Town and Country Planning Act 1990
1990 c. 8
An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.
[24th May 1990]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) In a non-metropolitan county—
(a) the council of a county is the county planning authority for the county, and
(b) the council of a district is the district planning authority for the district,
and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.
(1A) Subsection (1) does not apply in relation to Wales.
(1B) In Wales—
(a) the local planning authority for a county is the county council; and
(b) the local planning authority for a county borough is the county borough council.
(2) The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. But, in the case of a London borough, see also sections 2A to 2E (Mayor of London).
(3) In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) . . . all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.
(4) In this Act “mineral planning authority” means—
(a) in respect of a site in a non-metropolitan county, the county planning authority; and
(b) in respect of a site in a metropolitan district or London borough, the local planning authority.
(4A) Subsection (4) does not apply in relation to Wales.
(4B) As to any site in Wales, the local planning authority is also the mineral planning authority.
(5) This section has effect subject to any express provision to the contrary in the planning Acts and, in particular—
(a) this section has effect subject to sections 4Ato8A of this Act . . .; and
(b) subsections (1) to (2) have effect subject to sections 2 and 9; and
(c) subsection (3) has effect subject to . . . Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them) and Part 1A of Schedule 7A (Biodiversity Gain in England: Local Planning Authority).
(6) The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to . . . Schedule 1A.
(1) If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order—
(a) constitute those areas or parts as a united district for the purposes of this Act; and
(b) constitute a joint board . . . as the county planning authority or, as the case may be, the district planning authority for that united district.
(1A) Subsection (1) does not apply in relation to Wales.
(1B) If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—
(a) constitute those areas or parts as a united district for the purposes of this Act; and
(b) constitute a joint board as the local planning authority for that united district.
(1C) A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.
(1D) The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.
(2) The Secretary of State shall not make an order under subsection (1) or (1B) except after holding a local inquiry unless all the councils concerned have consented to the making of the order.
(3) Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority—
(a) in relation to the board, shall be construed as references to that district; and
(b) in relation to any local planning authority being the council of a county or county borough or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county or county borough or district as is not so included.
(4) A joint planning board constituted by an order under subsection (1) or (1B) shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.
(5) A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.
(6) An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—
(a) may, without prejudice to the provisions of section 241 of the Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;
(b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;
(c) may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and
(d) may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.
(6A) Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.
(6B) The provisions referred to in subsection (6A) above are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.
(7) This section shall have effect subject to sections 5 to 9 of this Act . . ..
2A The Mayor of London: applications of potential strategic importance
(1) Where an application to which this section applies is made to a local planning authority—
(a) for planning permission or permission in principle (see section 70), or
(b) for planning permission without complying with conditions subject to which a previous planning permission was granted (see section 73),
the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application.
(1A) Subsection (1) does not apply if the local planning authority is a Mayoral development corporation.
(1B) Where this section applies to an application for planning permission or permission in principle made to the Secretary of State under section 62A, the Mayor of London may direct—
(a) that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and
(b) that the Mayor of London is to be the local planning authority for the purposes of determining the application.
(2) The circumstances in which, and the conditions subject to which, the Mayor may give a direction under subsection (1) or (1B) may be prescribed by, or by directions given under, an order under this section.
(3) This section applies to an application if—
(a) the land to which the application relates is in Greater London (but is not in an area of Greater London prescribed by an order under this section), and
(b) the application is an application of potential strategic importance.
(4) For the purposes of this section “application of potential strategic importance” is to be construed in accordance with an order under this section.
(5) So far as the context requires, in relation to—
(a) the determination of an application by virtue of this section, or
(b) the determination of a connected application by virtue of section 2B,
any reference in an enactment to a local planning authority or a hazardous substances authority includes a reference to the Mayor of London.
This subsection is subject to any provision made by an order under this section by virtue of section 2D(2).
(6) An order under this section—
(a) may make different provision for different cases or different areas;
(aa) may prescribe matters by reference to the spatial development strategy, or a local plan, document which is or forms part of a minerals and waste plan or supplementary plan (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time;
(b) may make provision for exceptions or exclusions.
(7) Sections 2B to 2D and 2F contain provisions supplementing this section.
(1) In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State.
(2) A direction under section 2A must include the Mayor of London's reasons for giving it.
(3) If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State.
(4) Subsection (5) applies where the Mayor of London—
(a) gives a direction under section 2A in the case of any application, and
(b) considers that an application falling within subsection (6) (the “connected application”) is connected with that application.
