Town and Country Planning Act 1990

F1 Local plans E+W

Textual Amendments

F1 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

36 F2 Local plans. E+W

(1) The local planning authority shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a local plan.

(2) A local plan shall contain a written statement formulating the authority’s detailed policies for the development and use of land in their area.

(3) The policies shall include policies in respect of—

(a) the conservation of the natural beauty and amenity of the land;

(b) the improvement of the physical environment; and

(c) the management of traffic.

(4) A local plan shall be in general conformity with the structure plan.

(5) A local plan shall not contain—

(a) any policies in respect of the winning and working of minerals or the depositing of mineral waste, unless it is a plan for a National Park;

(b) any policies in respect of the depositing of refuse or waste materials other than mineral waste, unless it is a plan for a National Park or for an area where such depositing is not a county matter for the purposes of Schedule 1.

(6) A local plan shall also contain—

(a) a map illustrating each of the detailed policies; and

(b) such diagrams, illustrations or other descriptive or explanatory matter in respect of the policies as may be prescribed,

and may contain such descriptive or explanatory matter as the authority think appropriate.

(7) A local plan may designate any part of the authority’s area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method).

(8) If an area is so designated the plan shall contain a description of the treatment proposed by the authority.

(9) In formulating their detailed policies, the authority shall have regard to—

(a) such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct; and

(b) the provisions of any scheme under paragraph 3 of Schedule 32 to the M1 Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

(10) Subject to the following provisions of this Chapter and section 287, a local plan shall become operative on the date on which it is adopted.

(11) For the purposes of this section “policies” includes proposals.

Textual Amendments

F2 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C1 S. 36(3) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)(2)

C2 S. 36(3) modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 37 (as amended by S.I. 2009/2438, reg. 5)

C3 S. 36(5) excluded (1.4.1996) by S.I. 1995/187, art. 6(2)(a)

S. 36(5) excluded (1.4.1996) by S.I. 1995/493, art. 15(2)(a)

S. 36(5) excluded (1.4.1996) by S.I. 1995/610, art. 14(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1769, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1770, art. 9(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1771, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1772, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1773, art. 7(2)(a)(3)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1774, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1775, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1776, art. 7(2)(a)

S. 36(5) excluded (1.4.1997) by S.I. 1995/1779, art. 9(2)(a)(3)

S. 36(5) excluded (1.4.1997) by S.I. 1996/507, art. 7(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1865, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1866, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1868, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1875, art. 5(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1876, art. 7(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1878, art. 7(2)(a)

S. 36(5) excluded (1.4.1998) by S.I. 1996/1879, art. 5(2)(a)

Marginal Citations

M1 1980 c. 65.

37 F3 Minerals local plans. E+W

(1) A mineral planning authority for an area other than a National Park shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a minerals local plan.

(2) A minerals local plan shall contain a written statement formulating the authority’s detailed policies for their area in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.

(3) The local planning authority for a National Park shall, within such period (if any) as the Secretary of State may direct—

(a) prepare for their area a plan to be known as a minerals local plan; or

(b) include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.

(4) In formulating the policies in a minerals local plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(5) Subsections (4), (6), (10) and (11) of section 36 apply with respect to minerals local plans as they apply with respect to local plans.

(6) The following provisions of this Chapter apply with respect to minerals local plans as they apply with respect to local plans, but as if references to a local planning authority were, in relation to an area other than a National Park, references to a mineral planning authority.

