F1F1Part 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)
Conformity between plans
F246 Conformity between plans.
1
An authority responsible for a local plan shall not make copies available as mentioned in section 40(2) unless—
a
they have served on the authority responsible for the structure plan in their area a copy of the plan or the proposals; and
b
such period as may be prescribed has elapsed since they served the copy of the plan or proposals.
2
Where a local planning authority have been served with a copy as mentioned in subsection (1) they shall, before the end of any period prescribed for the purposes of that subsection, supply the authority responsible for the local plan with—
a
a statement that the plan or the proposals are in general conformity with the structure plan; or
b
a statement that the plan or the proposals are not in such conformity.
3
A statement that a plan or proposals are not in such conformity shall specify the respects in which the plan or proposals are not in such conformity.
4
Any such statement shall be treated for the purposes of this Chapter as an objection made in accordance with the regulations.
5
Nothing in this section requires an authority to serve a copy on or supply a statement to themselves.
6
Where—
a
a local planning authority propose to make, alter or replace a local plan;
b
copies of proposals for the alteration or replacement of the structure plan for their area have been made available for inspection under section 33(2); and
c
the authority mentioned in paragraph (a) include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,
the permitted assumption shall, subject to subsection (9), be made for all purposes (including in particular any question as to conformity between plans).
7
In this section “the permitted assumption” means the assumption that—
a
the proposals mentioned in subsection (6)(b); or
b
if any proposed modifications to those proposals are published in accordance with regulations made under section 53, the proposals as so modified,
have been adopted.
8
For the purposes of subsection (6)(c) a copy is a relevant copy of a plan or proposals if it is—
a
served under subsection (1)(a); or
b
made available or sent under section 40(2).
9
The permitted assumption shall not be made at any time after the authority mentioned in subsection (6)(a) know that the proposals mentioned in subsection (6)(b) have been withdrawn.
10
The provisions of a local plan prevail for all purposes over any conflicting provisions in the relevant structure plan unless the local plan is one—
a
stated under section 35C not to be in general conformity with the structure plan; and
b
neither altered nor replaced after the statement was supplied.
11
The Secretary of State may make regulations with respect to cases where—
a
provisions in a structure plan or a local plan conflict with provisions in—
i
a minerals local plan; or
ii
a waste local plan;
b
a structure plan and a local plan are made by the same authority and the provisions of the two plans conflict.
12
Subsection (5) of section 35C applies for the purposes of this section as it applies for the purposes of that.
47 Alteration of structure plan.
1
Where proposals for the alteration or replacement of a structure plan have been prepared and submitted to the Secretary of State, a local planning authority proposing to make, alter, repeal or replace a local plan may apply to him for a direction under subsection (2).
2
On such an application the Secretary of State may direct that it shall be assumed for the purpose of the making, alteration, repeal or replacement of the local plan that the structure plan proposals have been approved by him, subject to such modifications as may from time to time be proposed by him and notified to the county planning authority.
3
Such a direction ceases to have effect if the Secretary of State rejects the proposals for the alteration or replacement of the structure plan.
4
Before giving such a direction the Secretary of State shall consult—
a
in the case of an application by a county planning authority, any district planning authority whose area is affected by the relevant local plan proposals;
b
in the case of an application by a district planning authority, the county planning authority.
5
A county planning authority shall, on the approval of proposals for the alteration or replacement of a structure plan, consider whether the local plans for areas affected conform generally to the structure plan as altered or, as the case may be, to the new plan.
6
Within the period of one month from the date on which the county planning authority receive notice of the Secretary of State’s approval of the proposals, they shall send—
a
to the Secretary of State, and
b
to every district planning authority responsible for such a local plan,
lists of the local plans so affected which, in their opinion, do and do not so conform.
48 Local plan to prevail in cases of conflict with structure plan.
1
Where there is a conflict between any of the provisions of a local plan in force for an area and the provisions of the relevant structure plan, the provisions of the local plan shall be taken to prevail for all purposes.
2
Where the structure plan is altered or replaced and the local plan is specified in a list under section 47(6) as a plan which does not conform to the structure plan as altered or replaced, subsection (1) does not apply until a proposal for the alteration of the local plan, or for its repeal and replacement, has been adopted or approved by the Secretary of State and the alteration, or replacement plan, has come into force.
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)