Office of Public Sector Information
PART II continued CHAPTER I continued
(1) Subject to subsection (2), the provisions of this Chapter shall come into force in the area of any local planning authority in Greater London or a metropolitan county (other than any area in that county which is part of a National Park) on such day as may be appointed in relation to that area by an order made by the Secretary of State.
(2) Subsection (1) does not apply in any area in relation to which an order has been made before the commencement of this Act under section 4(1) of the [1985 c. 51.] Local Government Act 1985 (commencement of Part I of Schedule 1 to that Act) and in any such area the provisions of this Chapter shall come into force at the commencement of this Act or, if later, on the day appointed by the order.
(3) Until a unitary development plan becomes operative under this Chapter for such an area as is mentioned in subsection (1) (or where parts of such a plan become operative on different dates until every part has become operative)—
(a) if it is the area of a local planning authority in a metropolitan county, Part I of Schedule 2 (which provides for existing plans to continue in force and applies some of the provisions of Chapter II) shall apply in relation to it;
(b) if it is the area of a local planning authority in Greater London, Part II of that Schedule (which makes similar provision) shall apply in relation to it; and
(c) Part III of that Schedule shall apply in relation to it for the purpose of making continuing provision for the transitional matters for which provision was made immediately before the commencement of this Act by Schedule 7 to the 1971 Act (old development plans etc.).
(4) The power to make orders under this section may be exercised so as to make different provision for different cases, including different provision for different areas.
Subject to the transitional provisions in Schedule 2, this Chapter applies only to the area of any local planning authority outside Greater London and the metropolitan counties and to any part of a National Park in such a county.
(1) The local planning authority—
(a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and
(b) may, if they think fit, at any time institute a fresh survey of their area examining those matters.
(2) Without prejudice to the generality of subsection (1), the matters to be kept under review and examined under that subsection shall include—
(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;
(b) the size, composition and distribution of the population of that area (whether resident or otherwise);
(c) without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;
(d) any considerations not mentioned in paragraph (a), (b) or (c) which may be expected to affect any matters so mentioned;
(e) such other matters as may be prescribed or as the Secretary of State may in any particular case direct;
(f) any changes already projected in any of the matters mentioned in any of the previous paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.
(3) A survey under subsection (1)(b) may relate to only part of the area of an authority; and references in subsection (2) to the area of an authority or any neighbouring areas shall be construed accordingly.
(4) A local planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the area of another such authority, consult with that other authority about those matters.
(1) Each structure plan approved by the Secretary of State under the 1971 Act with respect to the area of a local planning authority which is in operation immediately before the commencement of this Act shall continue in force after its commencement (subject to any alterations then in operation and to the following provisions of this Part).
(2) The structure plan for any area shall be a written statement—
(a) formulating the local planning authority’s policy and general proposals in respect of the development and other use of land in that area (including measures for the improvement of the physical environment and the management of traffic); and
(b) containing such other matters as may be prescribed or as the Secretary of State may in any particular case direct.
(3) The written statement shall be illustrated by such diagram or diagrams as may be prescribed, which shall be treated as forming part of the plan.
(4) In formulating their policy and general proposals under subsection (2), the local planning authority shall secure that the policy and proposals are justified by the results of their survey under section 6 of the 1971 Act or any fresh survey instituted by them under section 30 and by any other information which they may obtain and shall have regard—
(a) to current policies with respect to the economic planning and development of the region as a whole;
(b) to the resources likely to be available for the carrying out of the proposals of the structure plan; and
(c) to such other matters as the Secretary of State may direct them to take into account.
(5) Where under section 7(7) of the 1971 Act the Secretary of State gave a consent or direction for the preparation of a structure plan for part of the area of a local planning authority, references in this Part of this Act to the area of the authority shall, in relation to a structure plan, be construed as including references to part of that area.
(1) A local planning authority may at any time submit to the Secretary of State and shall, if so directed by him, submit to him within a period specified in the direction, proposals for such alterations to the structure plan for their area as appear to them to be expedient or, as the case may be, as the Secretary of State may direct.
(2) Such proposals may relate to the whole or part of the area to which the plan relates.
(3) A local planning authority may at any time submit proposals for the repeal and replacement of the structure plan for their area to the Secretary of State.
