Legalize / United Kingdom / Public General Act

Planning and Compensation Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2025-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Planning (Hazardous Substances) Act 1990 (c. 10)

30

In section 25(1) of the Planning (Hazardous Substances) Act 1990—

(a) in paragraph (b)(v) for “175(1) to (4)” there is substituted “ 175(1) to (3) ”, and

(b) in paragraph (c) “(1) to (5) and (7)” is omitted.

31

In section 31(2) of that Act for “or 24” there is substituted “ 24 or 26AA ”.

32

In section 36(5) of that Act “Subject to subsection (6)” is omitted.

SCHEDULE 4

Part I — Streamlining of Development Plan System

1

Part II of the principal Act (development plans) is amended as follows.

Unitary development plans

2

(1) In section 12 (content of unitary development plan), in subsection (3) for the words from “other” to the end there is substituted

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.

(2) In subsection (4)(a) of that section “other”, in the second place where it occurs, and “or for any description of development or other use of such land” are omitted.

(3) For subsection (6) of that section there is substituted—

(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.

(4) After subsection (7) of that section there is inserted—

(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.

(5) At the end of that section there is inserted—

(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.

3

After that section there is inserted—

(12A) (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.

4

For section 13 (publicity in connection with preparation of unitary development plan) there is substituted—

(13) (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. (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. (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.

5

In section 14 (withdrawal of unitary development plan)—

(a) in subsections (2) and (4) for “13(3)” there is substituted “ 13(2) ”; and

(b) subsection (3) (concerning publicity) is omitted.

6

In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted—

(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.

7

In section 16 (local inquiries) for subsection (1) there is substituted—

(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.

8

In section 17(1) (direction to consider proposals) for “consider modifying” there is substituted “ modify ”.

9

In sections 17(1) and 18(1) for “13(3)”, in both places where it occurs, there is substituted “ 13(2) ”.

10

In section 19(2) (approval of unitary development plan by Secretary of State) after “taken into account in” there is inserted “ preparing ”.

11

In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for “regulations under this Chapter” there is substituted “ the regulations. ”

12

(1) In section 21 (alteration or replacement of unitary development plan) for subsection (1) there is substituted—

(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) In subsection (2) of that section “Subject to section 22” is omitted.

13

Section 22 (short procedure for certain alterations and replacements) is omitted.

14

In section 23 (joint unitary development plans)—

(a) subsections (2) to (4) and (9) and (10) are omitted;

(b) in subsection (5) for “(3)” there is substituted “ (2) ”;

(d) in subsection (8) for “making” there is substituted “ preparing ” and for “make” there is substituted “ prepare ”.

15

In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)—

(a) after paragraph (c) there is inserted—

(cc) 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;

(b) in paragraph (f) for the words from “for the purpose” to “22(2)(b)” there is substituted “ in compliance with the regulations or available for inspection under section 13(2) ”; and

(ff) make provision for steps taken in compliance with the regulations in respect of a unitary development plan 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 unitary development plan;

Structure and local plans

16

In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted—

(2) 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. (3) 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.

17

For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted—

(32) (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). (33) (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. (34) (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. (35) (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. (35A) (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. (35B) (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 Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act. (35C) (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. (36) (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. (3) 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. (5) 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 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) 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. (37) (1) 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. (38) (1) 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. (2) 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. (39) (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. (40) (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.

18

For section 42(1) and (2) (local inquiries) there is substituted—

(1) 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.

19

(1) In section 43 (adoption of proposals) for subsections (1) and (2) there is substituted—

(1) 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.

(2) In subsection (4) of that section for “consider modifying” there is substituted “ modify ”.

20

(1) In section 44 (calling in of proposals for approval by Secretary of State) in subsection (1) after “proposals” in the second place where it occurs there is inserted “ or any part of them ”.

(2) For subsection (2) of that section there is substituted—

(2) 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.

21

(1) In section 45 (approval of proposals by Secretary of State), in subsection (3)(a) after “with” there is inserted “ the ”.

(2) After subsection (4) of that section there is inserted—

(5) Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.

22

For sections 46 to 48 (conformity between local plan and structure plan) there is substituted—

(46) (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.

23

In section 49 “repeal” is omitted.

24

(1) In section 50 (joint structure and local plans), in subsection (1), the words “for the repeal and” and subsections (2) and (3) are omitted.

(2) In subsection (4) of that section “repeal and” is omitted and for “33(3)” there is substituted “ 33(2) ”.

(3) In subsection (5) of that section “repeal and” is omitted and for “(3)” there is substituted “ (2) ”.