(5) Where this subsection applies, the Mayor of London is to be—
(a) the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or
(b) the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)).
(6) The applications are—
(a) an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,
(b) an application for conservation area consent under that Act,
(c) an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.
(7) In subsection (6)—
(a) the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and
(b) the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If the Mayor of London has—
(a) given a direction under section 2A in relation to an application (“the original application”), and
(b) granted outline planning permission,
he may, on an application for subsequent approval of reserved matters, direct that the application is to be decided by the local planning authority to whom the original application was made or to whom the original application would have been made had it not been made to the Secretary of State under section 62A.
(2) “Outline planning permission” has the meaning given by section 92(1).
(3) If the Mayor of London has—
(a) granted an application for listed building consent which is a connected application for the purposes of section 2B, and
(b) imposed conditions requiring specified details to be approved subsequently,
he may, on an application for subsequent approval, direct that the application is to be decided by the local planning authority to whom the connected application was made.
2D Further provision about orders under section 2A
(1) An order under section 2A may make provision—
(a) in relation to applications to which section 2A applies,
(b) in relation to applications which are connected applications by virtue of section 2B,
(c) in relation to the procedures to be followed for or in connection with applications mentioned in paragraph (a) or (b),
(d) otherwise for the purpose of implementing or supplementing section 2A, 2B or 2C.
(2) The provision which may be made by virtue of subsection (1) includes the application of any enactment (with or without modification) in relation to cases where, by virtue of section 2A or 2B or an order under section 2A, the Mayor of London exercises a function that would otherwise have been exercisable by another body or person.
(3) Such provision may include, in particular, provision for the Mayor of London to exercise functions in relation to enforcement (instead of, or as well as, a local planning authority).
2E Section 2A and planning obligations under section 106
(1) This section applies where the Mayor of London has given a direction under section 2A in relation to a planning application.
(2) Where this section applies, the function of agreeing a planning obligation related to the application is a function of the Mayor of London instead of a function of the local planning authority.
(3) In this section “planning obligation” means a planning obligation under section 106.
(4) The Mayor of London must consult the local planning authority before agreeing any planning obligation by virtue of this section.
(5) Any planning obligation entered into in relation to the application—
(a) is enforceable by the Mayor of London, and
(b) is also enforceable by the local planning authority.
(1) This section applies to—
(a) an application in relation to which a direction has been given under section 2A, and
(b) an application which is a connected application for the purposes of section 2B.
(2) Before determining an application to which this section applies, the Mayor of London must give—
(a) the applicant, and
(b) the local planning authority to whom the application was made,
an opportunity to make oral representations at a hearing (“a representation hearing”).
(3) The Mayor of London must prepare and publish a document setting out—
(a) the persons, in addition to the applicant and the local planning authority, who may make oral representations at a representation hearing,
(b) the procedures to be followed at a representation hearing,
(c) arrangements for identifying information which must be agreed by persons making oral representations at a representation hearing.
(4) Each person who may make oral representations at a representation hearing must be given at least 14 days' notice of the hearing.
(5) The Secretary of State must by order make provision for Part 5A of the Local Government Act 1972 (public admission to meetings of principal councils, public access to documents, etc) to apply to—
(a) a representation hearing as it applies to a meeting of a principal council, and
(b) the Mayor of London in the conduct of a representation hearing as it applies to a principal council in the conduct of a meeting of that council.
(6) The application of Part 5A may be with such modifications as the Secretary of State considers necessary or expedient.
(1) The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 shall continue to discharge the functions mentioned in subsection (2).
(2) The joint planning committee shall—
(a) consider and advise the local planning authorities in Greater London on matters of common interest relating to the planning and development of Greater London;
(b) inform the Secretary of State of the views of those authorities concerning such matters including any such matters as to which he has requested their advice;
(c) inform the local planning authorities for areas in the vicinity of Greater London, or any body on which those authorities and the local planning authorities in Greater London are represented, of the views of the local planning authorities in Greater London concerning any matters of common interest relating to the planning and development of Greater London and those areas;
and the committee may, if it thinks fit, contribute towards the expenses of any such body as is mentioned in paragraph (c).
(3) The expenses of the joint planning committee which have been incurred with the approval of at least two-thirds of the local planning authorities in Greater London shall be defrayed by those authorities in such proportions as they may decide or, in default of a decision by them, as the Secretary of State may determine.
(4) References in this section to the local planning authorities in Greater London are to the authorities which are local planning authorities for the purposes of Part II.