(4) An authority submitting a proposal under subsection (3) for the repeal and replacement of a structure plan shall at the same time submit to the Secretary of State the structure plan with which they propose that it shall be replaced.
(5) Proposals under subsection (1) or (3) shall be accompanied by an explanatory memorandum summarising—
(a) in the case of proposals under subsection (1), the reasons which in the opinion of the local planning authority justify the alterations which they are proposing; and
(b) in the case of proposals under subsection (3), the reasons which in their opinion justify the repeal and replacement of the structure plan.
(6) The explanatory memorandum shall also state the relationship of the proposals to general proposals for the development and other use of land in neighbouring areas which may be expected to affect the area to which the proposals relate.
(7) The explanatory memorandum—
(a) shall also contain any information on which the proposals are based; and
(b) may contain such illustrative material as the local planning authority think appropriate.
(1) When preparing proposals for the alteration or repeal and replacement of a structure plan for their area and before finally determining their content for submission to the Secretary of State, the local planning authority shall take such steps as will in their opinion secure—
(a) that adequate publicity is given in their area to the matters which they propose to include in the proposals and to the proposed content of the explanatory memorandum relating to each such matter;
(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and
(c) that such persons are given an adequate opportunity of making such representations.
(2) The authority shall consider any representations made to them within the prescribed period.
(3) Not later than the submission of proposals to the Secretary of State, the local planning authority shall make copies of the proposals as submitted to the Secretary of State and of the explanatory memorandum available for inspection at their office and at such other places as may be prescribed.
(4) Each copy of the proposals and of the explanatory memorandum shall be accompanied by a statement of the time within which objections to the proposals may be made to the Secretary of State.
(5) Proposals submitted by the local planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—
(a) of the steps which the authority have taken to comply with subsections (1) and (2); and
(b) of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.
(6) If after considering the statement submitted with, and the matters included in, the proposals and any other information provided by the local planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the proposals.
(7) If the Secretary of State is not satisfied as mentioned in subsection (6), he shall return the proposals to the authority and direct them—
(a) to take such further action as he may specify in order better to achieve those purposes; and
(b) after doing so, to resubmit the proposals with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.
(8) Where the Secretary of State returns the proposals to the local planning authority under subsection (7), he shall—
(a) inform the authority of his reasons for doing so, and
(b) if any person has made an objection to the proposals to him, also inform that person that he has returned the proposals.
(9) A local planning authority who are given directions under subsection (7) shall immediately withdraw the copies of the proposals made available for inspection as required by subsection (3).
(10) Subsections (3) to (9) shall apply, with the necessary modifications, in relation to proposals resubmitted to the Secretary of State in accordance with directions given under subsection (7) as they apply in relation to the proposals as originally submitted.
(1) Proposals for the alteration or repeal and replacement of a structure plan submitted to the Secretary of State for his approval may be withdrawn by the local planning authority submitting them by a notice given to the Secretary of State at any time before he has approved them.
(2) Proposals which are so withdrawn shall be treated as never having been submitted.
(3) On the withdrawal of such proposals, the authority preparing them shall also withdraw the copies of the proposals which they have made available for inspection in accordance with section 33(3), and shall give notice that the proposals have been withdrawn to every person who has made an objection to them.
(4) In determining the steps to be taken by them to secure the purposes of paragraphs (a) to (c) of section 33(1), the local planning authority preparing such proposals may take into account any steps taken to secure those purposes in connection with any other such proposals which either were not submitted to the Secretary of State for his approval or were so submitted and then withdrawn.
(5) The authority submitting for approval by the Secretary of State proposals in the case of which they have taken any steps into account by virtue of subsection (4) shall give particulars of those steps in their statement to him under subsection (5) of section 33 and the Secretary of State may treat the steps as having been taken by them in connection with those proposals in determining under subsection (6) of that section whether he is satisfied as there mentioned.
(1) The Secretary of State may, after considering proposals for the alteration or repeal and replacement of a structure plan submitted (or resubmitted) to him, either approve them (in whole or in part and with or without modifications or reservations) or reject them.
(2) In considering any such proposals the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the proposals as submitted to him.