(4) In subsection (6) of that section—

(a) in the opening words, “repeal” is omitted;

(b) in paragraph (a)—

(i) the words from the beginning to “except that” and the words “or 40(2)(a)” and “or 40(3)” are omitted;

(ii) for “39(5)(a)” there is substituted “ 40(2) ”; and

(iii) for “39(6)” there is substituted “ 40(4) ”; and

(5) For subsection (7) of that section there is substituted—

(7) 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.

(6) In subsection (8) of that section “repeal” and “in accordance with the provisions of the relevant local plan scheme” are omitted and for “38” there is substituted “ 39 ”.

(7) For subsection (9) of that section there is substituted—

(9) 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.

25

In section 51(1) “repeal”, in both places where it occurs, is omitted.

26

After section 51 there is inserted—

(51A) (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.

27

(1) In section 52(1) (reviews of plans in enterprise zones) for paragraphs (a) and (b) there is substituted “ any 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. ”

(2) Subsections (2) and (3) are omitted.

28

(1) In section 53 (regulations with respect to publicity etc. for structure plans and local plans), in subsection (1) “repeal” is omitted.

(2) In subsection (2) of that section—

(a) in paragraph (b) “repeal” is omitted;

(b) after paragraph (c) there is inserted—

(cc) 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;

(c) in paragraph (f) for the words from “for the purpose” to “40(2)(a)” there is substituted “ in compliance with the regulations or available for inspection under section 33(2) or 40(2) ”;

(d) after that paragraph there is inserted—

(ff) 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;

(e) in paragraph (g) “repealing” is omitted.

(3) Subsection (5) of that section (date on which plans or proposals become operative) is omitted.

29

(1) In section 54 (meaning of “development plan” outside Greater London and the metropolitan counties) in subsection (1) for paragraphs (a) to (d) there is substituted—

(a) 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) In subsection (4) of that section at the end there is inserted “ and Part III of Schedule 4 to the Planning and Compensation Act 1991 ”.

Part II — Minor and Consequential Amendments

30

In section 284(1)(a) of the principal Act (validity of development plans etc.)—

(a) after “local plan” there is inserted “ minerals local plan, waste local plan ”; and

(b) “repeal”, in both places where it occurs, is omitted.

31

In section 287 of that Act (proceedings for questioning validity of development plans, etc.)—

(a) in subsection (1) after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

(b) in subsections (1) to (3) and (5) “repeal” is omitted.

32

In section 306(2) of that Act (contributions by local authorities and statutory undertakers)—

(a) after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

(b) “repeal” is omitted.

33

In section 324(1)(a) (rights of entry in connection with preparation etc. of plans), after “local plan” there is inserted “ minerals local plan or waste local plan ”.

34

In section 336(1) (interpretation) in the definition of “development plan” after “Schedule 2” there is inserted “ and Part III of Schedule 4 to the Planning and Compensation Act 1991 ”.

35

(1) In Schedule 1 to that Act (local planning authorities: distribution of functions) for paragraph 2 there is substituted—

(2) The functions of a local planning authority— (a) under sections 30 to 35B, 38(2) and 50(1), (4), (5) and (7) shall be exercisable by the county planning authority and not by the district planning authority; (b) under section 36, 39, 40, 42 to 44 and 50(6), (7A) and (8) shall be exercisable by the district planning authority and not by the county planning authority; and references to a local planning authority in those sections shall be construed accordingly.

(2) In paragraph 7(3) of that Schedule, in paragraph (a)—

(a) for sub-paragraphs (i) to (iii) there is substituted—

(i) of any policy contained in a structure plan which has been adopted or approved; (ii) of any policy contained in proposals made available for inspection under section 33(2);

and

(b) for sub-paragraphs (v) to (vii) there is substituted—

(v) of any policy contained in a minerals local plan or a waste local plan which has been adopted or approved; (vi) of any policy contained in proposals for the making, alteration or replacement of a minerals local plan or a waste local plan which have been made available for inspection under section 40(2); (vii) of any proposal contained in a local plan which was prepared by the county planning authority and continued in operation by virtue of paragraph 44 of Schedule 4 to the Planning and Compensation Act 1991; (viii) of any proposal contained in proposals in respect of a local plan which have been prepared by the county planning authority and are adopted or approved by virtue of paragraph 43 of that Schedule or made available for inspection in pursuance of that paragraph;

36

(1) In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)—

(a) in Part I, paragraphs 3, 5 and 6, and

(b) in Part II, paragraphs 3 to 16 and 18,

are omitted.

(2) For paragraph 4 of Part I of that Schedule and paragraph 17 of Part II of that Schedule there is substituted in each case—

(0) (1) Sub-paragraph (2) applies where— (a) a local plan is in force in the area of a local planning authority; (b) a unitary development plan is being prepared; (c) the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and (d) a local inquiry or other hearing is held for the purpose of considering any objection to the plan. (2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that— (a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c); (b) the policy so identified is an existing policy; and (c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a). (3) In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).