(1) Where a National Park authority has been established for any area, this section, . . ., shall apply, as from such time as may be specified for the purposes of this section in the order establishing that authority, in relation to the Park for which it is the authority.
(2) Subject to subsections (4) and (5) below, the National Park authority for the Park shall be the sole local planning authority for the area of the Park and, accordingly—
(a) functions conferred by or under the planning Acts on a planning authority of any description (including the functions of a mineral planning authority under those Acts and under the Planning and Compensation Act 1991) shall, in relation to the Park, be functions of the National Park authority, and not of any other authority; and
(b) so much of the area of any other authority as is included in the Park shall be treated as excluded from any area for which that other authority is a planning authority of any description.
(3) For the purposes of subsection (2) above functions under the planning Acts which (apart from this section) are conferred—
(a) in relation to some areas on the county or district planning authorities for those areas, and
(b) in relation to other areas on the councils for those areas,
shall be treated, in relation to those other areas, as conferred on each of those councils as the local planning authority for their area.
(4) The functions of a local planning authority by virtue of sections 198 to 201, 206 to 209 and 211 to 215, so far as they are functions of a National Park authority by virtue of this section, shall be exercisable as respects any area which is or is included in an area for which there is a district council, concurrently with the National Park authority, by that council.
(5) For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (4) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.
(1) For the purposes of Chapter I of Part VIII , and sections 90A, 249, 250 , 293B to 293J and 300, and Schedule 7A and any other provision of this Act so far as it has effect for the purposes of those provisions, “local planning authority”, in relation to land in the Broads, includes the Broads Authority.
(2) For the purposes of the provisions mentioned in subsection (3) the Broads Authority shall be the sole district planning authority for the Broads.
(3) The provisions referred to in subsection (2) are Part II, sections 61E to 61Q, 62, 65, 69 to 72, 76 to 79, 91 to 95, 96A to 99, 102, 103, 106 to 106BC, 171C, 172, 173, 173A 178, 183, 184, 187A, 187B 188, 191 to 197, 211 to 214, 215, 219 to 221, 224, 294, 295, 297, 299, 299A 301, 316 and 324(1) and (7) and Schedules 4B and 4C.
(1) An order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.
(2) Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.
(3) Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the local planning authority for the zone in place of any authority who would otherwise be the local planning authority for the zone.
(4) The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).
(5) Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.
(1) Where an order is made under subsection (1) of section 149 of the Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.
(2) Where an order under subsection (3)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
(3) This section is subject to section 8A.
(1) This section applies where an order is made under section 7A(2)(a) or (4)(a) of the New Towns Act 1981 (powers to confer functions under the planning Acts) in respect of a development corporation established under section 3 of that Act.
(2) If the order is made under section 7A(2)(a), the corporation is the local planning authority for the specified area, for the specified purposes and in relation to the specified kinds of development, in place of the authority which would otherwise be the local planning authority for that area.
(3) If the order is made under section 7A(4)(a), the corporation has the functions under the specified enactments in the specified area, in place of any authority (except the Secretary of State) which would otherwise have them in that area.
(4) In this section “specified” means specified in the order.
(5) This section is subject to section 8A.
(1) Subsection (2) applies where an order under section 198(2) of the Localism Act 2011 gives effect to any decision under section 202(2) or (6) of that Act as a result of which a Mayoral development corporation is for any area to be the local planning authority for the purposes of Part 3 of this Act.
(2) The Mayoral development corporation is the local planning authority for that area for those purposes in place of any authority who would otherwise be the local planning authority for that area for those purposes.
(3) Subsection (4) applies where an order under section 198(2) of that Act gives effect to any decision under section 202(3) or (6) of that Act as a result of which a Mayoral development corporation is for any area to have the functions referred to in section 202(3) of that Act.
(4) The Mayoral development corporation has those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
(5) If an order under section 198(2) of that Act is amended to give effect to a decision under section 204(2) of that Act that limits the effect of a decision under section 202 of that Act, subsection (2) or (4), or each of them, applies accordingly.
(6) This section is subject to section 8A.
(1) Where an order is made under subsection (1) of section 67 of the Housing Act 1988 (housing action trust as planning authority), the housing action trust specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.
(2) Where an order under subsection (3)(a) of that section confers any functions on a housing action trust in relation to any area the trust shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
(1) Where a designation order under section 13 of the Housing and Regeneration Act 2008 power to make designation orders) makes such provision as is mentioned in section 14(2) of that Act (Agency as local planning authority), the Homes and Communities Agency shall be the local planning authority for such area as may be specified in the order in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Power to make consequential and supplementary provision about authorities.
(1) Regulations under this Act may make such provision consequential upon or supplementary to the provisions of sections 1 and 2 as appears to the Secretary of State to be necessary or expedient.
(2) The provision consequential upon or supplementary to section 2 that may be made by the Welsh Ministers under this section includes provision amending or otherwise modifying—
(a) any enactment contained in, or made under, the planning Acts or the Planning and Compulsory Purchase Act 2004;
(b) any other enactment relating to functions exercisable by or in relation to local planning authorities;
(c) any other enactment relating to functions exercisable by local authorities of any description in connection with the development of land.
10 Application of Chapter I to Greater London and metropolitan counties.
This Chapter applies, subject to section 28, to the area of any local planning authority in Greater London or a metropolitan county (other than any area in such a county which is part of a National Park).
10A Application of Chapter I in relation to Wales.
(1) This Chapter also applies to the area of any local planning authority in Wales.
(2) Subsections (3) and (4) apply where the area of a local planning authority in Wales includes—
(a) the whole or any part of an area prescribed under section 23B(2) in relation to a National Park, and
(b) other land.
(3) The provisions of this Chapter apply separately in relation to—
(a) the Park area or, if there is more than one, each Park area, and
(b) the remaining area.
(4) Any reference in any of the following sections of this Chapter to the area of the local planning authority (including any reference which falls to be so construed) shall be construed—
(a) in its application in relation to any Park area, as a reference to that Park area, and
(b) in its application in relation to the remaining area, as a reference to that area.
(5) In this section—
“the Park area”, in relation to a National Park, means the part of the local planning authority’s area which is within the area prescribed under section 23B(2) in relation to that Park or, where there is more than one such part, those parts taken as a whole;
“the remaining area” means the part of the local planning authority’s area which is not within the area so prescribed in relation to any National Park.
(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, institute a survey or surveys of their area or any part of their area for examining those matters.
(2) Without prejudice to the generality of subsection (1), the matters to be kept under review or 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 paragraphs (a), (b) and (c) which may be expected to affect any matters mentioned in them;
(e) such other matters as may be prescribed or as the Secretary of State may in a particular case direct;
(f) any changes already projected in any of the matters mentioned in any of paragraphs (a) to (e) and the effect which those changes are likely to have on the development of that area or the planning of such development.
(3) A local planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.
(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 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 use of land in their area.
(3A) 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.
(3C) 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) a written statement formulating in such detail as the authority think appropriate (and so as to be readily distinguishable from the other contents of the plan) their proposals for the development and . . . use of land in their area . . . ;
(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.
(6) 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 and, in the case of a London borough council, with the spatial development strategy.
(7A) 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 Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.
(10) 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.
(11) 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.
(1) The Secretary of State may direct that a unitary development plan—
(a) shall not be prepared; or
(b) shall not 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 unitary development plan shall not be prepared in relation to the area of an urban development corporation.
(1) When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall—
(a) comply with—
(i) any requirements imposed by regulations made under section 26; 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.
(1A) Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy.
(2) Where the local planning authority have prepared a unitary development plan, before adopting it they shall—
(a) make copies of it available for inspection at such places as may be prescribed by those regulations;
(b) send a copy 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 26 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.
(5A) If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations.
(6) A unitary development plan shall not be adopted by the authority under section 15 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.
(1) A unitary development plan may be withdrawn by the local planning authority at any time before it is adopted by the authority or approved by the Secretary of State and shall be withdrawn by the authority if the Secretary of State so directs.
(2) Where a unitary development plan is withdrawn the authority shall—
(a) withdraw the copies made available for inspection and sent to the Secretary of State under section 13(2); and
(b) give notice that the plan has been withdrawn to every person who has made an objection to it.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where a unitary development plan is withdrawn the copies of the plan shall be treated as never having been made available under section 13(2).
15 Adoption of unitary development plan by local planning authority.
(1) Subject to the following provisions of this section and sections 17 and 18, the local planning authority may by resolution adopt the unitary development plan, 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.
(2) A unitary development plan shall not be adopted unless Part II of the plan is in general conformity with Part I.
(2A) A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subject to the following provisions of this Chapter and to section 287, a unitary development plan for an area in England shall become operative on the date on which it is adopted.
(1) Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.
(1A) 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.
(1B) The 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.
(2) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this section as they apply to an inquiry under that section.
