Town and Country Planning Act 1932

FOURTH SCHEDULE

Section 37. PART I Matters in Relation to which Regulations shall be made and effect to be secured thereby. Paragraph 1 As to resolutions to prepare or adopt a scheme :— (i) that the area of the proposed scheme is defined by reference to a map showing by means of boundary lines the area of the land to which the resolution applies and indicating the land in the area which is already built upon; (ii) that notice by advertisement is given of the passing of the resolution and of facilities for inspection of the map, and for making suggestions for the inclusion or exclusion of land in or from the area of the proposed scheme; (iii) that suggestions made within the time specified in the notice are taken into consideration by the local authority or joint committee, and if not accepted by them or withdrawn are taken into consideration by the Minister. Paragraph 2 As to preliminary statements of proposals for development in cases where such a statement is submitted :— (i) that a draft statement is formulated to include such particulars of the proposed development as may be prescribed and is illustrated by a map which shall indicate, so far as is practicable, the proposals for development; (ii) that notice by advertisement is given of facilities for inspection of the draft and map and for making objections to the draft; (iii) that objections made within the time specified in the notice are taken into consideration by the local authority or joint committee and, if not met or withdrawn, are taken into consideration by the Minister; (iv) that the statement is not submitted to the Minister before the expiration of three months from the date when the service of notices of the taking effect of the resolution to prepare the scheme has been completed, and that the time within which the statement may be submitted is limited to a period not exceeding eighteen months from the date when the resolution took effect, with power for the Minister to extend that period where he is satisfied that there are special circumstances warranting an extension of the period; (v) that the Minister may hold a local inquiry as to objections; (vi) that notice by advertisement is given of the approval by the Minister of the statement. Paragraph 3 As to the preparation or adoption of schemes :— (i) that a draft scheme is formulated and is illustrated by a map showing so far as practicable particulars and details of the scheme and in particular proposed new roads or widening of existing roads; (ii) that notice by advertisement is given of facilities for inspection of the draft and map and for making representations and objections as to the draft; (iii) that representations and objections made within the period specified in the notice are taken into consideration by the local authority or joint committee. Paragraph 4 As to the submission of schemes to the Minister and consideration and approval thereof by him :— (i) that the time within which the scheme is to be submitted is limited to a period not exceeding, where a preliminary statement has been approved by the Minister, eighteen months from the date of approval and not exceeding, in any other case, three years from the date when the resolution to prepare or adopt a scheme took effect, with power for the Minister to extend these periods, respectively, where he is satisfied that there are special circumstances warranting an extension of period; (ii) that notice by advertisement is given of the submission of the scheme and of facilities for inspection of the scheme and map and for making objections to the scheme; (iii) that objections to the scheme made within the time specified in the notice are taken into consideration by the Minister; (iv) that a local inquiry as to the scheme is held by the Minister where any objections taken into consideration by him are not met or withdrawn; (v) that if the Minister proposes to modify the scheme a copy of the scheme as proposed to be modified is furnished to the local authority or joint committee and notice by advertisement is given by the local authority or joint committee of the intention of the Minister to approve the scheme with modifications and of facilities for inspection of the scheme and map and for making objections to the scheme as intended to be approved; (vi) that objections to any proposed modifications of the scheme made within the time specified in the notice are taken into consideration by the Minister. Paragraph 5 As to procedure generally in relation to the matters aforesaid :— (i) that co-operation with persons interested in land proposed to be included in a scheme or order is secured; (ii) that full information as to any proposal to prepare or adopt a scheme or order is given to the council of the county in which any land proposed to be included in the scheme or order is situate and to any other council concerned; (iii) that where a resolution to prepare a scheme has taken effect the council of the county in which any land to which the resolution applies is situate are consulted with respect to the preparation of the scheme, unless the scheme is to be prepared by a joint committee of whom the county council are a constituent authority; (iv) that where under the foregoing provisions of this Schedule provision is required to be made by regulation for notice of facilities for inspection of any document, provision is made for access to be had thereto at all reasonable hours and without payment of a fee, and for the inclusion in the notice of particulars of the time and place at which such access may be had; (v) that where provision is required to be made as aforesaid for notice by advertisement of any document, the advertisement is published at least once during each of two successive weeks with an interval between each publication of at least six clear days in a newspaper circulating in the area to which the document relates; (vi) that where provision is required to be made as aforesaid for notice by advertisement of facilities for making suggestions, representations, or objections as to any matter, the time for the making thereof is not limited, in the case of suggestions as to the inclusion or exclusion of land in or from a scheme, to less than fourteen days from the date of the second publication of the advertisement or, in any other case, to less than twenty-one days from that date. PART II As to the preparation, adoption, submission, and approval of schemes varying or revoking a previous scheme, of supplementary schemes, and supplementary orders, and of general development orders— The provisions of paragraph 3, of sub-paragraphs (ii), (iii), (iv), (v), and (vi) of paragraph 4, and of paragraph 5 of Part I. of this Schedule shall apply in relation to the matters stated in the heading of this paragraph, provided that the regulations may reserve power to the Minister to dispense with or modify all or any of the provisions aforesaid subject to such conditions, if any, as he may impose, in any case in which, having regard to the nature of the matters dealt with in the scheme or order, he is satisfied that there is reasonable cause for the dispensation or modification, and that no person will be prejudiced thereby.