection to the plan.
(2)Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—
(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(c);
(b)the policy so identified is an existing policy; and
(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).
(3)In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).]
Textual Amendments
F20Sch. 2 Pt. II para. 17 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. 36(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4, Sch.3
F2118
Textual Amendments
F21 Sch. 2 Pt. II para. 18 repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(6), Sch. 4 Pt. II para. 36(1)(b), Sch. 19 Pt.I; S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3
Modifications etc. (not altering text)
C2Sch. 2 Pt. III applied (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)
Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(b)
Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(b)
Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(b)
1In this Part of this Schedule “old development plan” means a development plan to which paragraph 2 of Schedule 7 to the 1971 Act (continuation in force of development plans prepared before structure plans became operative) applied immediately before the commencement of this Act.
2Any old development plan which immediately before the commencement of this Act was in force as respects any district shall, subject to the provisions of this Part of this Schedule, continue in force as respects that district and be treated for the purposes of this Act, any other enactment relating to town and country planning, the M10Land Compensation Act 1961 and the M11Highways Act 1980 as being comprised in the development plan for that district.
3Subject to the following provisions of this Part of this Schedule, where by virtue of paragraph 2 the old development plan for any district is treated as being comprised in a development plan for that district—
(a)if there is a conflict between any of its provisions and those of the structure plan for that district, or, in the case of Greater London, the Greater London Development Plan the provisions of the structure plan or, as the case may be, that Plan shall be taken to prevail for the purposes of Parts III, V, VI, VII, VIII and IX of this Act and of the M12Planning (Listed Buildings and Conservation Areas) Act 1990 and the M13Planning (Hazardous Substances) Act 1990; and
(b)if there is a conflict between any of its provisions and those of a local plan, the provisions of the local plan shall be taken to prevail for those purposes.
4Where immediately before the commencement of this Act a street authorisation map prepared in pursuance of the M14Town and Country Planning (Development Plans) Regulations 1965 or the M15Town and Country Planning (Development Plans for Greater London) Regulations 1966 was treated for the purposes of the 1971 Act as having been adopted as a local plan for a district by a local planning authority, it shall continue to be so treated.
5Where there is no local plan in force in a district, then, for any of the purposes of the Land Compensation Act 1961—
(a)the development plan or current development plan shall as respects that district be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, namely the structure plan or, as the case may be, the Greater London Development Plan, so far as applicable to the district, and any alterations to it, together with the Secretary of State’s notice of approval of the plan and alterations, and the old development plan;
(b)land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as are mentioned in paragraph (a), namely any area wholly or partly within that district selected by the structure plan or, as the case may be, the Greater London Development Plan as an action area and the area so defined in the old development plan.
6Subject to paragraph 8, on the adoption or approval of a local plan under section 43 or 45 or paragraph 10 of Part II of this Schedule so much of any old development plan as relates to the area to which the local plan relates shall cease to have effect.
7The Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the local plan relates.
8If the Secretary of State makes an order under paragraph 7, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.
9Subject to paragraph 10, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the area of a local planning authority or in its application to part of that area and make such consequential amendments to the plan as appear to him to be necessary or expedient.
10Before making an order with respect to a development plan under paragraph 7 or 9, the Secretary of State shall consult with the local planning authority for the area to which the plan relates.
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