Town and Country Planning Act 1990

38F1 Waste policies.E+W

F2(1)In this section —

“waste policies” means detailed policies in respect of development which involves the depositing of refuse or waste materials other than mineral waste; and
“waste local plan” means a plan containing waste policies.

(2)A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—

(a)prepare a waste local plan for their area; or

(b)include their waste policies in their minerals local plan.

(3)A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—

(a)for a National Park;

(b)for an area where waste policies are not a county matter for the purposes of Schedule 1.

(4)A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—

(a)prepare a waste local plan for their area; or

(b)include their waste policies in—

(i)their minerals local plan; or

(ii)their local plan.

(5)In formulating their waste policies, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(6)Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.

(7)The following provisions of this Chapter apply with respect to waste local plans as they apply with respect to local plans, but as if references to a local planning authority were references to the authority who are entitled to prepare a waste local plan.

Textual Amendments

F1Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F2S. 38(1) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(3)

Modifications etc. (not altering text)

C1S. 38(2) modified (1.4.1996) by S.I. 1995/187, art. 6(2)(c)

S. 38(2) modified (1.4.1996) by S.I. 1995/493, art. 15(2)(c)

S. 38(2) modified (1.4.1996) by S.I. 1995/610, art. 14(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1769, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1770, art. 9(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1771, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1772, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1773, art. 7(2)(c)(3)