F57F57Part II
C1Chapter II Structure and Local Plans: Non-Metropolitan Areas
Pt. II Chapter II (ss. 29-54): certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 3 (with arts. 4(b), 5(2), Sch. Pt. II)
Pt. II Ch. II (ss. 29-54): applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 13(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. II Ch. II (ss. 29-54): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(b)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 6)
Preliminary
29F1 Application of Chapter II to non-metropolitan areas in England.
1
This Chapter applies only to—
a
the area of any local planning authority in England outside Greater London and the metropolitan counties; and
b
any part of a National Park in a metropolitan county in England.
2
Subsection (1) is subject to the transitional provisions in—
a
Schedule 2; and
b
Part III of Schedule 5 to the Local Government (Wales) Act 1994.
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.
Structure plans
31 Structure plans: continuity, form and content.
1
Each structure plan approved by the Secretary of State under the 1971 Act with respect to the area of a local planning authority which is in operation immediately before the commencement of this Act shall continue in force after its commencement (subject to any alterations then in operation and to the following provisions of this Part).
C2F22
A structure plan shall contain a written statement formulating the authority’s general policies in respect of the development and use of land in their area.
C2C93
The policies shall, subject to subsection (4), 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.
4
Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.
5
A structure plan shall also contain —
a
such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and
b
such other matters as the Secretary of State may, in any particular case, direct.
6
In formulating their general policies 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
Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area.
8
The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b).
9
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.
10
For the purposes of this section, except subsection (6)(b), “policies” includes proposals.
32F3Alteration and replacement of structure plans.
1
A local planning authority may at any time prepare proposals—
a
for alterations to the structure plan for their area; or
b
for its replacement.
2
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 structure plan as he directs; or
b
its replacement.
3
An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a structure plan if the plan or any part of it has been approved by the Secretary of State under section 35A.
4
Proposals for the alteration of a structure plan may relate to the whole or part of the area to which the plan relates.
5
Proposals prepared under this section shall be accompanied by an explanatory memorandum.
6
The explanatory memorandum shall state—
a
the reasons which in the opinion of the authority justify each of their proposals;
b
any information on which the proposals are based;
c
the relationship of the proposals to general policies for the development and use of land in neighbouring areas which may be expected to affect the area to which the proposals relate,
and may contain such illustrative material as the authority think appropriate.
7
Proposals for the alteration or replacement of a structure plan shall not become operative unless they are—
a
adopted by the authority (under section 35); or
b
approved by the Secretary of State (under section 35A).
33F4Public participation.
1
When preparing proposals for the alteration or replacement of a structure plan for their area and before finally determining their contents the local planning authority shall—
a
comply with—
i
any requirements imposed by regulations made under section 53; and
ii
any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and
b
consider any representations made in accordance with those regulations.
2
Where the authority have prepared proposals for the alteration or replacement of a structure plan they shall—
a
make copies of the proposals and the explanatory memorandum available for inspection at such places as may be prescribed by those regulations;
b
send a copy of the proposals and the explanatory memorandum to the Secretary of State; and
c
comply with any requirements imposed by those regulations.
3
Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.
4
In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—
a
in accordance with regulations made under that section; and
b
within the prescribed period.
5
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
6
The proposals shall not be adopted by the authority under section 35 until—
a
after they have considered any objections made in accordance with the regulations; or
b
if no such objections are made, after the expiry of the prescribed period.
34F5Withdrawal of proposals for alteration and replacement of structure plans.
1
Proposals for the alteration or replacement of a structure plan may be withdrawn by the local planning authority at any time before they have adopted them or the Secretary of State has approved them.
2
On the withdrawal of such proposals, the authority shall—
a
withdraw the copies made available for inspection in accordance with section 33(2); and
b
give notice that the proposals have been withdrawn to every person who has made an objection to them.
35F6Adoption of proposals.
1
Subject to subsection (3) and sections 35A and 35B, the local planning authority may by resolution adopt proposals for the alteration or replacement of a structure plan, either as originally prepared or as modified so as to take account of—
a
any objections to the proposals; or
b
any other considerations which appear to them to be material.
2
If it appears to the Secretary of State that the proposals are unsatisfactory he may, at any time before the local planning authority have adopted the proposals, direct the authority to modify the proposals in such respects as are indicated in the direction.
3
An authority to whom such a direction is given shall not adopt the proposals unless—
a
they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction; or
b
the direction is withdrawn.