(3) Where on taking any such proposals into consideration the Secretary of State does not determine then to reject them, he shall before determining whether or not to approve them—
(a) consider any objections to the proposals, so far as they are made in accordance with regulations under this Chapter, and
(b) subject to subsection (4), cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting his consideration of the proposals as he considers ought to be so examined.
(4) If it appears to the Secretary of State, on consideration of the proposals, that no matters which require an examination in public arise from them or from any structure plan submitted with them under section 32(4), no such examination need be held.
(5) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination under subsection (3)(b).
(6) The Secretary of State need not secure to any local planning authority or other person a right to be heard at any such examination and, subject to subsection (7), only such bodies and persons as he may before or during the course of the examination invite to do so may take part in it.
(7) The person or persons holding the examination may before or during the course of the examination invite additional bodies or persons to take part in it if it appears to him or them desirable to do so.
(8) An examination under subsection (3)(b) shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the [1971 c. 62.] Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.
(9) On considering any proposals the Secretary of State may (but need not) consult with or consider the views of any local planning authority or other person.
(10) On exercising his powers under subsection (1) in relation to any proposals, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.
(1) A local plan shall consist of—
(a) a written statement formulating in such detail as the local planning authority think appropriate their proposals for the development and other use of land in their area, or for any description of development or other use of such land, including such measures as the authority think fit for the improvement of the physical environment and the management of traffic;
(b) a map showing those proposals; and
(c) such diagrams, illustrations or other descriptive matter as the authority think appropriate to explain or illustrate the proposals in the plan, or as may be prescribed.
(2) Different local plans may be prepared for different purposes for the same area.
(3) In formulating their proposals in a local plan the local planning authority shall have regard to any information and any other considerations which appear to them to be relevant or which may be prescribed or which the Secretary of State may in any particular case direct them to take into account.
(4) A local planning authority may prepare a local plan for a part of their area (an “action area”) which they have selected for the commencement during a prescribed period of comprehensive treatment, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one method and partly by another.
(5) A local plan prepared for an action area shall indicate the nature of the treatment selected for the area.
(6) For the purpose of discharging their functions with respect to local plans a district planning authority may, in so far as it appears to them necessary to do so having regard to any survey made by the county planning authority under section 6 of the 1971 Act or section 30, examine the matters mentioned in subsections (1) and (2) of section 30 so far as relevant to their area.
(7) In preparing a local plan a local planning authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.
(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.
(1) The Secretary of State may, after consulting a local planning authority, direct them to make, alter, repeal or replace a local plan with respect to their area or part of it.
(2) A direction for the making, alteration or replacement of a local plan shall specify the nature of the plan or, as the case may be, the nature of the alteration required.
(3) The authority shall comply with the direction as soon as possible.
(4) The county planning authority shall make such amendments of the relevant local plan scheme as appear to them appropriate in consequence of the direction.
(1) A local planning authority who propose to make, alter, repeal or replace a local plan shall proceed in accordance with this section, unless section 40 applies.
(2) They shall take such steps as will in their opinion secure—
(a) that adequate publicity is given to the proposals in the area to which the plan relates;
(b) that persons who may be expected to wish to make representations about the proposals are made aware that they are entitled to do so; and
(c) that such persons are given an adequate opportunity of making such representations.
(3) They shall consider any representations made to them within the prescribed period.
(4) They shall—
(a) consult the county planning authority or, as the case may be, the district planning authority with respect to their proposals;
(b) give that authority a reasonable opportunity to express their views; and
(c) take those views into consideration.
(5) They shall then, having prepared the relevant documents, that is, the proposed plan, alterations, instrument of repeal or replacement plan, as the case may be, and having obtained any certificate required by section 46—
(a) make copies of the documents available for inspection at their office,
(b) send a copy of them to the Secretary of State, and
(c) send a copy of them to the district or county planning authority, as the case may require.
(6) Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which objections may be made.
(1) Where a local planning authority propose to alter, repeal or replace a local plan and it appears to them that the issues involved are not of sufficient importance to warrant the full procedure set out in section 39, they may proceed instead in accordance with this section.
(2) They shall prepare the relevant documents, that is, the proposed alterations, instrument of repeal or replacement plan, as the case may be, and, having obtained any certificate required by section 46, shall—
(a) make copies of the documents available for inspection at their office,
(b) send a copy of them to the Secretary of State, and
(c) send a copy of them to the county or district planning authority, as the case may require.
