F1F1Part II
Chapter I Unitary Development Plans: Metropolitan Areas including London
10 Application of Chapter I to Greater London and metropolitan counties.
This Chapter applies, subject to section 28, to the area of any local planning authority in Greater London or a metropolitan county (other than any area in such a county which is part of a National Park).
F210A Application of Chapter I in relation to Wales.
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Surveys etc.
11 Survey of planning areas.
(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.
12 Preparation of unitary development plan.
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F1212A Urban development corporations.
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F1313 Public participation.
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14 Withdrawal of unitary development plan.
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15 Adoption of unitary development plan by local planning authority.
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16 Local inquiries.
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Secretary of State’s powers concerning plans
17 Direction to reconsider proposals.
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18 Calling in of unitary development plan for approval by Secretary of State.
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19 Approval of unitary development plan by Secretary of State.
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20 Local inquiry, public examination and consultation by Secretary of State.
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Alteration of plans
21 Alteration or replacement of unitary development plan.
F32F33(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 M5Local 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.
F3522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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F3721A “Greater London: conformity with spatial development strategy.
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23 Joint unitary development plans.
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F4223A Joint unitary development plans: Wales.
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F4323B Unitary development plans for National Parks in Wales.
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F4523C Joint unitary development plans for National Parks in Wales.
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Supplementary
24 Disregard of certain representations.
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 M6Highways 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 M7Highways Act 1959, section 3 of the M8Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the M9Highways Act 1971; or
(c)
an order under section 1 of the M10New Towns Act 1981.
25 Default powers.
(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.
26 Regulations and directions.
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27 Meaning of “development plan” in Greater London and metropolitan counties.
For the purposes of this Act and any other enactment relating to town and country planning, the M11Land Compensation Act 1961 and the M12Highways 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.
F5127A Meaning of “development plan” in relation to Wales.
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28 Commencement of Chapter I: transitional provisions.
(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 M13Local 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.
F5228A Application of Chapter I in relation to Wales: transitional provisions.
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Chapter II Structure and Local Plans: Non-Metropolitan Areas
Preliminary
F5329 Application of Chapter II to non-metropolitan areas in England.
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Surveys, etc.
30 Survey of planning areas.
(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.
31 Structure plans: continuity, form and content.
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F5532Alteration and replacement of structure plans.
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33F56Public participation.
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34F57Withdrawal of proposals for alteration and replacement of structure plans.
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35F58Adoption of proposals.
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35AF59Calling in of proposals for approval by Secretary of State.
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F6035B Examination in public.
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35CF62Duties to notify authorities responsible for local plans
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36F64Local plans.
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37F65Minerals local plans.
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38F66 Waste policies.
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39F68Alteration and replacement of local plans.
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40F69Public participation.
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41 Powers of Secretary of State to secure adequate publicity and consultation.
(1)
The documents sent by the local planning authority to the Secretary of State under section 39 shall be accompanied by a statement—
(a)
of the steps which the authority have taken to comply with subsections (2) and (3) of that section, and
(b)
of the authority’s consultations with other persons and their consideration of the views of those persons.
(2)
The documents sent by the local planning authority to the Secretary of State under section 40 shall be accompanied by a statement of the steps which the authority are taking to comply with subsections (4) and (5) of that section.
(3)
If, on considering the statement and the proposals and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority, he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of the proposals without—
(a)
if they have proceeded in accordance with section 40, proceeding instead in accordance with section 39, or
(b)
in any case, taking such further steps as he may specify,
and satisfying him that they have done so.
(4)
A local planning authority who are given directions by the Secretary of State shall—
(a)
immediately withdraw the copies of the documents made available for inspection as required by section 39(5) or 40(2), and
(b)
notify any person by whom objections to the proposals have been made to the authority that the Secretary of State has given such directions.
42 Objections: local inquiry or other hearing.
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43 Adoption of proposals.
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44 Calling in of proposals for approval by Secretary of State.
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45 Approval of proposals by Secretary of State.
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F8146 Conformity between plans.
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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.
49 Disregarding of representations with respect to development authorised by or under other enactments.
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50 Joint structure and local plans.
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51 Default powers.
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F9851AUrban development corporations.
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52 Reviews of plans in enterprise zones.
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53 Supplementary provisions as to structure and local plans.
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54 Meaning of “development plan” outside Greater London and the metropolitan counties.
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F11054A Status of development plans.
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