Town and Country Planning Act 1990

54 Meaning of “development plan” outside Greater London and the metropolitan counties. E+W

(1) Subject to subsection (4), for the purposes of this Act and any other enactment relating to town and country planning, the M1 Land Compensation Act 1961 and the M2 Highways Act l980, the development plan for any district outside Greater London and the metropolitan counties (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

[F1 (a) the provisions of the structure plan for the time being in operation in the area;

(b) any alterations to that structure plan;

(c) the provisions of the local plan and any minerals local plan or waste local plan for the time being in operation in the area;

(d) any alterations to that local plan or minerals local plan or waste local plan,

together with the resolutions of the authority who made or altered the plan or, as the case may be the Secretary of State’s notice of approval.]

(2) References in subsection (1) to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to a district forming part of the area to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the district.

(3) References in subsection (1) to notices of approval shall, in relation to any plan or alteration made by the Secretary of State under section 51, be construed as references to notices of the making of the plan or alteration.

(4) This section has effect subject to Part III of Schedule 2 (old development plans) [F2 and Part III of Schedule 4 to the M3 Planning and Compensation Act 1991].

(5) Any reference in the Land Compensation Act 1961 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

Textual Amendments

F1 S. 54(1)(a)-(d) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 29(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F2 Words in s. 54(4) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 29(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4

Modifications etc. (not altering text)

C1 S. 54: functions of local authority not to be sole responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Marginal Citations

M1 1961 c. 33.

M2 1980 c. 66.

M3 1991 c. 34.