37

(1) In Schedule 13 to that Act (blighted land) in paragraph 1 in Note (1) for paragraphs (a) and (b) there is substituted—

(a) proposals for the alteration or replacement of a structure plan which have been made available for inspection under section 33(2); (b) any proposed modifications to those proposals which have been published in accordance with regulations under section 53.

(2) In Note (2) to that paragraph for the words from “33(9)” to the end there is substituted “ 34 ”.

(3) In Note (5) for “in force” there is substituted “ in operation ”.

(4) After that Note there is inserted—

(5A) In Note (5) the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the Planning and Compensation Act 1991.

(5) In Note (7) to that paragraph for the words from “and all references” to the end there is substituted “ and Notes (1) to (4) shall be omitted ”.

(6) In paragraph 2 of that Schedule in paragraph (a) for “in force” there is substituted “ in operation ”.

(7) For Note (1) to paragraph 2 there is substituted—

(1) In this paragraph the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the Planning and Compensation Act 1991, and also includes— (a) proposals for the making or alteration and replacement of any such plan where copies of the proposals have been made available for inspection under section 40(2) or by virtue of paragraph 43 of Schedule 4 to the Planning and Compensation Act 1991; and (b) any proposed modifications to those proposals which have been published in accordance with regulations under section 53.

(8) Notes (2) and (5) to that paragraph are omitted.

(9) In Note (3) to that paragraph “also” is omitted.

(10) In paragraph 3 of that Schedule, in Note (1)—

(a) in paragraph (a) for “13(3)” there is substituted “ 13(2) ”; and

(b) in paragraph (b) “or under section 22” is omitted.

(11) In Note (2) to that paragraph “13(7) or” is omitted.

(12) In paragraph 4 of that Schedule, in Note (1)—

(a) in paragraph (a) for “13(3)” there is substituted “ 13(2) ”;

(b) in paragraph (b) “or under section 22” is omitted.

(13) In Note (2) to that paragraph “13(7) or” is omitted.

38

In Schedule 4 to the Planning (Consequential Provisions) Act 1990—

(a) in paragraph 1, in the Table, the entry relating to section 9(4) of the 1971 Act and paragraph 2 of that Schedule is omitted;

(b) paragraph 2 is omitted.

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Transitional Provisions

Interpretation

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unitary development plans

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Structure plans

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local plans

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minerals and waste local plans

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of structure plan authority to notify authorities responsible for saved local plans et ceteralaetc.

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint plans

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for questioning validity of development plans

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Isles of Scilly

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Part I — Modification of Procedure for Making or Altering Schemes

Procedure before and after deposit of proposals

1

In Schedule 7 to the principal Act (simplified planning zones) for paragraphs 5 to 7 there is substituted—

(5) (1) A local planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph. (2) They shall— (a) consult the Secretary of State having responsibility for highways as to the effect any proposals they may make might have on existing or future highways, (b) if they are the district planning authority, consult the county council— (i) as county planning authority, and (ii) as to the effect which any matters the district planning authority are considering including in the proposals might have on existing or future highways, and (c) consult or notify such persons as regulations may require them to consult or, as the case may be, notify. (3) They shall take such steps as may be prescribed or as the Secretary of State may, in a particular case, direct to publicise— (a) the fact that they propose to make or alter a simplified planning zone scheme, and (b) the matters which they are considering including in the proposals. (4) They shall consider any representations that are made in accordance with regulations. (6) Where a local planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall— (a) make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed, (b) take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected, (c) take such steps as may be prescribed for inviting objections to be made within such period as may be prescribed, and (d) send a copy of the proposed scheme or alterations to the Secretary of State and to the Secretary of State having responsibility for highways and, if they are the district planning authority, to the county council.

Dealing with objections, etc.

2

(1) For paragraph 8(1) to (3) (objections: local inquiry or other hearing) there is substituted—

(8) (1) Where objections to the proposed scheme or alterations are made, the local planning authority may— (a) for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or (b) require the objections to be considered by a person appointed by the Secretary of State. (2) A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

(2) For paragraph 11(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted—

(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, consider any objections made in accordance with regulations (and not withdrawn) except objections which— (a) have already been considered by the local planning authority or by a person appointed by the Secretary of State, or (b) have already been considered at a local inquiry or other hearing. (4) The Secretary of State may— (a) for the purpose of considering any objections and the views of the local planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or (b) require such objections and views to be considered by a person appointed by him. (5) 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 or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3).

Part II — Minor and Consequential Amendments

3

In Schedule 1 to that Act, paragraph 9(2) and (3) is omitted.

4

Schedule 7 to that Act is amended as follows.