(3) Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which representations or objections may be made.
(4) They shall then take such steps as may be prescribed for the purpose of—
(a) advertising the fact that the documents are available for inspection and the places and times at which, and period during which, they may be inspected, and
(b) inviting the making of representations or objections in accordance with regulations.
(5) They shall consider any representations made to them within the prescribed period.
(1) The documents sent by the local planning authority to the Secretary of State under section 39 shall be accompanied by a statement—
(a) of the steps which the authority have taken to comply with subsections (2) and (3) of that section, and
(b) of the authority’s consultations with other persons and their consideration of the views of those persons.
(2) The documents sent by the local planning authority to the Secretary of State under section 40 shall be accompanied by a statement of the steps which the authority are taking to comply with subsections (4) and (5) of that section.
(3) If, on considering the statement and the proposals and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority, he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of the proposals without—
(a) if they have proceeded in accordance with section 40, proceeding instead in accordance with section 39, or
(b) in any case, taking such further steps as he may specify,
and satisfying him that they have done so.
(4) A local planning authority who are given directions by the Secretary of State shall—
(a) immediately withdraw the copies of the documents made available for inspection as required by section 39(5) or 40(2), and
(b) notify any person by whom objections to the proposals have been made to the authority that the Secretary of State has given such directions.
(1) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering objections to their proposals for the making, alteration, repeal or replacement of a local plan.
(2) They shall hold such a local inquiry or other hearing in the case of objections made in accordance with regulations unless all the persons who have made such objections have indicated in writing that they do not wish to appear.
(3) A local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.
(4) Regulations may—
(a) make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;
(b) include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;
(c) make provision with respect to the remuneration and allowances of the person appointed.
(5) Subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.
(6) The [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.
(1) After the expiry of the period given for making objections to proposals for the making, alteration, repeal or replacement of a local plan or, if such objections were duly made within that period, after considering the objections so made, the local planning authority may, subject to this section and to section 44, by resolution adopt the proposals.
(2) They may adopt the proposals as originally prepared or as modified so as to take account of—
(a) any such objections as are mentioned in subsection (1) or any other objections to the proposals, or
(b) any other considerations which appear to the authority to be material.
(3) The authority shall not adopt any proposals which do not conform generally to the structure plan.
(4) After copies of the proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may, if it appears to him that the proposals are unsatisfactory, direct the authority to consider modifying the proposals in such respects as are indicated in the direction.
(5) An authority to whom a direction is given shall not adopt the proposals unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.
(6) Where an objection to the proposals has been made by the Minister of Agriculture, Fisheries and Food and the local planning authority do not propose to modify their proposals to take account of the objection—
(a) the authority shall send particulars of the objection to the Secretary of State, together with a statement of their reasons for not modifying their proposals to take account of it, and
(b) they shall not adopt the proposals unless the Secretary of State authorises them to do so.
(1) After copies of proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may direct that the proposals shall be submitted to him for his approval.
(2) If he does give such a direction—
(a) the authority shall not take any further steps for the adoption of the proposals and in particular shall not hold or proceed with a local inquiry or other hearing in respect of the proposals under section 42; and
(b) the proposals shall not have effect unless approved by the Secretary of State and shall not require adoption by the authority.
(3) Where particulars of an objection made by the Minister of Agriculture, Fisheries and Food have been sent to the Secretary of State under section 43(6), then, unless the Secretary of State is satisfied that that Minister no longer objects to the proposals, he shall give a direction in respect of the proposals under this section.
(1) The Secretary of State may after considering proposals submitted to him under section 44 either approve them (in whole or in part and with or without modifications or reservations) or reject them.
(2) In considering the proposals he may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted.
(3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them, he shall before determining whether or not to approve them—
(a) consider any objections to them made in accordance with regulations,
(b) give any person who made such an objection which has not been withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose, and
(c) if a local inquiry or other hearing is held, also give such an opportunity to the authority and such other persons as he thinks fit,
except so far as the objections have already been considered, or a local inquiry or other hearing into the objections has already been held, by the authority.
(4) In considering the proposals the Secretary of State may consult with or consider the views of any local planning authority or any other person; but he need not do so, or give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, except as provided by subsection (3).
(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.
Town and Country Planning Act 1990