OpenLegislation

Section 23 Joint unitary development plans.C1

England and Wales

(1)

A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the previous provisions of this Chapter shall, in relation to any such joint plan or proposals, have effect subject to the following provisions of this section.

F1(2)

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(3)

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(4)

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(5)

Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by subsection F2(2) of section 13 of making copies of the plan available for inspection.

(6)

Objections to such a plan may be made to any of those authorities and the statement required by subsection F3(3) of section 13 to accompany copies of the plan shall state that objections may be so made.

(7)

It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.

(8)

Where a unitary development plan has been prepared jointly, the power of F4preparing proposals in respect of the plan under section 21 may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that section direct any of them to prepare proposals as respects their respective areas.

(9)

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(10)

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(11)

The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.

Annotations

Textual amendments

F1

S. 23(2)-(4)(9)(10) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 14(a) (with s. 84(5)); S.I. 1991/2728, art. 2 and repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. I, para. 14(a), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

F2

Word in s. 23(5) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch.4 Pt. I, para. 14(b) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F3

Word in s. 23(6) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 14(c) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F4

Words in s. 23(8) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 14(d) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

Modifications

C1

S. 23 restricted (in respect of the presence of a hazardous substance without hazardous substances consent during the period of 28 days beginning with 1.6.1992) by S.I. 1992/725, art. 4

Notes on Part II

Textual amendments

F1

Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)

Notes on Chapter I

Modifications

C1

Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)