Textual Amendments

F3 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

Modifications etc. (not altering text)

C4 S. 37(1) modified (1.4.1996) by S.I. 1995/187, art. 6(2)(b)

S. 37(1) modified (1.4.1996) by S.I. 1995/493, art. 15(2)(b)

S. 37(1) modified (1.4.1996) by S.I. 1995/610, art. 14(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1769, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1770, art. 9(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1771, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1772, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1773, art. 7(2)(b)(3)

S. 37(1) modified (1.4.1997) by S.I. 1995/1774, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1775, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1776, art. 7(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1995/1779, art. 9(2)(b)

S. 37(1) modified (1.4.1997) by S.I. 1996/507, art. 7(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1865, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1866, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1868, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1875, art. 5(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1876, art. 7(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1878, art. 7(2)(b)

S. 37(1) modified (1.4.1998) by S.I. 1996/1879, art. 5(2)(b)

38 F4 Waste policies. E+W

F5 (1) In this section —

• “waste policies” means detailed policies in respect of development which involves the depositing of refuse or waste materials other than mineral waste; and

• “waste local plan” means a plan containing waste policies.

(2) A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—

(a) prepare a waste local plan for their area; or

(b) include their waste policies in their minerals local plan.

(3) A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—

(a) for a National Park;

(b) for an area where waste policies are not a county matter for the purposes of Schedule 1.

(4) A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—

(a) prepare a waste local plan for their area; or

(b) include their waste policies in—

(i) their minerals local plan; or

(ii) their local plan.

(5) In formulating their waste policies, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(6) Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.

(7) The following provisions of this Chapter apply with respect to waste local plans as they apply with respect to local plans, but as if references to a local planning authority were references to the authority who are entitled to prepare a waste local plan.

Textual Amendments

F4 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F5 S. 38(1) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(3)

Modifications etc. (not altering text)

C5 S. 38(2) modified (1.4.1996) by S.I. 1995/187, art. 6(2)(c)

S. 38(2) modified (1.4.1996) by S.I. 1995/493, art. 15(2)(c)

S. 38(2) modified (1.4.1996) by S.I. 1995/610, art. 14(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1769, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1770, art. 9(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1771, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1772, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1773, art. 7(2)(c)(3)

S. 38(2) modified (1.4.1997) by S.I. 1995/1774, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1775, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1776, art. 7(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1995/1779, art. 9(2)(c)

S. 38(2) modified (1.4.1997) by S.I. 1996/507, art. 7(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1865, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1866, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1868, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1875, art. 5(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1876, art. 7(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1878, art. 7(2)(c)

S. 38(2) modified (1.4.1998) by S.I. 1996/1879, art. 5(2)(c)

39 F6 Alteration and replacement of local plans. E+W

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

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

(b) for its replacement.

(2) A local planning authority shall—

(a) consider whether they need to prepare such proposals, if they have been supplied with a statement under section 35C that the local plan is not in general conformity with the structure plan; and

(b) prepare such proposals, if they are directed to do so by the Secretary of State, within such period (if any) as he may direct.

(3) An authority shall not, without the consent of the Secretary of State, prepare such proposals if the plan or any part of it has been approved by the Secretary of State.

(4) Proposals for the alteration of a local plan may relate to the whole or part of the area to which the plan relates.

(5) Subject to the following provisions of this Chapter and section 287, proposals for the alteration or replacement of a local plan shall become operative on the date on which they are adopted.

Textual Amendments

F6 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

40 F7 Public participation. E+W

(1) When preparing a local plan for their area or proposals for its alteration or replacement and before finally determining the contents of the plan or the proposals the local planning authority shall—

(a) comply with—

(i) any requirements imposed by regulations made under section 53; and

(ii) any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b) consider any representations made in accordance with those regulations.

(2) Subject to section 46(1), where the authority have prepared a local plan or proposals for its alteration or replacement they shall—

(a) make copies of the relevant documents available for inspection at such places as may be prescribed by those regulations;

(b) send a copy of the relevant documents to the Secretary of State; and

(c) comply with any requirements imposed by those regulations.

(3) In subsection (2) “the relevant documents” means—

(a) the plan or the proposals; and

(b) any statement supplied under section 46(2).

(4) Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(5) In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a) in accordance with regulations made under that section; and

(b) within the prescribed period.

