Town and Country Planning Act 1990

F1 F1 Part II E+W

Textual Amendments

F1 Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for.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)

Chapter I E+W Unitary Development Plans: Metropolitan Areas including London

Modifications etc. (not altering text)

C1 Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)

Preliminary E+W

10 Application of Chapter I to Greater London and metropolitan counties. E+W

[F2 10A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surveys etc. E+W

11 Survey of planning areas. E+W

(1) The local planning authority—

(a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b) may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.

(2) Without prejudice to the generality of subsection (1), the matters to be kept under review or examined under that subsection shall include—

(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b) the size, composition and distribution of the population of that area (whether resident or otherwise);

(c) without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d) any considerations not mentioned in paragraphs (a), (b) and (c) which may be expected to affect any matters mentioned in them;

(e) such other matters as may be prescribed or as the Secretary of State may in a particular case direct;

(f) any changes already projected in any of the matters mentioned in any of paragraphs (a) to (e) and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3) A local planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.

Preparation and adoption of unitary development plans E+W

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[F12 12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Secretary of State’s powers concerning plans E+W

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Alteration of plans E+W

21 Alteration or replacement of unitary development plan. E+W

[F32 [F33 (1) A local planning authority may at any time prepare proposals—

(a) for alterations to the unitary development plan for their area; or

(b) for its replacement.

(1A) If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a) such alterations to the unitary development plan as he directs; or

(b) its replacement.

(1B) An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.]

(2) F34 . . .Sections 12 to 20 (other than subsection (1) of section 12) shall apply in relation to the making of proposals under this section and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under section 12 and to a plan prepared under that section.

(3) As soon as practicable after—

(a) an order has been made under paragraph 5 of Schedule 32 to the M5 Local Government, Planning and Land Act 1980 (designation of enterprise zone); or

(b) a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),

the local planning authority for an area in which the zone is wholly or partly situated shall review any unitary development plan for that area in the light of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this section for any consequential alterations to the plan which they consider necessary.]

Textual Amendments

F32 S. 21 ceased to have effect (W.) (30.4.2005) by virtue of The Planning and Compulsory Purchase Act 2004 (Commencement No. 3 and Consequential and Transitional Provisions) (Wales) Order 2005 (S.I. 2005/1229), art. 3(b) (with art. 4) (which savings were revoked in part by S.I. 2005/2722, arts. 4, 5(2), Sch. (as amended by S.I. 2006/842, art. 2))

F33 S. 21(1)-(1B) substituted for s. 21(1) (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 12(1)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F34 Words in s. 21(2) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 12(2)(with s. 84(1)); S.I. 1991/2728, art. 2 and repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84, Sch. 4 Pt. I para. 12(2), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

Marginal Citations

M5 1980 c. 65.

F35 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36 Greater London: conformity with spatial development strategy] E+W

[F37 21A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint plans E+W

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[F42 23A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 23B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45 23C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary E+W

24 Disregard of certain representations. E+W

Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority shall be required to consider representations or objections with respect to a unitary development plan or any proposals for the alteration or replacement of such a plan if it appears to the Secretary of State or, as the case may be, the authority that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the M6 Highways Act 1980;

(b) an order or scheme under any provision replaced by the provisions mentioned in paragraph (a), namely, an order or scheme under section 7, 9, 11, 13 or 20 of the M7 Highways Act 1959, section 3 of the M8 Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the M9 Highways Act 1971; or

(c) an order under section 1 of the M10 New Towns Act 1981.

25 Default powers. E+W

(1) Where, by virtue of any of the previous provisions of this Chapter, any unitary development plan or proposals for the alteration or replacement of such a plan are required to be prepared, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a) if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a plan or proposals within a reasonable period; or

(b) in a case where a period is specified for the preparation or adoption of any such plan or proposals, if no such plan or proposals have been prepared or adopted by the local planning authority within that period,

the Secretary of State may prepare and make the plan or any part of it or, as the case may be, alter or replace it, as he thinks fit.

(2) The previous provisions of this Chapter shall, so far as practicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State and the thing so done.

(3) The authority mentioned in subsection (1) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions.

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27 Meaning of “development plan” in Greater London and metropolitan counties. E+W

For the purposes of this Act and any other enactment relating to town and country planning, the M11 Land Compensation Act 1961 and the M12 Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a) the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority’s resolution of adoption or the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b) any alteration to that plan, together with a copy of the authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

Modifications etc. (not altering text)

C6 S. 27 modified (1.5.1994) by S.I. 1994/1210, art. 7(1)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1863, art. 4(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1867, art. 13(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1875, art. 5(5)(a)

C7 S. 27: functions of local authority not to be sole responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C8 S. 27 restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 para. 4(3) (with arts. 12, 13, Sch. 12)

Marginal Citations

M11 1961 c. 33.

M12 1980 c. 66.

[F51 27A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Commencement of Chapter I: transitional provisions. E+W

(1) Subject to subsection (2), the provisions of this Chapter shall come into force in the area of any local planning authority in Greater London or a metropolitan county (other than any area in that county which is part of a National Park) on such day as may be appointed in relation to that area by an order made by the Secretary of State.

(2) Subsection (1) does not apply in any area in relation to which an order has been made before the commencement of this Act under section 4(1) of the M13 Local Government Act 1985 (commencement of Part I of Schedule 1 to that Act) and in any such area the provisions of this Chapter shall come into force at the commencement of this Act or, if later, on the day appointed by the order.

(3) Until a unitary development plan becomes operative under this Chapter for such an area as is mentioned in subsection (1) (or where parts of such a plan become operative on different dates until every part has become operative)—

(a) if it is the area of a local planning authority in a metropolitan county, Part I of Schedule 2 (which provides for existing plans to continue in force and applies some of the provisions of Chapter II) shall apply in relation to it;

(b) if it is the area of a local planning authority in Greater London, Part II of that Schedule (which makes similar provision) shall apply in relation to it; and

(c) Part III of that Schedule shall apply in relation to it for the purpose of making continuing provision for the transitional matters for which provision was made immediately before the commencement of this Act by Schedule 7 to the 1971 Act (old development plans etc.).

(4) The power to make orders under this section may be exercised so as to make different provision for different cases, including different provision for different areas.

[F52 28A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II E+W Structure and Local Plans: Non-Metropolitan Areas

Preliminary E+W

[F53 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surveys, etc. E+W

30 Survey of planning areas. E+W

(1) The local planning authority—

(a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b) may, if they think fit, at any time institute a fresh survey of their area examining those matters.

(2) Without prejudice to the generality of subsection (1), the matters to be kept under review and examined under that subsection shall include—

(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b) the size, composition and distribution of the population of that area (whether resident or otherwise);

(c) without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d) any considerations not mentioned in paragraph (a), (b) or (c) which may be expected to affect any matters so mentioned;

(e) such other matters as may be prescribed or as the Secretary of State may in any particular case direct;

(f) any changes already projected in any of the matters mentioned in any of the previous paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3) A survey under subsection (1)(b) may relate to only part of the area of an authority; and references in subsection (2) to the area of an authority or any neighbouring areas shall be construed accordingly.

(4) A local planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the area of another such authority, consult with that other authority about those matters.

Structure plans E+W

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[F55 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F60 35B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F63 Local plans E+W

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41 Powers of Secretary of State to secure adequate publicity and consultation. E+W

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Conformity between plans E+W

[F81 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Alteration of structure plan. E+W

48 Local plan to prevail in cases of conflict with structure plan. E+W

Supplementary E+W

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[F98 51A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F109 Chapter III E+W General]

[F110 54A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .