Town and Country Planning Act 1990

37 Local plan schemes. E+W

(1) A local plan scheme for each county shall be maintained in accordance with this section setting out a programme for the making, alteration, repeal or replacement of local plans for areas in the county, except any part of the county included in a National Park.

(2) The scheme shall, as regards each local plan for which it provides—

(a) specify the title and nature of the plan and the area to which it is to apply and give an indication of its scope,

(b) indicate where appropriate its relationship with the other local plans provided for by the scheme, and

(c) designate the local planning authority, whether county or district, responsible for the plan;

and may contain any appropriate incidental, consequential, transitional and supplementary provisions.

(3) The district planning authorities shall keep under review the need for, and adequacy of, local plans for their area and may make recommendations to the county planning authority for incorporation into the local plan scheme.

(4) The county planning authority shall, in the light of the recommendations of the district planning authorities and in consultation with those authorities, make and then keep under review and from time to time amend the local plan scheme.

(5) As soon as practicable after making or amending a local plan scheme the county planning authority shall send a copy of the scheme, or the scheme as amended, to the Secretary of State.

(6) If a district planning authority make representations to the Secretary of State that they are dissatisfied with a local plan scheme, the Secretary of State may amend the scheme.

(7) A local planning authority may prepare proposals for the making, alteration, repeal or replacement of a local plan—

(a) in any case, except in the case of proposals relating only to land in a National Park, only where authorised to do so by the local plan scheme, and

(b) in the case of proposals for the alteration, repeal or replacement of a local plan approved by the Secretary of State, only with the consent of the Secretary of State;

but subject to any direction of the Secretary of State under section 38.