Town and Country Planning Act 1990

[ Continuation of structure, local and old development plans E+W

1 (1) Every existing plan which relates to any part of Wales shall continue in force on and after 1st April 1996. E+W

(2) When a unitary development plan has become fully operative for the area of a local planning authority in Wales—

(a) any existing plan which is for the time being in force; and

(b) any interim plan,

shall cease to have effect in respect of its plan area to the extent that it is comprised in the area of that local planning authority.

(3) Any existing plan or interim plan shall, while it continues in force in respect of the area, or part of the area, of any local planning authority in Wales, be treated for the purposes of—

(a) this Act,

(b) any other enactment relating to town and country planning,

(c) the M1 Land Compensation Act 1961, and

(d) the M2 Highways Act 1980,

as being, or as being comprised in, the development plan in respect of that area or, as the case may be, that part of that area.

(4) Sub-paragraphs (1) to (3) have effect subject to the provisions of this Part of this Schedule and the 1994 Act transitional provisions.

(5) In this paragraph—

• “ the 1994 Act transitional provisions ” means the provisions of Part III of Schedule 5 to the Local Government (Wales) Act 1994;

• “ existing plan ” means a—

  (a)

  structure plan;

  (b)

  local plan; or

  (c)

  old development plan,

  to the extent that it was in force in respect of any area in Wales immediately before 1st April 1996 (and includes any alteration made to, or replacement of, the plan after that date under the 1994 Act transitional provisions);

• “ interim plan ” means any modified plan (within the meaning of the 1994 Act transitional provisions) which comes into force in respect of any area in Wales on or after 1st April 1996 under those provisions;

• “ old development plan ” means any plan which was in force immediately before 1st April 1996 by virtue of Schedule 7 to the M3 Town and Country Planning Act 1971 and Part III of this Schedule; and

• “ plan area ”, in relation to an existing plan or interim plan, means the area in respect of which it was in force immediately before 1st April 1996 or, as the case may be, comes into force on or after that date. ]

Marginal Citations

M1 1961 c. 33.

M2 1980 c. 66.

M3 1971 c. 78.