Town and Country Planning Act 1990

43 Adoption of proposals

(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Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.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.