4
Subject to the following provisions of this Chapter and to section 287, proposals for the alteration or replacement of a structure plan shall become operative on the date on which they are adopted.
35AF7Calling in of proposals for approval by Secretary of State.
1
The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.
2
If he gives such a direction—
a
the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and
b
the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.
3
Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).
4
The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—
a
approve them, in whole or in part and with or without modifications or reservations; or
b
reject them.
5
In considering proposals so submitted to him the Secretary of State—
a
shall take into account any objections made in accordance with the regulations; and
b
may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.
6
For the purpose of taking into account any objection or matter, the Secretary of State may, but need not, consult with any local planning authority or other person.
7
The Secretary of State shall give the authority such statement as he considers appropriate of the reasons governing his decision on any proposals submitted to him.
8
Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.
F835B Examination in public.
1
Before adopting proposals for the alteration or replacement of a structure plan, the local planning authority shall, unless the Secretary of State otherwise directs, cause an examination in public to be held of such matters affecting the consideration of the proposals as—
a
they consider ought to be so examined; or
b
the Secretary of State directs.
2
Where proposals are submitted to the Secretary of State in compliance with a direction under section 35A(1), he may cause an examination in public to be held of any matter specified by him.
3
An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.
4
No person shall have a right to be heard at an examination in public.
5
The following may take part in an examination in public—
a
in the case of an examination held under subsection (1), the local planning authority; and
b
in any case, any person invited to do so by the person or persons holding the examination or the person causing the examination to be held.
6
The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination in public.
7
An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M1Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.
F98
Without prejudice to section 303A(8) and (9), regulations may make provision with respect to the remuneration and allowances of any person or persons appointed by the Secretary of State to conduct an examination in public under this section.
35CF10Duties to notify authorities responsible for local plans
1
An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are adopted or approved—
a
notify any authority responsible for a local plan in their area that the proposals have been adopted or approved; and
b
supply that authority with a statement that the local plan is or, as the case may be, is not in general conformity with the altered or new structure plan.
2
A statement that a local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.
3
An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are withdrawn, notify any authority responsible for a local plan in their area that the proposals have been withdrawn.
4
Nothing in this section requires an authority to notify or supply a statement to themselves.
5
For the purposes of this section an authority shall be regarded as responsible—
a
for a structure plan, if they are entitled to prepare proposals for its alteration or replacement; and
b
for a local plan, if they are under a duty to prepare a local plan or are entitled to prepare proposals for its alteration or replacement.
F11Local plans
Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4
36F12Local plans.
1
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 local plan.
2
A local plan shall contain a written statement formulating the authority’s detailed policies for the development and use of land in their area.
C3C103
The policies shall 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.
4
A local plan shall be in general conformity with the structure plan.
C45
A local plan shall not contain—
a
any policies in respect of the winning and working of minerals or the depositing of mineral waste, unless it is a plan for a National Park;
b
any policies in respect of the depositing of refuse or waste materials other than mineral waste, unless it is a plan for a National Park or for an area where such depositing is not a county matter for the purposes of Schedule 1.
6
A local plan shall also contain—
a
a map illustrating each of the detailed policies; and
b
such diagrams, illustrations or other descriptive or explanatory matter in respect of the policies as may be prescribed,
and may contain such descriptive or explanatory matter as the authority think appropriate.
7
A local 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).
8
If an area is so designated the plan shall contain a description of the treatment proposed by the authority.
9
In formulating their detailed policies, the authority shall have regard to—
a
such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct; and
b
the provisions of any scheme under paragraph 3 of Schedule 32 to the M2Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.
10
Subject to the following provisions of this Chapter and section 287, a local plan shall become operative on the date on which it is adopted.
11
For the purposes of this section “policies” includes proposals.
37F13Minerals local plans.
C51
A mineral planning authority for an area other than a National Park shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a minerals local plan.
2
A minerals local plan shall contain a written statement formulating the authority’s detailed policies for their area in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.
3
The local planning authority for a National Park shall, within such period (if any) as the Secretary of State may direct—
a
prepare for their area a plan to be known as a minerals local plan; or
b
include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.
4
In formulating the policies in a minerals local 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.
5
Subsections (4), (6), (10) and (11) of section 36 apply with respect to minerals local plans as they apply with respect to local plans.
