F28F28Part II
C1Chapter II Structure and Local Plans: Non-Metropolitan Areas
Pt. II Chapter II (ss. 29-54): certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 3 (with arts. 4(b), 5(2), Sch. Pt. II)
Pt. II Ch. II (ss. 29-54): applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 13(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. II Ch. II (ss. 29-54): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(b)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 6)
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, F1. . .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 M1Highways 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 M2Highways Act 1959, section 3 of the M3Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the M4Highways Act 1971);
c
an order under section 1 of the M5New Towns Act 1981.
C250 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 F2. . . 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.
F32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
Where two or more local planning authorities jointly prepare proposals for the alteration or F6. . . 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 [F7(2)] of that section.
6
Where two or more local planning authorities jointly prepare proposals for the making, alteration, F8. . . or replacement of a local plan—
a
F9. . . they each have the duty imposed by section F1040(2). . .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 F1040(4). . . 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) F11. . ., but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.
F127
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, F13. . .or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, F13. . ., and the Secretary of State may under section F1439 direct any of them to make proposals as respects their respective areas.
F159
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.
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, F16. . .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, F16. . . 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.
51AF17Urban development corporations.
1
The Secretary of State may direct—
a
that a structure plan shall not operate; or
b
that a local plan shall not be prepared or operate,
in relation to the area of an urban development corporation.
2
The Secretary of State may direct that proposals for the alteration or replacement of a structure plan or a local plan shall not be prepared in relation to the area of an urban development corporation.
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 M6Local 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) F18any local planning authority for an area in which the enterprise zone is wholly or partly situated shall consider whether they need, in the light of the provisions in the scheme or modified scheme, to prepare proposals for the alteration or replacement of any structure or local plan in relation to which they have power to prepare such proposals.
F192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F20. . .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, F20. . . 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;
F21cc
make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;
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 F22in compliance with the regulations or available for inspection under section 33(2) or 40(2), subject (if the regulations so provide) to the payment of a reasonable charge;
F23ff
make provision for steps taken in compliance with the regulations in respect of a plan or proposal which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent plan or proposal;
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, F24. . . 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.
F255
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C354 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 M7Land Compensation Act 1961 and the M8Highways 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—
F26a
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
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.
Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)