Town and Country Planning Act 1990

Joint plans E+W

23 Joint unitary development plans. E+W

(1) A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the previous provisions of this Chapter shall, in relation to any such joint plan or proposals, have effect subject to the following provisions of this section.

F1 [(2) Subsections (3) and (4) shall apply in relation to a joint unitary development plan instead of subsections (1) and (2) of section 13, and references in subsections (5) and (6) of that section and in section 14(3) to subsections (1) and (2) of section 13 and the purposes of paragraphs (a) to (c) of subsection (1) of that section shall include references to subsections (3) and (4) of this section and the purposes of paragraphs (a) to (c) of subsection (3) respectively.

(3) The local planning authorities shall jointly take such steps as will in their opinion secure—

(a) that adequate publicity is given in their areas to the matters proposed to be included in the plan;

(b) 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 such an opportunity; and

(c) that such persons are given an adequate opportunity of making such representations.

(4) The local planning authorities shall consider any representations made to them within the prescribed period.]

(5) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by subsection [F2 (2)] of section 13 of making copies of the plan available for inspection.

(6) Objections to such a plan may be made to any of those authorities and the statement required by subsection [F3 (3)] of section 13 to accompany copies of the plan shall state that objections may be so made.

(7) It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.

(8) Where a unitary development plan has been prepared jointly, the power of [F4 preparing] proposals in respect of the plan under section 21 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 [F4 prepare] proposals as respects their respective areas.

F1 [(9) In relation to any proposals made jointly under section 21, the reference in subsection (2) of that section to sections 12 to 20 shall include a reference to subsections (3) and (4) of this section.

(10) In relation to any such joint proposals—

(a) the reference in section 22(1) to section 13(1) to (4) shall include a reference to subsections (3) and (4) of this section; and

(b) the references in section 22 to the local planning authority shall be construed as references to the authorities acting jointly, except that—

(a) each of the authorities shall have the duty under subsection (2) of making copies of the relevant documents available for inspection, and

(b) representations or objections may be made to any of the authorities, and the statement required by subsection (3) of that section shall state that objections may be so made.]

(11) The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.

Textual Amendments

F1 S. 23(2)-(4)(9)(10) omitted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 14(a)(with s. 84(5)); S.I. 1991/2728, art.2

F2 Word in s. 23(5) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4) , Sch.4 Pt. I, para. 14(b) (with s. 84(5)); S.I. 1991/2728, art.2

F3 Word in s. 23(6) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I, para. 14(c) (with s. 84(5)); S.I. 1991/2728, art.2

F4 Words in s. 23(8) substituted (25.11.1991 for certain purposes and otherwiseprosp.) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. I para. 14(d) (with s. 84(5)); S.I. 1991/2728, art.2

Yn ddilys o 01/04/1996

[F5 23A Joint unitary development plans: Wales. E+W

(1) A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Wales for their areas if—

(a) each of those areas adjoins each of the others; or

(b) the Secretary of State has given his approval.

(2) Subsection (1) does not apply in relation to a joint plan for any area which consists of or includes a National Park.

(3) The previous provisions of this Chapter shall, in relation to any joint plan or proposals of a kind mentioned in subsection (1), have effect subject to the following provisions of this section.

(4) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed under section 13(2) of making copies of the plan available for inspection.

(5) Objections to such a plan may be made to any of those authorities and the statement required by section 13(3) to accompany copies of the plan shall state that objections may be so made.

(6) It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and, subject to the provisions of this Chapter, they may do so as respects the part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.

(7) Where a unitary development plan has been prepared jointly, the power of preparing proposals in respect of the plan under section 21 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 prepare proposals as respects their respective areas.

(8) The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.]

Textual Amendments

F5 Ss. 23A-23C inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 4 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Yn ddilys o 01/04/1996

F6 23B Unitary development plans for National Parks in Wales. E+W

(1) A unitary development plan shall be prepared for each National Park in Wales.

(2) A Welsh National Park development plan shall relate to an area prescribed in relation to the National Park in question by order made by the Secretary of State.

(3) The prescribed area in relation to a National Park which falls wholly within, but does not comprise the whole of, the area of a single local planning authority shall be—

(a) where the local planning authority have so elected, the whole of the area of the local planning authority; and

(b) in any other case—

(i) the whole of the area of the National Park; or

(ii) a composite area.

(4) The prescribed area in relation to any other Welsh National Park shall be—

(a) the whole of the area of the National Park; or

(b) a composite area.

(5) For the purposes of this section and section 23C, “composite area”, in relation to a National Park, means an area which consists of the whole of the Park together with any one or more other areas in Wales.

(6) The Secretary of State shall not under subsection (2) prescribe an area which is a composite area except with the consent of every local planning authority in whose area the prescribed area or any part of it would fall.

(7) Any order made by the Secretary of State under subsection (2) may make such saving or transitional provision as he considers appropriate.

(8) Where, by an order under subsection (2), the Secretary of State prescribes a composite area which comprises or includes part only of the area of a local planning authority, the provisions of this Chapter shall apply in relation to—

(a) the Welsh National Park development plan in question, or

(b) any proposals for its alteration or replacement,

subject to such modifications, if any, as may be prescribed by the order.

(9) Subsections (3) and (4) of section 10A do not apply for the purposes of—

(a) subsection (3) or (8) of this section, or

(b) section 23C(1), (2) or (4).

(10) For the purposes of this Act, “Welsh National Park development plan” means a unitary development plan prepared for a National Park in Wales.

Textual Amendments

F6 Ss. 23A-23C inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 4 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Yn ddilys o 01/04/1996

F7 23C Joint unitary development plans for National Parks in Wales. E+W

(1) A Welsh National Park development plan for a National Park which neither coincides with nor falls wholly within the area of a single local planning authority shall be a joint unitary development plan.

(2) A Welsh National Park development plan for any other National Park shall be a joint unitary development plan if it relates to a composite area unless the composite area coincides with or falls wholly within the area of a single local planning authority.

(3) Any Welsh National Park development plan which is required to be a joint plan shall be prepared by the authorities who will be the appropriate authorities in relation to the plan.

(4) For the purposes of this section, an authority are an appropriate authority in relation to a joint plan if—

(a) they are a local planning authority; and

(b) their area or any part of their area falls within the area to which the plan relates.

(5) Any proposals prepared under section 21 for the alteration or replacement of a joint plan of a kind mentioned in subsection (1) or (2) shall be joint proposals prepared by the appropriate authorities in relation to that plan, and any direction given by the Secretary of State under that section in relation to that plan shall be given jointly to those authorities.

(6) Subsections (3) to (6) and (8) of section 23A apply in relation to any joint plan or proposals of a kind mentioned in subsection (1), (2) or (5) as they apply in relation to any joint plan or proposals of a kind mentioned in section 23A(1).

Textual Amendments

F7 Ss. 23A-23C inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. I para. 4 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2