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Town and Country Planning Act 1990

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Town and Country Planning Act 1990, SCHEDULE 2 is up to date with all changes known to be in force on or before 02 December 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Sections 28 and 54.

SCHEDULE 2E+W Development Plans: Transitional Provisions

F1F1Part IE+W The Metropolitan Counties

Textual Amendments

F1Sch. 2 Pts. 1, 2, 3 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 17, Sch. 9 (with s. 111)

Modifications etc. (not altering text)

C1Sch. 2 Pt. I applied (with modifications) (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(a)

Publicity in connection with local planE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pending proposals by metropolitan county councilE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4[Part IAE+W Wales

Textual Amendments

Continuation of structure, local and old development plansE+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

Revocation of structure planE+W

2(1) Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan for the whole or part of the area of a local planning authority in Wales (“ the relevant whole or part area ”), he may by order— E+W

(a)wholly or partly revoke an existing plan which is a structure plan in respect of the plan area, to the extent that it is comprised in the relevant whole or part area or any part of it; and

(b)make such consequential amendments to that existing plan as appear to him to be necessary or expedient.

(2)Before making an order under this paragraph, the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

Incorporation of current policy in unitary development planE+W

3(1)This paragraph applies where—E+W

(a)a unitary development plan is being prepared for the area of a local planning authority in Wales;

(b)the local planning authority preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy;

(c)one or more local plans is or, as the case may be, are together in force throughout the policy area; and

(d)a local inquiry or other hearing is held for the purpose of considering any objection to the plan.

(2)The person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(b);

(b)the policy so identified is an existing policy; and

(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of any plan mentioned in sub-paragraph (1)(c).

(3)In this paragraph—

  • existing policy ” means a policy the substance of which (however expressed) was contained in the local plan or local plans mentioned in sub-paragraph (1)(c);

  • policy ” includes a proposal; and

  • policy area ” means so much of the area of the local planning authority to which the policy concerned relates.

Meaning of ”local plan”E+W

4E+W In this Part of this Schedule, “ local plan ” includes—

(a)a minerals local plan;

(b)a waste local plan;

(c) a local plan adopted or approved before the commencement of Part I of Schedule 4 to the M4 Planning and Compensation Act 1991 or under Part III of that Schedule. ]

Marginal Citations

F5F5Part IIE+W Greater London

Textual Amendments

F5Sch. 2 Pts. 1, 2, 3 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 17, Sch. 9 (with s. 111)

Surveys and local plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Incorporation of current local plan in unitary development planE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity in connection with local planE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20F20Part IIIE+W Old Development Plans

Textual Amendments

F20Sch. 2 Pts. 1, 2, 3 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 17, Sch. 9 (with s. 111)

Modifications etc. (not altering text)

C2Sch. 2 Pt. III applied (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(b)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(b)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(b)

Development plans for compensation purposesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discontinuance of old development plan on adoption of local planE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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