The Town and Country Planning (Development Plan) (Amendment) Regulations 1997
S.I. 1997/531 · Made 26 February 1997
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TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
Made 26th February 1997
Laid before Parliament 3rd March 1997
Coming into force 24th March 1997
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 12, 26, 31, 36, 37(4), 38(5), 53 and 336(1) of, and paragraph 4 of Part 1 and paragraph 17 of Part II of Schedule 2 to the Town and Country Planning Act 1990f1 and of all other powers enabling them in that behalf hereby make the following regulations—
Annotations to the whole text
Footnotes
f1
1990 c. 8. Sections 12, 26, 31 and 53 were amended by paragraphs 2, 15, 16 and 28 of Schedule 4 to the Planning and Compensation Act 1991. Section 13 was substituted by paragraph 4, sections 33, 36, 37(4), 38(5) and 40 by paragraph 17, section 46 by paragraph 22, and paragraph 4 of Part 1 and paragraph 17 of Part II of Schedule 2 by paragraph 36(2), of Schedule 4 to the 1991 Act. Part 1A of Schedule 2 was inserted by paragraph 8 of Schedule 5 to the Local Government (Wales) Act 1994 (c. 19). See the definition of “prescribed” in section 336(1).
These Regulations may be cited as the Town and Country Planning (Development Plan) (Amendment) Regulations 1997 and shall come into force on 24th March 1997.
In regulation 2(1) (interpretation), after the definition of “by local advertisement” insert the following definition—
““national waste strategy” means a statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England and Wales, and which is made under section 44A of the Environmental Protection Act 1990;”f1.
In regulation 9 (regard to be had to certain matters and statement of regard)—
(a)
at the end of paragraph (1)(b), delete “and”;
(b)
at the end of paragraph (1)(c), delete “area.” and insert
“area; and
(d)
national waste strategy.”;
(c)
in paragraph (2), after “section 50 of the Environmental Protection Act 1990” insert “f1 or to the national waste strategy as the case may be”;
(d)
for paragraph (3)(b), substitute—
“(b)
the regard which the authority have had in formulating their waste policies in Part II to any waste disposal plan for their area or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy; and”;
(e)
for paragraph (5)(b), substitute—
“(b)
in the case of a waste local plan, or a local plan or a minerals local plan containing waste policies, the regard which the local planning authority have had in formulating their waste policies to any waste disposal plan or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy.”.
NOTICE OF DEPOSIT OF PROPOSALS FOR A STATUTORY PLAN OR FOR THE ALTERATION OR REPLACEMENT OF A STATUTORY PLAN
Town and Country Planning Act 1990
Regulation 11
FORM 2:
NOTICE OF WITHDRAWAL OF PROPOSALS FOR A STATUTORY PLAN OR FOR THE ALTERATION OR REPLACEMENT OF A STATUTORY PLAN
Town and Country Planning Act 1990
Regulation 13
FORM 3:
NOTICE OF INTENTION TO ADOPT PROPOSALS FOR A STATUTORY PLAN OR FOR THE ALTERATION OR REPLACEMENT OF A STATUTORY PLAN WITHOUT PROPOSING MODIFICATIONS OR FURTHER MODIFICATIONS
Town and Country Planning Act 1990
Regulations 16 and 17
FORM 4:
NOTICE OF INTENTION TO ADOPT AND OF PROPOSED MODIFICATIONS TO PROPOSALS FOR A STATUTORY PLAN OR FOR THE ALTERATION OR REPLACE MENT OF A STATUTORY PLAN
Town and Country Planning Act 1990
Regulation 18
FORM 5:
NOTICE OF ADOPTION OF PROPOSALS FOR A STATUTORY PLAN OR FOR THE ALTERATION OR REPLACEMENT OF A STATUTORY PLAN
Town and Country Planning Act 1990
Regulation 20
FORM 6:
NOTICE OF PROPOSED MODIFICATIONS BY THE SECRETARY OF STATE TO PROPOSALS FOR A STATUTORY PLAN OR THE ALTERATION OR REPLACEMENT OF A STATUTORY PLAN SUBMITTED TO HIM FOR HIS APPROVAL
Town and Country Planning Act 1990
Regulation 24
FORM 7:
NOTICE OF APPROVAL OR REJECTION BY THE SECRETARY OF STATE OF PROPOSALS FOR A STATUTORY PLAN OR THE ALTERATION OR REPLACEMENT OF A STATUTORY PLAN SUBMITTED TO HIM FOR HIS APPROVAL
These regulations amend the Town and Country Planning (Development Plan) Regulations 1991. The 1991 Regulations make provision for the form and content of structure plans, local plans, minerals local plans, waste local plans and unitary development plans made under the Town and Country Planning Act 1990 and the procedure for the making, alteration and replacement of such plans. They also set out rules for resolving conflict between and within such plans.
The main changes to the 1991 Regulations are as follows:
(a)
to require local planning authorities to have regard to any future national waste strategy in formulating development plans (regulations 3 and 4). The national waste strategy has not yet been prepared but a White Paper on a strategy for sustainable waste management in England and Wales “Making Waste Work” was presented to Parliament by the Secretary of State for the Environment and the Secretary of State for Wales in December 1995 (Cm 3040 London: HMSO);
(b)
to require a local planning authority, including a new National Park Authority as the sole local planning authority for the Park area, to consult any local authority or urban development corporation for an area covered by the development plan proposals (regulation 5);
(c)
to require a local planning authority, in giving notice of its intended adoption of its plan proposals without modifications or further modifications, or of its intended modifications to its plan proposals, to serve notice not just on anyone who has made an objection or representation, but also on any other person who the authority considers should be given notice (regulations 6(a) and 7(a));
(d)
to replace the prescribed forms (regulation 9 and the Schedule).
Paragraph 233(1) of Schedule 22 to the Environment Act 1995 provides, inter alia, that in any subordinate legislation for any reference to the National Rivers Authority there shall be substituted a reference to the Environment Agency.
