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Town and Country Planning Act 1990

Status:

This is the original version (as it was originally enacted).

3(1)Until the coming into force of Chapter I of Part II of this Act in the area of a local planning authority in a metropolitan county section 30 and the provisions of Chapter II of that Part relating to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are metropolitan district councils and section 54(5) shall apply in relation to that area, but subject to the following provisions of this paragraph.

(2)In respect of the matters referred to in sub-paragraph (1) the following provisions (which relate to county planning authorities) do not apply to metropolitan district councils, namely, sections 37, 38(4), 39(4) and (5)(c), 40(2)(c), 46(2) to (6), 47, 48(2) and 50(7).

(3)A metropolitan district council may at any time—

(a)make proposals for the preparation of a local plan or the alteration, repeal or replacement of a local plan adopted by them or adopted by the metropolitan county council and in force in the area of that authority on 1st April 1986;

(b)with the consent of the Secretary of State, make proposals for the alteration, repeal or replacement of a local plan approved by him.

(4)On the coming into force in any area of Chapter I of Part II of this Act, any local plan or proposal for the alteration, repeal or replacement of a local plan which—

(a)has been prepared by a metropolitan district council (or by such a council jointly with one or more other such councils); but

(b)has not been adopted or approved,

shall be treated as having been abandoned by that council or those councils.

(5)Paragraph 1 shall apply to plans which are prepared or altered in pursuance of this paragraph as it applies to those there mentioned.

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