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Town and Country Planning Act 1990

Status:

This is the original version (as it was originally enacted).

1Land indicated in a structure plan in force for the district in which it is situated either—

(a)as land which may be required for the purposes—

(i)of the functions of a government department, local authority or statutory undertakers, or of the British Coal Corporation, or

(ii)of the establishment or running by a public telecommunications operator of a telecommunication system, or

(b)as land which may be included in an action area.

  • Notes

    (1)

    In this paragraph the reference to a structure plan in force includes a reference to—

    (a)

    proposals for the alteration or repeal and replacement of a structure plan which have been submitted to the Secretary of State under section 32;

    (b)

    modifications proposed to be made by the Secretary of State in any such plan or proposals, being modifications of which he has given notice in accordance with regulations under Part II.

    (2)

    Note (1) shall cease to apply when the copies of the proposals made available for inspection have been withdrawn under section 33(9) or 34 (but section 34(2) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the proposals).

    (3)

    Note (1) shall also cease to apply when—

    (a)

    the relevant proposals become operative (whether in their original form or with modifications), or

    (b)

    the Secretary of State decides to reject the proposals and notice of the decision has been given by advertisement.

    (4)

    In Note (1) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 51.

    (5)

    This paragraph does not apply to land situated in a district for which a local plan is in force, where that plan—

    (a)

    allocates any land in the district for the purposes of such functions as are mentioned in this paragraph; or

    (b)

    defines any land in the district as the site of proposed development for the purposes of any such functions.

    (6)

    This paragraph does not apply to land within paragraph 5 or 6.

    (7)

    In the application of this paragraph to Greater London the reference to a structure plan shall be construed as a reference to the Greater London Development Plan and all references to alteration and repeal and replacement shall be omitted.

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