Town and Country Planning Act 1990

31 Structure plans: continuity, form and content. E+W

(1) Each structure plan approved by the Secretary of State under the 1971 Act with respect to the area of a local planning authority which is in operation immediately before the commencement of this Act shall continue in force after its commencement (subject to any alterations then in operation and to the following provisions of this Part).

[F1 (2) A structure plan shall contain a written statement formulating the authority’s general policies in respect of the development and use of land in their area.

(3) The policies shall, subject to subsection (4), include policies in respect of—

(a) the conservation of the natural beauty and amenity of the land;

(b) the improvement of the physical environment; and

(c) the management of traffic.

(4) Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

(5) A structure plan shall also contain —

(a) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and

(b) such other matters as the Secretary of State may, in any particular case, direct.

(6) In formulating their general policies the authority shall have regard to—

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

(b) current national policies;

(c) the resources likely to be available; and

(d) such other matters as the Secretary of State may prescribe or, in a particular case, direct.

(7) Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area.

(8) The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b).

(9) Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

(10) For the purposes of this section, except subsection (6)(b), “policies” includes proposals.]

Textual Amendments

F1 S. 31(2)-(10) substituted for s. 31(2)-(5) (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1992 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.16 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C1 S. 31(3) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)

C2 S. 31(3) modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 37 (as amended by S.I. 2009/2438, reg. 5)