Town and Country Planning Act 1990

50 Joint structure and local plans. E+W

(1) Where a structure plan has been prepared by two or more local planning authorities jointly, the power of making proposals under section 32 for the alteration or [F1 for the repeal and] replacement of the plan may be exercised as respects their respective areas by any of the authorities by whom it was prepared, and the Secretary of State may under that section direct any of them to submit such proposals as respects their respective areas.

F2 [(2) Subsection (3) shall apply instead of section 33(1)(b) and (c) in relation to joint proposals to alter or repeal and replace a joint structure plan and references in section 33 to subsection (1) of that section and the purposes of paragraphs (a) to (c) of it shall include references to subsection (3) and the purposes of paragraphs (a) and (b) of that subsection respectively.

(3) The local planning authorities shall take such steps as will in their opinion secure—

(a) that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so;

(b) that such persons are given an adequate opportunity of making such representations.]

(4) Each of the authorities by whom proposals for the alteration or[F3 repeal and] replacement of a joint structure plan have been prepared shall have the duty imposed by section [F4 33(2)]of making copies of the proposals and explanatory memorandum available for inspection.

(5) Where two or more local planning authorities jointly prepare proposals for the alteration or[F5 repeal and ] replacement of a structure plan under this section, all or any of them may withdraw them under section 34(1) and on their doing so all the authorities shall comply with subsection [F6 (2)] of that section.

(6) Where two or more local planning authorities jointly prepare proposals for the making, alteration, [F7 repeal] or replacement of a local plan—

(a) [F8 the local planning authorities are jointly responsible for taking the steps required by section 39 or 40, except that ] they each have the duty imposed by section [F9 40(2)] [F8 or 40(2)(a)] of making copies of the relevant documents available for inspection and objections to the proposals may be made to any of those authorities and the statement required by section [F9 40(4)] [F8 or 40(3)] to accompany the relevant documents shall state that objections may be so made;

(b) it shall be for each of the local planning authorities to adopt the proposals under section 43(1) [F10 and they may do so as respects any part of their area to which the proposals relate], but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.

[F11 (7) Where a structure plan has been jointly prepared by two or more local planning authorities, the duty—

(a) to notify and supply a statement under section 35C; and

(b) to supply a statement under section 46,

shall apply to each of those authorities.

(7A) Where a local plan, or proposals for its alteration or replacement have been jointly prepared by two or more local planning authorities—

(a) the requirement to serve a copy under subsection (1) of section 46; and

(b) the right to be supplied with a statement under subsection (2) of that section,

shall apply to each of those authorities.]

(8) Where a local plan has been made jointly, the power of making proposals for its alteration, [F12 repeal] or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made,[F12 in accordance with the provisions of the relevant local plan scheme], and the Secretary of State may under section [F13 39] direct any of them to make proposals as respects their respective areas.

[F14 (9) The date of the coming into operation—

(a) of proposals for the alteration or replacement of a structure plan prepared jointly by two or more local planning authorities; and

(b) of a local plan or proposals for its alteration or replacement so prepared,

shall be a date jointly agreed by those authorities.]

Textual Amendments

F1 Words in s. 50(1) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(1)(with s. 84(5)); S.I. 1991/2728, art.2

F2 S. 50(2)(3) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 ,84(2)-(4), Sch. 4 Pt. I, para. 24(1) (with s. 84(5)); S.I. 1991/2728, art.2

F3 Words in s. 50(4) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(2)(with s. 84(5)); S.I. v1991/2728, art.2

F4 Words in s. 50(4) substituted (25.11.1991 for certain purposes and otherwiseprosp) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(2)-(4), Sch. 4 Pt. I, para. 24(2)(with s. 84(5)); S.I. 1991/2728, art. 2

F5 Words in s. 50(5) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(2)-(4), Sch. 4 Pt. I, para. 24(3) (with s. 84(5)); S.I. 1991/2728, art.2

F6 Word in s. 50(5) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(3) (with s. 84(5)); S.I. 1991/2728, art.2

F7 Word in s. 50(6) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(4)(a) (with s. 84(5)); S.I. 1991/2728, art.2

F8 Words in s. 50(6)(a) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27 , 84(2)-(4), Sch. 4 Pt. I, para. 24(4)(b)(i) (with s. 84(5)); S.I. 1991/2728, art.2

F9 Words in s. 50(6)(a) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(4)(b)(ii)(iii) (with s. 84(5)); S.I. 1991/2728, art.2

F10 Words in s. 50(6)(b) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(4)(c)(with s. 84(5)); S.I. 1991/2728, art.2

F11 S. 50(7)(7A) substituted (25.11.1991 for certain purposes and otherwiseprosp. ) by Planning and Compensation Act 1991 (c. 34 SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I para. 24(5) (with 84(5)); S.I. 1991/2728, art.2

F12 Words in s. 50(8) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(6)(with s. 84(5)); S.I. 1991/2728, art.2

F13 Words in s. 50(8) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(6) (with s. 84(5)); S.I. 1991/2728, art.2

F14 S. 50(9) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 24(7) (with s. 84(5)); S.I. 1991/2728, art.2