F9F9Part II
C1Chapter I Unitary Development Plans: Metropolitan Areas including London
Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)
Preparation and adoption of unitary development plans
12 Preparation of unitary development plan.
F101
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 unitary development plan.
2
A unitary development plan shall comprise two parts.
3
Part I of a unitary development plan shall consist of a written statement formulating the authority’s general policies in respect of the development and F1use of land in their area.
C2C33A
The policies shall, subject to subsection (3B), 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.
3B
Regulations under this section may prescribe the aspects of such development and use with which the general policies in Part I of a unitary development plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.
F23C
In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force.
4
Part II of a unitary development plan shall consist of—
a
b
a map showing those proposals on a geographical basis;
c
a reasoned justification of the general policies in Part I of the plan and of the proposals in Part II of it; and
d
such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies in Part I of the plan or the proposals in Part II of it as the authority think appropriate or as may be prescribed.
5
A unitary development plan shall also contain such other matters as may be prescribed or as the Secretary of State may in any particular case direct.
F46
In formulating the general policies in Part I of a unitary development plan the authority shall have regard to—
a
any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;
b
current national policies;
c
the resources likely to be available; and
d
such other matters as the Secretary of State may prescribe or, in a particular case, direct.
7
The proposals in Part II of a unitary development plan shall be in general conformity with Part I F5and, in the case of a London borough council, with the spatial development strategy.
F67A
In formulating their proposals in Part II of a unitary development 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.
8
Part II of a unitary development 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) and if an area is so designated that Part of the plan shall contain a description of the treatment proposed by the authority.
9
In preparing a unitary development plan the authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the M1Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.
F710
Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.
F811
Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.
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)