5

At the end of paragraph 4(1) there is added “ and, in either case, requires the local planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”

6

In paragraph 8(4) for “to hold a local inquiry or other hearing” there is substituted “ for the purposes of this paragraph ”.

7

(1) In paragraph 9 for sub-paragraph (1) there is substituted—

(1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 8, the local planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and paragraph 10).

(2) In sub-paragraph (3) of that paragraph for “consider modifying” there is substituted “ modify ”.

8

In paragraph 10(2)(a) after “hearing” there is inserted “ or any consideration of objections ”.

9

For paragraph 12(1) there is substituted—

(12) (1) Where— (a) a local planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and (b) the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme, he may himself make a scheme or, as the case may be, the alterations.

10

In paragraph 13(2)—

(a) after paragraph (b) there is inserted—

(bb) make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;

and

(b) in paragraph (e) the words from “for the purpose” to “6(2)” are omitted.

SCHEDULE 6

Land Compensation Act 1961 (c. 33)

1

(1) In section 15 of the Land Compensation Act 1961 (assumptions not directly derived from development plans)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (4), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.

Gas Act 1965 (c. 36)

2

In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

Public Expenditure and Receipts Act 1968 (c. 14)

3

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (b) is omitted.

Post Office Act 1969 (c. 48)

4

In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts V and XII of the Town and Country Planning Act 1990” there is substituted “ Part XII of the Town and Country Planning Act 1990 ”.

Land Compensation Act 1973 (c. 26)

5

(1) In section 5 of the Land Compensation Act 1973 (assessment of compensation: assumptions as to planning permission)—

(a) for subsection (2) there is substituted—

(2) Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted— (a) subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and (b) for any development of a class specified in paragraph 2 of Schedule 3 to that Act.

; and

(b) in subsection (3), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the Land Compensation Act 1973 fell or falls on or after 16th November 1990.

Civil Aviation Act 1982 (c. 16)

6

In section 53(1)(a) of the Civil Aviation Act 1982 “114,” is omitted.

Airports Act 1986 (c. 31)

7

In section 61(1)(a) of the Airports Act 1986 “114,” is omitted.

The principal Act

8

The principal Act is amended as follows.

9

In section 55 (meaning of development) subsection (6) (meaning of new development) is omitted.

10

In section 56(5) (time when development begun) for paragraph (b) there is substituted—

(b) development of a class specified in paragraph 1 or 2 of Schedule 3;

11

Sections 80 and 81 (review of planning decisions where compensation claimed under Part V) are omitted.

12

In section 90(3) (development with Government authorisation) for “Parts V and” there is substituted “ Part ”.

13

(1) In section 107(4) (compensation where planning permission revoked or modified) for “for any development of the land of any class specified in Schedule 3” there is substituted

— (a) subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3; (b) for any development of a class specified in paragraph 2 of Schedule 3.

(2) This paragraph shall have effect, or be treated as having had effect, in relation to claims made on or after 16th November 1990.

14

In section 109(6) (apportionment of compensation for depreciation) for “in sections 110 and 113” there is substituted “ section 110 ”.

15

In section 111 (recovery of compensation under section 107 on subsequent development)—

(a) in subsections (1) and (2) “new”, in both places where it occurs, is omitted;

(b) in subsection (2) for “and (4)” there is substituted “ to (5) ”; and

(5) This section does not apply to any development— (a) of a class specified in paragraph 1 of Schedule 3 which is carried out in accordance with the condition set out in Schedule 10; or (b) of a class specified in paragraph 2 of Schedule 3.

16

In section 112 (amount recoverable under section 111 and provisions for payment or remission of it) the following are omitted—

(a) in subsection (9), “new”;

(b) in subsection (12), paragraph (a); and

17

Section 113 (contribution of Secretary of State where compensation could have been claimed under Part V) is omitted.

18

In section 138(2)(a) (circumstances in which land incapable of reasonably beneficial use) for “new development,” there is substituted “ development other than any development specified in paragraph 1 or 2 of Schedule 3; ”.

19

In section 144 (special provisions as to compensation where purchase notice served)—

(a) in subsection (2)(b), for “existing use value” there is substituted “ Schedule 3 value ”; and

(b) in subsection (6), for the definition of “existing use value” there is substituted—

“Schedule 3 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted— (a) subject to the condition in Schedule 10, for any development of a class specified in paragraph 1 of Schedule 3; and (b) for any development of a class specified in paragraph 2 of Schedule 3.

20

In section 198(4)(a) (tree preservation orders) “80, 81” is omitted.

21

In section 220(3)(a) (advertisement regulations) “80, 81” is omitted.

22

In section 262(4) and (7)(a) (meaning of “statutory undertakers”) “123” is omitted.

