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Town and Country Planning Act 1990
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Changes over time for: Section 46
Version Superseded: 25/11/1991
Alternative versions:
- 01/02/1991- Amendment
- 01/02/1991
Point in time - 25/11/1991- Amendment
- Stop date 28/09/2004- Amendment
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Point in time view as at 01/02/1991. This version of this provision has been superseded.
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Town and Country Planning Act 1990, Section 46 is up to date with all changes known to be in force on or before 01 March 2025. 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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46 Certificate of conformity.E+W
(1)The proposals in a local plan shall be in general conformity with the structure plan.
(2)A district planning authority who have prepared proposals for the making, alteration, repeal or replacement of a local plan shall not take the steps mentioned in section 39(5) or 40(2) unless a certificate that the proposals conform generally to the structure plan has been issued in accordance with this section.
(3)The district planning authority shall request the county planning authority to certify that their proposals so conform and that authority shall, within a month of receiving the request, or such longer period as may be agreed between the authorities, consider the matter and, if satisfied that the proposals do so conform, issue a certificate to that effect.
(4)If it appears to the county planning authority that the proposals do not so conform in any respect, they shall, during or as soon as possible after the end of that period, refer the question whether they so conform in that respect to the Secretary of State to be determined by him.
(5)The Secretary of State may in any case by direction to a county planning authority reserve for his own determination the question whether proposals for the making, alteration, repeal or replacement of a local plan conform generally to the structure plan.
(6)On determining a question so referred to or reserved for him, the Secretary of State—
(a)if he is of the opinion that the proposals do so conform, may issue, or direct the county planning authority to issue, a certificate to that effect, and
(b)if he is of the contrary opinion, may direct the district planning authority to revise their proposals in such respects as he thinks appropriate so that they will so conform.
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