6
The following provisions of this Chapter apply with respect to minerals local plans as they apply with respect to local plans, but as if references to a local planning authority were, in relation to an area other than a National Park, references to a mineral planning authority.
38F14 Waste policies.
F151
In this section —
“waste policies” means detailed policies in respect of development which involves the depositing of refuse or waste materials other than mineral waste; and
“waste local plan” means a plan containing waste policies.
C62
A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—
a
prepare a waste local plan for their area; or
b
include their waste policies in their minerals local plan.
3
A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—
a
for a National Park;
b
for an area where waste policies are not a county matter for the purposes of Schedule 1.
4
A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—
a
prepare a waste local plan for their area; or
b
include their waste policies in—
i
their minerals local plan; or
ii
their local plan.
5
In formulating their waste policies, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.
6
Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.
7
The following provisions of this Chapter apply with respect to waste local plans as they apply with respect to local plans, but as if references to a local planning authority were references to the authority who are entitled to prepare a waste local plan.
39F16Alteration and replacement of local plans.
1
A local planning authority may at any time prepare proposals—
a
for alterations to the local plan for their area; or
b
for its replacement.
2
A local planning authority shall—
a
consider whether they need to prepare such proposals, if they have been supplied with a statement under section 35C that the local plan is not in general conformity with the structure plan; and
b
prepare such proposals, if they are directed to do so by the Secretary of State, within such period (if any) as he may direct.
3
An authority shall not, without the consent of the Secretary of State, prepare such proposals if the plan or any part of it has been approved by the Secretary of State.
4
Proposals for the alteration of a local plan may relate to the whole or part of the area to which the plan relates.
5
Subject to the following provisions of this Chapter and section 287, proposals for the alteration or replacement of a local plan shall become operative on the date on which they are adopted.
40F17Public participation.
1
When preparing a local plan for their area or proposals for its alteration or replacement and before finally determining the contents of the plan or the proposals the local planning authority shall—
a
comply with—
i
any requirements imposed by regulations made under section 53; and
ii
any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and
b
consider any representations made in accordance with those regulations.
2
Subject to section 46(1), where the authority have prepared a local plan or proposals for its alteration or replacement they shall—
a
make copies of the relevant documents available for inspection at such places as may be prescribed by those regulations;
b
send a copy of the relevant documents to the Secretary of State; and
c
comply with any requirements imposed by those regulations.
3
In subsection (2) “the relevant documents” means—
a
the plan or the proposals; and
b
any statement supplied under section 46(2).
4
Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.
5
In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—
a
in accordance with regulations made under that section; and
b
within the prescribed period.
6
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
7
A local plan or proposals for its alteration or replacement shall not be adopted by the authority under section 43 until—
a
after they have considered any objections made in accordance with the regulations; or
b
if no such objections are made, after the expiry of the prescribed period.
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.
F181
Where any objections have been made, in accordance with the regulations, to proposals for a local plan or for its alteration or replacement copies of which have been made available for inspection under section 40(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.
2
The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.
2A
No local inquiry or other hearing need be held under this section if all persons who have made 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 M3Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.
6
The M4Tribunals and Inquiries Act F191992shall 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 F20section 10(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.
43 Adoption of proposals.
F211
Subject to the following provisions of this section and section 44, the local planning authority may by resolution adopt proposals for a local plan or for its alteration or replacement, either as originally prepared or as modified so as to take account of—
a
any objections to the plan; or
b
any other considerations which appear to them 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 F22modifythe 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
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44 Calling 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 F23or any part of them shall be submitted to him for his approval.
F242
If he gives such a direction—
a
the authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and
b
the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 43.
3
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45 Approval 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 F25the 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).
F265
Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.
Conformity between plans
F2746 Conformity between plans.
1
An authority responsible for a local plan shall not make copies available as mentioned in section 40(2) unless—
a
they have served on the authority responsible for the structure plan in their area a copy of the plan or the proposals; and
b
such period as may be prescribed has elapsed since they served the copy of the plan or proposals.
2
Where a local planning authority have been served with a copy as mentioned in subsection (1) they shall, before the end of any period prescribed for the purposes of that subsection, supply the authority responsible for the local plan with—
a
a statement that the plan or the proposals are in general conformity with the structure plan; or
b
a statement that the plan or the proposals are not in such conformity.
3
A statement that a plan or proposals are not in such conformity shall specify the respects in which the plan or proposals are not in such conformity.