23

In section 263(3) (meaning of “operational land”) “123(3) and (4)” is omitted.

24

In section 284(3) (validity of orders, etc.) paragraph (c) is omitted.

25

(1) In section 298 (supplementary provisions as to Crown and Duchy interests) for subsections (1) and (2) there is substituted—

(1) Where there is a Crown interest in any land, sections 109 to 112 shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest. (2) Where there is a Duchy interest in any land, those sections shall have effect in relation to that interest or any private interest as if the Duchy interest were a private interest.

(2) In subsection (3) of that section for “the provisions of this Act referred to in subsection (1)(a)” there is substituted “ sections 109 to 112 ”.

(3) This paragraph does not affect the operation of Schedule 3 to the Planning (Consequential Provisions) Act 1990 in relation to any private interest or Duchy interest (as defined in section 293 of the principal Act).

26

(1) In section 308 (recovery from acquiring authorities of sums paid by way of compensation)—

(a) in subsection (1)(b), “or 132(1)” is omitted;

(b) in subsection (2), “or, as the case may be, section 132(4)” is omitted; and

(2) Any amount recoverable under that section, by reason of a notice registered under section 132(1), which has not been paid shall cease to be recoverable.

27

Section 309 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.

28

In section 310 (sums recoverable from acquiring authorities reckonable for purposes of grant) “or 309” is omitted.

29

In section 311(1)(b) (expenses of government departments) “or V” is omitted.

30

Section 312 (payments under s. 59 of 1947 Act and Parts I and V of 1954 Act) is omitted.

31

In section 313 (general provision as to receipts of Secretary of State) “Without prejudice to section 312, and” is omitted.

32

In section 315(2) (power to modify Act in relation to minerals) the words from “and in relation” to “in respect of such land” are omitted.

33

In section 318(5) (ecclesiastical property) for “112, 133 or 327” there is substituted “ or 112 ”.

34

In section 324 (rights of entry) subsection (4) is omitted.

35

Section 326 (assumptions as to planning permission in determining value of interests in land) is omitted.

36

Section 327 (recovery on subsequent development of payments in respect of war-damaged land) is omitted.

37

In section 328(1) (settled land, etc.) for “112, 133 or 327” there is substituted “ or 112 ”.

38

In section 336(1) (interpretation) the definitions of “new development” and “previous apportionment” are omitted.

39

In Schedule 1 (distribution of functions) in paragraph 16(1) “114” is omitted.

40

(1) In Schedule 3 (existing use development, etc.), paragraphs 3 to 8, 11 and 14 are omitted.

(2) In paragraph 10(2) of that Schedule for “paragraphs 1 and 3” there is substituted “ paragraph 1 ”.

(3) In paragraph 13 of that Schedule for sub-paragraph (2) there is substituted—

(2) This paragraph does not apply for the purposes of sections 111 and 138.

41

In Schedule 16 (provisions referred to in sections 314 to 319)—

(a) in Part I for the entry relating to sections 114 and 115 there is substituted— “ Section 115 ”,

(b) in Parts III and VI, the entries relating to Schedule 12 are omitted.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

42

(1) In section 30 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (local planning authorities for compensation purposes), in subsection (1), paragraph (a) is omitted.

(2) In subsection (2) of that section “27,” is omitted.

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

In section 32(4) of that Act (purchase notices) for “new development” there is substituted “ development (other than any development specified in paragraph 1 or 2 of Schedule 3 to the principal Act) ”.

45

In section 49 of that Act (compensation on compulsory acquisition of building) the words from “other than” to the end are omitted.

46

In section 88(4) of that Act (rights of entry) “27,” is omitted.

47

(1) In section 90 of that Act (financial provisions), in subsection (2) for “27” there is substituted “ 28 ”.

(2) In subsection (7)(a) of that section for “27 to” there is substituted “ 28 or ”.

48

In section 91(2) of that Act (interpretation) “new development” is omitted.

Planning (Consequential Provisions) Act 1990 (c. 11)

49

The saving made by paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings) shall cease to have effect in relation to any right to or claim for or any liability in respect of any payment—

(a) under a scheme made under section 59 of the Town and Country Planning Act 1947;

(b) under any provision of Part I or V of the Town and Country Planning Act 1954.

SCHEDULE 7

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

1

In section 2(3) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words from “it was determined” to the end there is substituted “ a certificate was issued under section 192 of the Town and Country Planning Act 1990 that the operations would be lawful. ”

Local Government Act 1972 (c. 70)

2

In Part III of Schedule 12A to the Local Government Act 1972, in the definition of “protected informant”, for “172(3)” there is substituted “ 171A ”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

3

In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976 paragraph (a)(iii) is omitted.

