Town and Country Planning Act 1990

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.