4
Any such statement shall be treated for the purposes of this Chapter as an objection made in accordance with the regulations.
5
Nothing in this section requires an authority to serve a copy on or supply a statement to themselves.
6
Where—
a
a local planning authority propose to make, alter or replace a local plan;
b
copies of proposals for the alteration or replacement of the structure plan for their area have been made available for inspection under section 33(2); and
c
the authority mentioned in paragraph (a) include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,
the permitted assumption shall, subject to subsection (9), be made for all purposes (including in particular any question as to conformity between plans).
7
In this section “the permitted assumption” means the assumption that—
a
the proposals mentioned in subsection (6)(b); or
b
if any proposed modifications to those proposals are published in accordance with regulations made under section 53, the proposals as so modified,
have been adopted.
8
For the purposes of subsection (6)(c) a copy is a relevant copy of a plan or proposals if it is—
a
served under subsection (1)(a); or
b
made available or sent under section 40(2).
9
The permitted assumption shall not be made at any time after the authority mentioned in subsection (6)(a) know that the proposals mentioned in subsection (6)(b) have been withdrawn.
10
The provisions of a local plan prevail for all purposes over any conflicting provisions in the relevant structure plan unless the local plan is one—
a
stated under section 35C not to be in general conformity with the structure plan; and
b
neither altered nor replaced after the statement was supplied.
11
The Secretary of State may make regulations with respect to cases where—
a
provisions in a structure plan or a local plan conflict with provisions in—
i
a minerals local plan; or
ii
a waste local plan;
b
a structure plan and a local plan are made by the same authority and the provisions of the two plans conflict.
12
Subsection (5) of section 35C applies for the purposes of this section as it applies for the purposes of that.
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.
Supplementary
49 Disregarding of representations with respect to development authorised by or under other enactments.
Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority need consider representations or objections with respect to a local plan or any proposal to alter, F28. . .or replace a structure plan or a local 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 M5Highways Act 1980;
b
an order or scheme under any provision replaced by the provisions of the Highways Act 1980 mentioned in paragraph (a) (namely, an order or scheme under section 7, 9, 11, 13 or 20 of the M6Highways Act 1959, section 3 of the M7Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the M8Highways Act 1971);
c
an order under section 1 of the M9New Towns Act 1981.
C750 Joint structure and local plans.
1
Where a structure plan has been prepared by two or more local planning authorities jointly, the power of making proposals under section 32 for the alteration or F29. . . replacement of the plan may be exercised as respects their respective areas by any of the authorities by whom it was prepared, and the Secretary of State may under that section direct any of them to submit such proposals as respects their respective areas.
F302
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
Where two or more local planning authorities jointly prepare proposals for the alteration or F33. . . replacement of a structure plan under this section, all or any of them may withdraw them under section 34(1) and on their doing so all the authorities shall comply with subsection [F34(2)] of that section.
6
Where two or more local planning authorities jointly prepare proposals for the making, alteration, F35. . . or replacement of a local plan—
a
F36. . . they each have the duty imposed by section F3740(2). . .of making copies of the relevant documents available for inspection and objections to the proposals may be made to any of those authorities and the statement required by section F3740(4). . . to accompany the relevant documents shall state that objections may be so made;
b
it shall be for each of the local planning authorities to adopt the proposals under section 43(1) F38. . ., but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.
F397
Where a structure plan has been jointly prepared by two or more local planning authorities, the duty—
a
to notify and supply a statement under section 35C; and
b
to supply a statement under section 46,
shall apply to each of those authorities.
7A
Where a local plan, or proposals for its alteration or replacement have been jointly prepared by two or more local planning authorities—
a
the requirement to serve a copy under subsection (1) of section 46; and
b
the right to be supplied with a statement under subsection (2) of that section,
shall apply to each of those authorities.
8
Where a local plan has been made jointly, the power of making proposals for its alteration, F40. . .or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, F40. . ., and the Secretary of State may under section F4139 direct any of them to make proposals as respects their respective areas.
F429
The date of the coming into operation—
a
of proposals for the alteration or replacement of a structure plan prepared jointly by two or more local planning authorities; and
b
of a local plan or proposals for its alteration or replacement so prepared,
shall be a date jointly agreed by those authorities.