Rent (Agriculture) Act 1976 (c. 80)

4

In section 33(4) of the Rent (Agriculture) Act 1976 for the words from “section 63(2)(b)” to the end there is substituted “ section 73A of the Town and Country Planning Act 1990 ”.

Local Government, Planning and Land Act 1980 (c. 65)

5

In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the principal Act there listed: 171C, 173A, 187A, 187B, 196A to 196C and 324(1)(b) and (c) and (7).

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

6

In section 33 of the Local Government (Miscellaneous Provisions) Act 1982, in subsection (1) for paragraphs (a) to (c) there is substituted—

(a) is executed for the purpose of securing the carrying out of works on land in the council’s area in which the other person has an interest, or (b) is executed for the purpose of regulating the use of or is otherwise connected with land in or outside the council’s area in which the other person has an interest, and which is neither executed for the purpose of facilitating nor connected with the development of the land in question.

Housing Act 1988 (c. 50)

7

In section 67(3A) of the Housing Act 1988 after “104” there is inserted “ 171C, 171D ”.

The principal Act

8

The principal Act is amended as follows.

Part I

9

(1) In section 5(1) for “300 and 324(1)(b) and (c) and (7)” there is substituted “ and 300 ”.

(2) In section 5(3)—

(a) for “sections 36 to 49, 50(6) to (9), 51” there is substituted “ Part II, sections ”,

(b) for “64 to 72” there is substituted “ 65, 69 to 72 ”,

(d) after “106” there is inserted “ to 106B, 171C ”,

(e) after “173” there is inserted “ 173A ”,

(f) after “184” there is inserted “ 187A, 187B ”,

(g) for “215” there is substituted “ 214, 215 ”,

(h) after “299” there is inserted “ 299A ”, and

(i) for “316(1) to (3) and 324(1)(a)” there is substituted “ 316 and 324(1) and (7) ”.

Part III

10

(1) In section 56, in subsection (3) after “87(4)” there is inserted “ 89 ”.

(2) In subsection (4) of that section after paragraph (a) there is inserted—

(aa) any work of demolition of a building;

11

Section 63 is omitted.

12

Section 64 is omitted.

13

In section 69—

(a) in subsection (1) “made to that authority”, and

(b) in subsection (3) “made to the authority”,

are omitted.

14

In section 70(3) for “sections 65, 66 and 67” there is substituted “ section 65 ”.

15

In section 71(4) for the definitions of “agricultural holding” and “owner” there is substituted—

“prescribed” means prescribed by a development order

16

(1) After section 73 there is inserted—

(73A) (1) On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application. (2) Subsection (1) applies to development carried out— (a) without planning permission; (b) in accordance with planning permission granted for a limited period; or (c) without complying with some condition subject to which planning permission was granted. (3) Planning permission for such development may be granted so as to have effect from— (a) the date on which the development was carried out; or (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

17

In section 74(2) “section 71 of this Act and” is omitted.

18

In section 77(4) for “65(2) and (9), 66, 67, 70, 71(1) and (2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71 ”.

19

In section 79(4) for “66, 67, 70, 71(2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71 ”.

20

In section 91(4)(b), for the words from “granted” to the end there is substituted “ granted for development carried out before the grant of that permission ”.

21

In section 102, for subsections (4) and (5) there is substituted—

(4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103. (5) Planning permission for such development may be granted so as to have effect from— (a) the date on which the development was carried out; or (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

Part VII

22

In section 174(6) “in writing” is omitted.

23

For section 176(1) and (2) there is substituted—

(1) On an appeal under section 174 the Secretary of State may— (a) correct any defect, error or misdescription in the enforcement notice; or (b) vary the terms of the enforcement notice, if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority. (2) Where the Secretary of State determines to allow the appeal, he may quash the notice. (2A) The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

24

(1) In section 177(1)—

(a) for paragraph (a) there is substituted—

(a) grant planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control, whether in relation to the whole or any part of those matters or in relation to the whole or any part of the land to which the notice relates;

and

(b) for paragraph (c) there is substituted—

(c) determine whether, on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which planning permission was granted was lawful and, if so, issue a certificate under section 191. (1A) The provisions of sections 191 to 194 mentioned in subsection (1B) shall apply for the purposes of subsection (1)(c) as they apply for the purposes of section 191, but as if— (a) any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and (b) references to the local planning authority were references to the Secretary of State. (1B) Those provisions are: sections 191(5) to (7), 193(4) (so far as it relates to the form of the certificate), (6) and (7) and 194

(2) For section 177(3) there is substituted—

(3) The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III.

(3) In section 177(5) for “for the development to which the notice relates” there is substituted “ in respect of the matters stated in the enforcement notice as constituting a breach of planning control ”.

25

In section 178(2) “(as defined in section 172(3))” is omitted.

