F15F15Part 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
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 F1. . . 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.
F22
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F23
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4
5
Where two or more local planning authorities jointly prepare proposals for the alteration or F5. . . 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 [F6(2)] of that section.
6
Where two or more local planning authorities jointly prepare proposals for the making, alteration, F7. . . or replacement of a local plan—
a
F8. . . they each have the duty imposed by section F940(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 F940(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) F10. . ., but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.
F117
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, F12. . .or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, F12. . ., and the Secretary of State may under section F1339 direct any of them to make proposals as respects their respective areas.
F149
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.
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)