Town and Country Planning Act 1990

Local plans

36Local plans

(1)A local plan shall consist of—

(a)a written statement formulating in such detail as the local planning authority think appropriate their proposals for the development and other use of land in their area, or for any description of development or other use of such land, including such measures as the authority think fit for the improvement of the physical environment and the management of traffic;

(b)a map showing those proposals; and

(c)such diagrams, illustrations or other descriptive matter as the authority think appropriate to explain or illustrate the proposals in the plan, or as may be prescribed.

(2)Different local plans may be prepared for different purposes for the same area.

(3)In formulating their proposals in a local plan the local planning authority shall have regard to any information and any other considerations which appear to them to be relevant or which may be prescribed or which the Secretary of State may in any particular case direct them to take into account.

(4)A local planning authority may prepare a local plan for a part of their area (an “action area”) which they have selected for the commencement during a prescribed period of comprehensive treatment, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one method and partly by another.

(5)A local plan prepared for an action area shall indicate the nature of the treatment selected for the area.

(6)For the purpose of discharging their functions with respect to local plans a district planning authority may, in so far as it appears to them necessary to do so having regard to any survey made by the county planning authority under section 6 of the 1971 Act or section 30, examine the matters mentioned in subsections (1) and (2) of section 30 so far as relevant to their area.

(7)In preparing a local plan a local planning authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

37Local plan schemes

(1)A local plan scheme for each county shall be maintained in accordance with this section setting out a programme for the making, alteration, repeal or replacement of local plans for areas in the county, except any part of the county included in a National Park.

(2)The scheme shall, as regards each local plan for which it provides—

(a)specify the title and nature of the plan and the area to which it is to apply and give an indication of its scope,

(b)indicate where appropriate its relationship with the other local plans provided for by the scheme, and

(c)designate the local planning authority, whether county or district, responsible for the plan;

and may contain any appropriate incidental, consequential, transitional and supplementary provisions.

(3)The district planning authorities shall keep under review the need for, and adequacy of, local plans for their area and may make recommendations to the county planning authority for incorporation into the local plan scheme.

(4)The county planning authority shall, in the light of the recommendations of the district planning authorities and in consultation with those authorities, make and then keep under review and from time to time amend the local plan scheme.

(5)As soon as practicable after making or amending a local plan scheme the county planning authority shall send a copy of the scheme, or the scheme as amended, to the Secretary of State.

(6)If a district planning authority make representations to the Secretary of State that they are dissatisfied with a local plan scheme, the Secretary of State may amend the scheme.

(7)A local planning authority may prepare proposals for the making, alteration, repeal or replacement of a local plan—

(a)in any case, except in the case of proposals relating only to land in a National Park, only where authorised to do so by the local plan scheme, and

(b)in the case of proposals for the alteration, repeal or replacement of a local plan approved by the Secretary of State, only with the consent of the Secretary of State;

but subject to any direction of the Secretary of State under section 38.

38Power of Secretary of State to direct making of local plan, etc

(1)The Secretary of State may, after consulting a local planning authority, direct them to make, alter, repeal or replace a local plan with respect to their area or part of it.

(2)A direction for the making, alteration or replacement of a local plan shall specify the nature of the plan or, as the case may be, the nature of the alteration required.

(3)The authority shall comply with the direction as soon as possible.

(4)The county planning authority shall make such amendments of the relevant local plan scheme as appear to them appropriate in consequence of the direction.

39Publicity and consultation: general

(1)A local planning authority who propose to make, alter, repeal or replace a local plan shall proceed in accordance with this section, unless section 40 applies.

(2)They shall take such steps as will in their opinion secure—

(a)that adequate publicity is given to the proposals in the area to which the plan relates;

(b)that persons who may be expected to wish to make representations about the proposals are made aware that they are entitled to do so; and

(c)that such persons are given an adequate opportunity of making such representations.

(3)They shall consider any representations made to them within the prescribed period.

(4)They shall—

(a)consult the county planning authority or, as the case may be, the district planning authority with respect to their proposals;

(b)give that authority a reasonable opportunity to express their views; and

(c)take those views into consideration.

(5)They shall then, having prepared the relevant documents, that is, the proposed plan, alterations, instrument of repeal or replacement plan, as the case may be, and having obtained any certificate required by section 46—

(a)make copies of the documents available for inspection at their office,

(b)send a copy of them to the Secretary of State, and

(c)send a copy of them to the district or county planning authority, as the case may require.

(6)Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which objections may be made.

40Publicity and consultation: short procedure for certain alterations, etc

(1)Where a local planning authority propose to alter, repeal or replace a local plan and it appears to them that the issues involved are not of sufficient importance to warrant the full procedure set out in section 39, they may proceed instead in accordance with this section.

(2)They shall prepare the relevant documents, that is, the proposed alterations, instrument of repeal or replacement plan, as the case may be, and, having obtained any certificate required by section 46, shall—

(a)make copies of the documents available for inspection at their office,

(b)send a copy of them to the Secretary of State, and

(c)send a copy of them to the county or district planning authority, as the case may require.

(3)Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which representations or objections may be made.

(4)They shall then take such steps as may be prescribed for the purpose of—

(a)advertising the fact that the documents are available for inspection and the places and times at which, and period during which, they may be inspected, and

(b)inviting the making of representations or objections in accordance with regulations.

(5)They shall consider any representations made to them within the prescribed period.

41Powers 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.

42Objections: local inquiry or other hearing

(1)The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering objections to their proposals for the making, alteration, repeal or replacement of a local plan.

(2)They shall hold such a local inquiry or other hearing in the case of objections made in accordance with regulations unless all the persons who have made such 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 [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.

(6)The [1971 c. 62.] 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.

43Adoption of proposals

(1)After the expiry of the period given for making objections to proposals for the making, alteration, repeal or replacement of a local plan or, if such objections were duly made within that period, after considering the objections so made, the local planning authority may, subject to this section and to section 44, by resolution adopt the proposals.

(2)They may adopt the proposals as originally prepared or as modified so as to take account of—

(a)any such objections as are mentioned in subsection (1) or any other objections to the proposals, or

(b)any other considerations which appear to the authority 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 consider modifying 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.

44Calling in of proposals for approval by Secretary of State

(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 shall be submitted to him for his approval.

(2)If he does give such a direction—

(a)the authority shall not take any further steps for the adoption of the proposals and in particular shall not hold or proceed with a local inquiry or other hearing in respect of the proposals under section 42; and

(b)the proposals shall not have effect unless approved by the Secretary of State and shall not require adoption by the authority.

(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.

45Approval of proposals by Secretary of State

(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 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).