Town and Country Planning Act 1990

Supplementary

49 Disregarding of representations with respect to development authorised by or under other enactments

Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority need consider representations or objections with respect to a local plan or any proposal to alter, repeal or replace a structure plan or a local plan if it appears to the Secretary of State or, as the case may be, the authority that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the [1980 c. 66.] Highways Act 1980;

(b) an order or scheme under any provision replaced by the provisions of the Highways Act 1980 mentioned in paragraph (a) (namely, an order or scheme under section 7, 9, 11, 13 or 20 of the [1959 c. 25.] Highways Act 1959, section 3 of the [1961 c. 63.] Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the [1971 c. 41.] Highways Act 1971);

(c) an order under section 1 of the [1981 c. 64.] New Towns Act 1981.

50 Joint structure and local plans

(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 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.

(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 repeal and replacement of a joint structure plan have been prepared shall have the duty imposed by section 33(3) 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 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 (3) of that section.

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

(a) 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 39(5)(a) 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 39(6) 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) 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.

(7) Where—

(a) a structure plan has been jointly prepared by two or more county planning authorities, or

(b) a local plan has been jointly prepared by two or more district planning authorities,

a request for a certificate under section 46 that the local plan conforms generally to the structure plan shall be made by each district planning authority to the county planning authority for the area comprising the district planning authority’s area and it shall be for that county planning authority to deal with the request.

(8) Where a local plan has been made jointly, the power of making proposals for its alteration, repeal or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, in accordance with the provisions of the relevant local plan scheme, and the Secretary of State may under section 38 direct any of them to make proposals as respects their respective areas.

(9) The date appointed under section 53(5) for the coming into operation of a local plan prepared jointly by two or more local planning authorities or for the alteration, repeal or replacement of a local plan in pursuance of proposals so prepared shall be one jointly agreed by those authorities and shall be specified in their respective resolutions adopting the plan or proposals.

51 Default powers

(1) Where, by virtue of any of the previous provisions of this Chapter, any survey is required to be carried out, or any local plan or proposals for the alteration, repeal or replacement of such a plan or of a structure plan are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any local plan or any such proposals, then—

(a) if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the relevant local planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt a local plan or such proposals within a reasonable period; or

(b) in a case where a period is specified for the submission or adoption of a local plan or any such proposals, if no such plan or proposals have been submitted or adopted within that period,

the Secretary of State may carry out the survey or prepare and make a local plan or, as the case may be, alter, repeal or replace such a plan or a structure plan, as he thinks fit.

(2) Where under subsection (1) the Secretary of State may do anything which should have been done by a local planning authority (“the defaulting authority”) he may, if he thinks fit, authorise any other local planning authority who appear to him to have an interest in the proper planning of the area of the defaulting authority to do it.

(3) The previous provisions of this Chapter shall, so far as applicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State or an authority other than the defaulting authority and the thing so done.

(4) The defaulting authority—

(a) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions; and

(b) shall repay to any other authority who do under this section anything which should have been done by the defaulting authority any expenses certified by the Secretary of State to have been reasonably incurred by that other authority in connection with the doing of that thing.

52 Reviews of plans in enterprise zones

(1) As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (adoption of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme)—

(a) any county planning authority for an area in which the enterprise zone is wholly or partly situated shall review any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme; and

(b) any local planning authority for an area in which the enterprise zone is wholly or partly situated shall review any local plan prepared by it which relates to any land in the zone.

(2) A county planning authority shall submit to the Secretary of State proposals for any alterations to a structure plan which they consider necessary to take account of the scheme or the modified scheme.

(3) A local planning authority shall make proposals for any alterations to such a local plan as is mentioned in subsection (1)(b) which they consider necessary to take account of the scheme or the modified scheme, or for the repeal or replacement of any such plan whose repeal or replacement they consider necessary for that purpose.

53 Supplementary provisions as to structure and local plans

(1) Without prejudice to the previous provisions of this Chapter, the Secretary of State may make regulations with respect to the form and content of structure and local plans and the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration, repeal and replacement.

(2) In particular any such regulations may—

(a) provide for publicity to be given to the report of any survey carried out by a local planning authority under section 30;

(b) provide for the notice to be given of or the publicity to be given to—

(i) matters included or proposed to be included in any such plan,

(ii) the approval, adoption or making of any such plan or any alteration, repeal or replacement of it, or

(iii) any other prescribed procedural step,

and for publicity to be given to the procedure to be followed as mentioned in subsection (1);

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, repeal or replacement;

(d) without prejudice to paragraph (b), provide for notice to be given to particular persons of the approval, adoption or alteration of any plan, if they have objected to the plan and have notified the relevant local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e) require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f) require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request with copies of any plan or document which has been made public for the purpose mentioned in section 33(1)(a) or 39(2)(a) or has been made available for inspection under section 33(3) or 39(5)(a) or 40(2)(a), subject (if the regulations so provide) to the payment of a reasonable charge;

(g) provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(3) Regulations under this section may extend throughout England and Wales or to specified areas only and may make different provision for different cases.

(4) Subject to the previous provisions of this Chapter and to any regulations under this section, the Secretary of State may give directions to any local planning authority, or to local planning authorities generally—

(a) for formulating the procedure for the carrying out of their functions under this Chapter;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Chapter.

(5) Subject to the provisions of section 287, a structure plan or local plan or any alteration, repeal or replacement of such a plan shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

54 Meaning of “development plan” outside Greater London and the metropolitan counties

(1) Subject to subsection (4), for the purposes of this Act and any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980, 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—

(a) the provisions of the structure plan for the time being in force for that area or the relevant part of that area, together with the Secretary of State’s notice of approval of the plan;

(b) any alterations to that plan, together with the Secretary of State’s notices of approval of them;

(c) any provisions of a local plan for the time being applicable to the district, together with a copy of the authority’s resolution of adoption or, as the case may be, the Secretary of State’s notice of approval of the local plan; and

(d) any alterations to that local plan, together with a copy of the authority’s resolutions of adoption or, as the case may be, the Secretary of State’s notices of approval of them.

(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).

(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.