26

For section 180 there is substituted—

(180) (1) Where, after the service of— (a) a copy of an enforcement notice; or (b) a breach of condition notice, planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission. (2) Where after a breach of condition notice has been served any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question. (3) The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.

27

In section 181—

(a) in subsections (1)(a), (4)(b) and (5)(b) for “demolition”, in each place where it occurs, there is substituted “ removal ”;

(b) in subsections (3), (4) and (5) for “demolished”, in each place where it occurs, there is substituted “ removed ”; and

28

In section 184—

(a) in subsection (4)(b) for “compliance period” there is substituted “ period for compliance with the enforcement notice ”;

(b) in subsection (5) for the words from “included” to the end there is substituted “ relevant activities ”;

29

In section 186—

(a) in subsection (1)(b) for the words from “matters” to the end there is substituted “ any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity ”; and

(b) in subsection (1)(c) the words from “or for its retention” to “granted” are omitted;

(c) in subsection (2) for the words from “so much” to the end there is substituted “ the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities ”.

30

In section 188—

(a) after subsection (1)(b) there is inserted

and (c) to breach of condition notices

, and the “and” immediately preceding paragraph (b) is omitted;

(b) in subsection (2)(a) for “or stop notice” there is substituted “ stop notice or breach of condition notice ”, and

31

Section 190(4) is omitted.

32

In section 195—

(a) in subsection (1) for “an established use certificate” there is substituted “ a certificate under section 191 or 192 ”,

(b) in subsection (2) for “an established use certificate” there is substituted “ a certificate under section 191 or, as the case may be, 192 ”, and

(4) References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question.

33

In section 196—

(a) in subsection (1) “an application referred to him under section 192(5) or” is omitted and for “applicant or appellant (as the case may be)” there is substituted “ appellant ”,

(b) in subsection (2) for “an established use certificate on such a reference or” there is substituted “ a certificate under section 191 or 192 on ”,

(d) in subsection (4) for “established use certificates” there is substituted “ certificates under section 191 or 192 ”, and

(e) subsections (5) to (7) are omitted.

Part VIII

34

In section 198(4)(a) “to 68” is omitted.

35

In section 216(6) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

36

Section 219(6) is omitted.

37

In section 220(3)(a) “to 68” is omitted.

38

In section 224(3) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

Part X

39

Section 250(2) is omitted.

Part XI

40

Section 266(3) is omitted.

Part XII

41

In section 284(3)(g) the words from “on an application” to “or” are omitted.

42

In section 285—

(a) in subsection (1) “Subject to the provisions of this section” is omitted;

(b) in subsection (2) “(6) to (8)” is omitted; and

43

In section 286—

(a) in subsection (1), paragraph (b) is omitted and in paragraph (c) for “an established use certificate under section 192” there is substituted “ a certificate under section 191 or 192 ”, and

(b) in subsection (2), after “183” there is inserted “ or a breach of condition notice under section 187A ”.

44

Section 290 is omitted.

Part XIII

45

(1) In section 296, in subsection (1)(c) after “VII” there is inserted “ except sections 196A and 196B ”.

(2) In subsection (2)(a) of that section for “172” there is substituted “ 171C, 172, 173A, 183, 187A, 187B ”.

46

(1) Section 299 is amended as follows.

(2) In subsection (1) for “determination under section 64” there is substituted “ certificate under section 192 ”.

(3) In subsection (2) for “or determination” there is substituted “ or certificate ”.

(4) For subsection (4) there is substituted—

(4) Any application made by virtue of this section for a certificate under section 192 shall be determined as if the land were not Crown land.

(5) In subsection (5)(a) for “determinations” there is substituted “ certificates ”.

(6) In subsection (6) for “determination” there is substituted “ certificate ”.

Part XIV

47

In section 306(2)(b) and (3) after “VII”, in both places where it occurs, there is inserted “ except sections 196A and 196B ”.

Part XV

48

After section 316 there is inserted—

(316A) In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.

49

For section 319 there is substituted—

(319) (1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct. (2) An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority. (3) Before making an order under this section the Secretary of State shall consult with that Council.

50

(1) Section 325 is amended as follows.

(2) In subsection (1)(a) after “authority” there is inserted “ and state the purpose of his entry ”.

(3) In subsection (2), for “level 2” there is substituted “ level 3 ”.

(4) In subsection (4), for “premises” there is substituted “ land ”.

51

At the end of section 329 there is inserted—

(4) This section is without prejudice to section 233 of the Local Government Act 1972 (general provisions as to service of notices by local authorities).

52

(1) Section 336 is amended as follows.