(3) The Tribunals and Inquiries Act 1992shall 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 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 planning authority.
(4) Regulations made for the purposes of this section may—
(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this section, including 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;
(b) make provision with respect to the remuneration and allowances of a person appointed for that purpose.
(5) 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.
(1) After a copy of a unitary development plan has been sent to the Secretary of State under section 13(2) and before it is adopted by the local planning authority, the Secretary of State may, if it appears to him that the plan is unsatisfactory, direct the authority to modify the proposals in such respects as are indicated in the direction.
(2) An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.
18 Calling in of unitary development plan for approval by Secretary of State.
(1) After a copy of a unitary development plan has been sent to the Secretary of State under section 13(2) and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval.
(2) If such a direction is given—
(a) the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and
(b) the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the previous provisions of this Chapter.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (2)(a) applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under section 16; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority need not give any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under section 20 or which the Secretary of State states that he has considered in making his decision.
19 Approval of unitary development plan by Secretary of State.
(1) Subject to section 20, the Secretary of State may after considering a plan or part of a plan submitted to him under section 18(1) either approve it (in whole or in part and with or without modifications or reservations) or reject it.
(2) In considering a plan or part of a plan submitted to him under that section the Secretary of State may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the plan or that part of it.
(3) The Secretary of State shall give a local planning authority such statement as he considers appropriate of the reasons governing his decision on any plan or part of a plan submitted to him.
(4) Where the whole or part of Part I of a unitary development plan is approved by the Secretary of State with modifications, the local planning authority shall, before adopting the remainder of the plan, make such modifications in Part II as may be directed by the Secretary of State for bringing it into general conformity with Part I and, in the absence of any such direction, shall make such modifications for that purpose in Part II as appear to the authority to be required.
(5) Subject to section 287, a plan or part of a plan which is approved by the Secretary of State under this section shall become operative on such day as he may appoint.
20 Local inquiry, public examination and consultation by Secretary of State.
(1) Before deciding whether or not to approve a plan or part of a plan submitted to him under section 18(1), the Secretary of State shall consider any objection to it so far as made in accordance with the regulations..
(2) Where the whole or part of Part II of a unitary development plan is submitted to the Secretary of State under section 18(1) (whether or not the whole or part of Part I is also submitted), then, if any objections have been made to the plan or the relevant part of it as mentioned in subsection (1), before deciding whether to approve it he shall cause a local inquiry or other hearing to be held for the purpose of considering those objections.
(3) The Secretary of State need not under subsection (1) consider any objections which have already been considered by the local planning authority and need not cause a local inquiry or other hearing to be held under subsection (2) if that authority have already held a local inquiry or other hearing into the objections under section 16 or the Secretary of State, on taking the plan or the relevant part of it into consideration, decides to reject it.
(4) Where the whole or part of Part I of a unitary development plan (but not the whole or any part of Part II) is submitted to the Secretary of State under section 18(1) he may cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting the Secretary of State’s consideration of the part of the plan submitted to him as he considers ought to be so examined.
(5) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination under subsection (4).
(6) The Secretary of State shall not be required to secure to any local planning authority or other person a right to be heard at an examination under subsection (4), and the bodies and persons who may take part shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so; but the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part if it appears to him or them desirable to do so.
(7) An examination under subsection (4) shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1992 but shall not constitute such an inquiry for any other purpose of that Act.
(8) On considering a plan or part of a plan submitted to him under section 18(1) the Secretary of State may consult with or consider the views of any local planning authority or other person but he need not do so except as provided by this section.
21 Alteration or replacement of unitary development plan.
(1) A local planning authority may at any time prepare proposals—
(a) for alterations to the unitary development plan for their area; or
(b) for its replacement.
(1A) 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 unitary development plan as he directs; or
(b) its replacement.
(1B) An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.
(2) . . .Sections 12 to 20 (other than subsection (1) of section 12) shall apply in relation to the making of proposals under this section and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under section 12 and to a plan prepared under that section.
(3) As soon as practicable after—
(a) an order has been made under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone); or
(b) a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),
the local planning authority for an area in which the zone is wholly or partly situated shall review any unitary development plan for that area in the light of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this section for any consequential alterations to the plan which they consider necessary.
21A “Greater London: conformity with spatial development strategy.
(1) Where—
(a) a local planning authority in Greater London propose to make, alter or replace a unitary development plan;
(b) copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 335(2) of the Greater London Authority Act 1999; and
(c) the local planning authority 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 (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy).