51 Default powers.
1
Where, by virtue of any of the previous provisions of this Chapter, any survey is required to be carried out, or any local plan or proposals for the alteration, F43. . .or replacement of such a plan or of a structure plan are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any local plan or any such proposals, then—
a
if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the relevant local planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt a local plan or such proposals within a reasonable period; or
b
in a case where a period is specified for the submission or adoption of a local plan or any such proposals, if no such plan or proposals have been submitted or adopted within that period,
the Secretary of State may carry out the survey or prepare and make a local plan or, as the case may be, alter, F43. . . or replace such a plan or a structure plan, as he thinks fit.
2
Where under subsection (1) the Secretary of State may do anything which should have been done by a local planning authority (“the defaulting authority”) he may, if he thinks fit, authorise any other local planning authority who appear to him to have an interest in the proper planning of the area of the defaulting authority to do it.
3
The previous provisions of this Chapter shall, so far as applicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State or an authority other than the defaulting authority and the thing so done.
4
The defaulting authority—
a
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; and
b
shall repay to any other authority who do under this section anything which should have been done by the defaulting authority any expenses certified by the Secretary of State to have been reasonably incurred by that other authority in connection with the doing of that thing.
51AF44Urban development corporations.
1
The Secretary of State may direct—
a
that a structure plan shall not operate; or
b
that a local plan shall not be prepared or operate,
in relation to the area of an urban development corporation.
2
The Secretary of State may direct that proposals for the alteration or replacement of a structure plan or a local plan shall not be prepared in relation to the area of an urban development corporation.
52 Reviews of plans in enterprise zones.
1
As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the M10Local Government, Planning and Land Act 1980 (adoption of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme) F45any local planning authority for an area in which the enterprise zone is wholly or partly situated shall consider whether they need, in the light of the provisions in the scheme or modified scheme, to prepare proposals for the alteration or replacement of any structure or local plan in relation to which they have power to prepare such proposals.
F462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53 Supplementary provisions as to structure and local plans.
1
Without prejudice to the previous provisions of this Chapter, the Secretary of State may make regulations with respect to the form and content of structure and local plans and the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration, F47. . .and replacement.
2
In particular any such regulations may—
a
provide for publicity to be given to the report of any survey carried out by a local planning authority under section 30;
b
provide for the notice to be given of or the publicity to be given to—
i
matters included or proposed to be included in any such plan,
ii
the approval, adoption or making of any such plan or any alteration, F47. . . or replacement of it, or
iii
any other prescribed procedural step,
and for publicity to be given to the procedure to be followed as mentioned in subsection (1);
c
make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, repeal or replacement;
F48cc
make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;
d
without prejudice to paragraph (b), provide for notice to be given to particular persons of the approval, adoption or alteration of any plan, if they have objected to the plan and have notified the relevant local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;
e
require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;
f
require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request with copies of any plan or document which has been made public F49in compliance with the regulations or available for inspection under section 33(2) or 40(2), subject (if the regulations so provide) to the payment of a reasonable charge;
F50ff
make provision for steps taken in compliance with the regulations in respect of a plan or proposal which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent plan or proposal;
g
provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, F51. . . or replacing any such plan, and for copies of any such plan or document to be made available on sale.
3
Regulations under this section may extend throughout England and Wales or to specified areas only and may make different provision for different cases.
4
Subject to the previous provisions of this Chapter and to any regulations under this section, the Secretary of State may give directions to any local planning authority, or to local planning authorities generally—
a
for formulating the procedure for the carrying out of their functions under this Chapter;
b
for requiring them to give him such information as he may require for carrying out any of his functions under this Chapter.
F525
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C854 Meaning of “development plan” outside Greater London and the metropolitan counties.
1
Subject to subsection (4), 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 l980, the development plan for any district outside Greater London and the metropolitan counties (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—
F53a
the provisions of the structure plan for the time being in operation in the area;
b
any alterations to that structure plan;
c
the provisions of the local plan and any minerals local plan or waste local plan for the time being in operation in the area;
d
any alterations to that local plan or minerals local plan or waste local plan,
together with the resolutions of the authority who made or altered the plan or, as the case may be the Secretary of State’s notice of approval.
2
References in subsection (1) to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to a district forming part of the area to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the district.
3
References in subsection (1) to notices of approval shall, in relation to any plan or alteration made by the Secretary of State under section 51, be construed as references to notices of the making of the plan or alteration.
4
5
Any reference in the Land Compensation Act 1961 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.
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)