(2) In subsection (1)—

(a) after the definition of “authority to whom Part II of the 1959 Act applies” there is inserted—

“breach of condition notice” has the meaning given in section 187A; “breach of planning control” has the meaning given in section 171A

(b) at the end of the definition of “buildings or works” there is inserted “ and references to the removal of buildings or works include demolition of buildings and filling in of trenches ”; and

“building operations” has the meaning given by section 55

(d) the definition of “established use certificate” is omitted,

(e) in the definition of “owner” the words “(except in sections 66, 67 and 71)” are omitted,

(f) after the definition of “the planning Acts” there is inserted—

“planning contravention notice” has the meaning given in section 171C

, and

(g) in the definition of “planning permission” the words from “and in construing” to the end are omitted.

(3) In subsection (9) for “in Part V of Schedule 16” there is substituted “ of Parts III, VII and VIII ” and “(1) to (3)” is omitted.

(4) In subsection (10) for “sections 324(2) and” there is substituted “ section ”.

Schedules

53

(1) Schedule 1 is amended as follows.

(2) For paragraph 3(1)(b) and (c) there is substituted—

(b) applications for a certificate under section 191 or 192

(3) In paragraph 4(2) for “such application relating” there is substituted “ application for planning permission, for a certificate under section 191 or 192 or for consent to the display of advertisements under section 220, relating in each case ”.

(4) In paragraph 7(1) for “sections 70 and 71” there is substituted “ section 70 ”.

(5) For paragraph 8 there is substituted—

(8) (1) A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council of any parish or community situated in their area, notify the council of— (a) any relevant planning application; and (b) any alteration to that application accepted by the authority. (2) In sub-paragraph (1) “a relevant planning application” means an application which— (a) relates to land in the parish or community; and (b) is an application for— (i) planning permission; or (ii) approval of a matter reserved under an outline planning permission within the meaning of section 92. (3) Any request made for the purposes of sub-paragraph (1) shall be in writing and state that the council wishes to be notified of all relevant applications or all applications of a description specified in the request. (4) An authority shall comply with the duty to notify a council of an application by— (a) sending the council a copy of the application; or (b) indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates, and any notification falling within paragraph (b) shall be in writing. (5) An authority shall comply with their duty to notify a council of an alteration by— (a) sending a copy of the alteration to the council; or (b) informing the council in writing of its general effect, but they need not notify a council of an alteration which in their opinion is trivial. (6) A development order may require a local planning authority which is dealing with an application of which a council is entitled to be notified— (a) to give the council an opportunity to make representations to them as to the manner in which the application should be determined; (b) to take into account any such representations; (c) to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

(6) In paragraph 11(1)(b), after “serving” there is inserted “ planning contravention notices under section 171C or ” and after “section 183” there is inserted “ or breach of condition notices under section 187A ”.

(7) After paragraph 12 there is inserted—

(12A) The functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question

(8) In paragraph 20, in sub-paragraph (1), for “100(3), 104(3) or 202(1)” there is substituted “ 100(3), 104(3), 196A(3), 202(1) or 214B(6) ”.

(9) For sub-paragraph (3) of that paragraph there is substituted—

(3) In relation to land in the area of a joint planning board, a person entering into a planning obligation under section 106 or 299A may identify the council of the county in which the land is situated as the authority by whom the obligation is enforceable.

54

(1) Schedule 6 is amended as follows.

(2) In paragraph 1(1), after “78” there is inserted “ 106B ”.

(3) In paragraph 2—

(a) in sub-paragraph (1)(a), for “subsections (1) and (4)” there is substituted “ subsections (1), (4) and (6A) ”,

(b) after that sub-paragraph there is inserted—

(aa) in relation to an appeal under section 106B, as he has under that section

;

(d) in sub-paragraph (1)(c) “and subsection (5) of section 196” is omitted;

(e) in sub-paragraph (1)(d) for “and (8)” there is substituted “ to (8A) ”;

(f) in sub-paragraph (2) after “79(2)” there is inserted “ 106B(4) ”; and

(g) in sub-paragraph (8) “or 290” is omitted.

(4) In paragraphs 3(2) and 4(2) after “under” there is inserted “ any provision of a development order made by virtue of ”.

55

In Schedule 8, in paragraphs 3(2) and 4(5)(a) for “section 71(1) or (2)” there is substituted “ any provision of a development order made by virtue of section 71(2)(a) ”.

56

In Schedule 13, in paragraph 5, for “functions of a government department, local authority or statutory undertakers” there is substituted “ such functions as are mentioned in paragraph 1(a)(i) or (ii). ”

57

(1) Schedule 16 is amended as follows.

(2) In Part I—

(a) in the entry relating to sections 61 to 64 for “to 64” there is substituted “ and 62 ”,

(b) after the entry for section 70 there is inserted— “ Section 70A. ”,

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.