(2) In this section “the permitted assumption” means the assumption that—
(a) the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or
(b) if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 343 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified,
have become operative under section 337(9) of that Act.
(3) For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority.
(4) The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn. ”
(1) A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the previous provisions of this Chapter shall, in relation to any such joint plan or proposals, have effect subject to the following provisions of this section.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by subsection (2) of section 13 of making copies of the plan available for inspection.
(6) Objections to such a plan may be made to any of those authorities and the statement required by subsection (3) of section 13 to accompany copies of the plan shall state that objections may be so made.
(7) It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.
(8) Where a unitary development plan has been prepared jointly, the power of preparing proposals in respect of the plan under section 21 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 prepare proposals as respects their respective areas.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.
(1) A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Wales for their areas if—
(a) each of those areas adjoins each of the others; or
(b) the Secretary of State has given his approval.
(2) Subsection (1) does not apply in relation to a joint plan for any area which consists of or includes a National Park.
(3) The previous provisions of this Chapter shall, in relation to any joint plan or proposals of a kind mentioned in subsection (1), have effect subject to the following provisions of this section.
(4) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed under section 13(2) of making copies of the plan available for inspection.
(5) Objections to such a plan may be made to any of those authorities and the statement required by section 13(3) to accompany copies of the plan shall state that objections may be so made.
(6) It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and, subject to the provisions of this Chapter, they may do so as respects the part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.
(7) Where a unitary development plan has been prepared jointly, the power of preparing proposals in respect of the plan under section 21 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 prepare proposals as respects their respective areas.
(8) The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.
23B Unitary development plans for National Parks in Wales.
(1) A unitary development plan shall be prepared for each National Park in Wales.
(2) A Welsh National Park development plan shall relate to an area prescribed in relation to the National Park in question by order made by the Secretary of State.
(3) The prescribed area in relation to a National Park which falls wholly within, but does not comprise the whole of, the area of a single local planning authority shall be—
(a) where the local planning authority have so elected, the whole of the area of the local planning authority; and
(b) in any other case—
(i) the whole of the area of the National Park; or
(ii) a composite area.
(4) The prescribed area in relation to any other Welsh National Park shall be—
(a) the whole of the area of the National Park; or
(b) a composite area.
(5) For the purposes of this section and section 23C, “composite area”, in relation to a National Park, means an area which consists of the whole of the Park together with any one or more other areas in Wales.
(6) The Secretary of State shall not under subsection (2) prescribe an area which is a composite area except with the consent of every local planning authority in whose area the prescribed area or any part of it would fall.
(7) Any order made by the Secretary of State under subsection (2) may make such saving or transitional provision as he considers appropriate.
(8) Where, by an order under subsection (2), the Secretary of State prescribes a composite area which comprises or includes part only of the area of a local planning authority, the provisions of this Chapter shall apply in relation to—
(a) the Welsh National Park development plan in question, or
(b) any proposals for its alteration or replacement,
subject to such modifications, if any, as may be prescribed by the order.
(9) Subsections (3) and (4) of section 10A do not apply for the purposes of—
(a) subsection (3) or (8) of this section, or
(b) section 23C(1), (2) or (4).
(10) For the purposes of this Act, “Welsh National Park development plan” means a unitary development plan prepared for a National Park in Wales.
23C Joint unitary development plans for National Parks in Wales.
(1) A Welsh National Park development plan for a National Park which neither coincides with nor falls wholly within the area of a single local planning authority shall be a joint unitary development plan.
(2) A Welsh National Park development plan for any other National Park shall be a joint unitary development plan if it relates to a composite area unless the composite area coincides with or falls wholly within the area of a single local planning authority.
(3) Any Welsh National Park development plan which is required to be a joint plan shall be prepared by the authorities who will be the appropriate authorities in relation to the plan.
(4) For the purposes of this section, an authority are an appropriate authority in relation to a joint plan if—
(a) they are a local planning authority; and
(b) their area or any part of their area falls within the area to which the plan relates.
(5) Any proposals prepared under section 21 for the alteration or replacement of a joint plan of a kind mentioned in subsection (1) or (2) shall be joint proposals prepared by the appropriate authorities in relation to that plan, and any direction given by the Secretary of State under that section in relation to that plan shall be given jointly to those authorities.
(6) Subsections (3) to (6) and (8) of section 23A apply in relation to any joint plan or proposals of a kind mentioned in subsection (1), (2) or (5) as they apply in relation to any joint plan or proposals of a kind mentioned in section 23A(1).