Town and Country Planning Act 1990

33Publicity in connection with proposals for alteration or replacement of structure plans

(1)When preparing proposals for the alteration or repeal and replacement of a structure plan for their area and before finally determining their content for submission to the Secretary of State, the local planning authority shall take such steps as will in their opinion secure—

(a)that adequate publicity is given in their area to the matters which they propose to include in the proposals and to the proposed content of the explanatory memorandum relating to each such matter;

(b)that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

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

(2)The authority shall consider any representations made to them within the prescribed period.

(3)Not later than the submission of proposals to the Secretary of State, the local planning authority shall make copies of the proposals as submitted to the Secretary of State and of the explanatory memorandum available for inspection at their office and at such other places as may be prescribed.

(4)Each copy of the proposals and of the explanatory memorandum shall be accompanied by a statement of the time within which objections to the proposals may be made to the Secretary of State.

(5)Proposals submitted by the local planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a)of the steps which the authority have taken to comply with subsections (1) and (2); and

(b)of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.

(6)If after considering the statement submitted with, and the matters included in, the proposals and any other information provided by the local planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the proposals.

(7)If the Secretary of State is not satisfied as mentioned in subsection (6), he shall return the proposals to the authority and direct them—

(a)to take such further action as he may specify in order better to achieve those purposes; and

(b)after doing so, to resubmit the proposals with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

(8)Where the Secretary of State returns the proposals to the local planning authority under subsection (7), he shall—

(a)inform the authority of his reasons for doing so, and

(b)if any person has made an objection to the proposals to him, also inform that person that he has returned the proposals.

(9)A local planning authority who are given directions under subsection (7) shall immediately withdraw the copies of the proposals made available for inspection as required by subsection (3).

(10)Subsections (3) to (9) shall apply, with the necessary modifications, in relation to proposals resubmitted to the Secretary of State in accordance with directions given under subsection (7) as they apply in relation to the proposals as originally submitted.