(6) The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(7) A local plan or proposals for its alteration or replacement shall not be adopted by the authority under section 43 until—

(a) after they have considered any objections made in accordance with the regulations; or

(b) if no such objections are made, after the expiry of the prescribed period.

Textual Amendments

F7 Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 Objections: local inquiry or other hearing. E+W

[F8 (1) Where any objections have been made, in accordance with the regulations, to proposals for a local plan or for its alteration or replacement copies of which have been made available for inspection under section 40(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(2) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(2A) No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.]

(3) A local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(4) Regulations may—

(a) make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;

(b) include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(c) make provision with respect to the remuneration and allowances of the person appointed.

(5) Subsections (2) and (3) of section 250 of the M2 Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.

(6) The M3 Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

Textual Amendments

F8 S. 42(1)-(2A) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for s. 42(1)(2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para.18; S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

Marginal Citations

M2 1972 c. 70.

M3 1971 c. 62.

43 Adoption of proposals. E+W

[F9 (1) Subject to the following provisions of this section and section 44, the local planning authority may by resolution adopt proposals for a local plan or for its alteration or replacement, either as originally prepared or as modified so as to take account of—

(a) any objections to the plan; or

(b) any other considerations which appear to them to be material.]

(3) The authority shall not adopt any proposals which do not conform generally to the structure plan.

(4) After copies of the proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may, if it appears to him that the proposals are unsatisfactory, direct the authority to [F10 modify]the proposals in such respects as are indicated in the direction.

(5) An authority to whom a direction is given shall not adopt the proposals unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

(6) Where an objection to the proposals has been made by the Minister of Agriculture, Fisheries and Food and the local planning authority do not propose to modify their proposals to take account of the objection—

(a) the authority shall send particulars of the objection to the Secretary of State, together with a statement of their reasons for not modifying their proposals to take account of it, and

(b) they shall not adopt the proposals unless the Secretary of State authorises them to do so.

Textual Amendments

F9 S. 43(1)(2) substituted for s. 43(1) (25.11.1991 for certain purposes and otherwise 10.2.1992) by 1992 c. 34, s. 27, Sch. 4 Pt. I para. 19(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F10 Word in s. 43(4) substituted (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. 19(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

44 Calling in of proposals for approval by Secretary of State. E+W

(1) After copies of proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may direct that the proposals [F11 or any part of them] shall be submitted to him for his approval.

[F12 (2) If he gives such a direction—

(a) the authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and

(b) the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 43.]

(3) Where particulars of an objection made by the Minister of Agriculture, Fisheries and Food have been sent to the Secretary of State under section 43(6), then, unless the Secretary of State is satisfied that that Minister no longer objects to the proposals, he shall give a direction in respect of the proposals under this section.

Textual Amendments

F11 Words in s. 44(1) inserted (25.11.1991 for certain purposes and otherwise 10.2.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 20(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

F12 S. 44(2) substituted (25.11.1991 for certain purposes and otherwise 10.2.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 20(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

45 Approval of proposals by Secretary of State. E+W

(1) The Secretary of State may after considering proposals submitted to him under section 44 either approve them (in whole or in part and with or without modifications or reservations) or reject them.

(2) In considering the proposals he may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted.

(3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them, he shall before determining whether or not to approve them—

(a) consider any objections to them made in accordance with [F13 the] regulations,

(b) give any person who made such an objection which has not been withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose, and

(c) if a local inquiry or other hearing is held, also give such an opportunity to the authority and such other persons as he thinks fit,

except so far as the objections have already been considered, or a local inquiry or other hearing into the objections has already been held, by the authority.

(4) In considering the proposals the Secretary of State may consult with or consider the views of any local planning authority or any other person; but he need not do so, or give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, except as provided by subsection (3).

[F14 (5) Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.]

Textual Amendments

F13 Word in s. 45(3)(a) inserted (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 21(1) (with s. 84(5)); S.I. 1991/2728, art. 2, S.I. 1991/2905, art. 4

F14 S. 45(5) inserted (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. 21(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4