Town and Country Planning (Unitary Development Plans) Regulations 1988
1988 No. 139
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Town and Country Planning (Unitary Development Plans) Regulations 1988
Made 1st February 1988
Laid before Parliament 8th February 1988
Coming into force 29th February 1988
The Secretary of State in exercise of the powers conferred upon him by section 4(3) of, and paragraphs 2(2)(b), (3) and (6), 3(1), 10(2), 10A(4), 12(2), 13(2) and 14(1) of Schedule 1 to, the Local Government Act 19851and sections 287(1) and 2902of the Town and Country Planning Act 19713and of all other powers enabling him in that behalf hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Town and Country Planning (Unitary Development Plans) Regulations 1988 and shall come into force on 29th February 1988.
Interpretation
2. In these Regulations,—
“by advertisement” means by publication in the London Gazette and by local advertisement;
“by local advertisement” means by an advertisement published on at least one occasion in two successive weeks in a local newspaper circulating in the area of the local planning authority;
“Schedule 1” means Schedule 1 to the Local Government Act 1985; and
references to a numbered form are references to the form so numbered in the Schedule hereto.
Application
3. These regulations apply—
(a) as respects the making of unitary development plans by local planning authorities for London boroughs and metropolitan districts;
(b) in accordance with regulation 22, as respects the making of such plans by such authorities jointly;
(c) in accordance with regulation 23, as respects the alteration or replacement of such plans; and
(d) as respects the approval by the Secretary of State of such plans or their alteration or replacement and, in accordance with regulation 25, as respects the making, alteration or replacement of such plans by him.
Prescribed period for making representations
4. The period prescribed pursuant to paragraph 3(1) of Schedule 1 as the period for making representations about the matters proposed to be included in a unitary development plan is a period of six weeks beginning with such later date as the local planning authority specify when first giving publicity to those matters.
Action Areas: prescribed period
5. The period prescribed pursuant to paragraph 2(6) of Schedule 1 (period for the commencement of comprehensive treatment of an action area) is a period of 10 years beginning with the date on which the relevant plan is first made available for inspection in accordance with paragraph 3(2) of Schedule 1.
Unitary development plans: title
6.—(1) A unitary development plan shall be given a title which comprises the name of the area of the local planning authority followed by the words “unitary development plan”.
(2) The title of the plan shall be set out on all documents forming part of, or annexed to, a unitary development plan.
Maps
7.—(1) Subject to paragraph (2) below, the map required by paragraph 2(2)(b)(ii) of Schedule 1 to be included in Part II of a unitary development plan (“the proposals map”) shall be a map of the authority’s area reproduced from, or based upon, an Ordnance Survey map and shall show National Grid lines and reference numbers.
(2) Proposals for any part of the authority’s area may be shown on a separate map (an “inset map”) to a larger scale.
(3) Where an inset map is included in a plan, the area covered by that map shall be delineated on the proposals map and the proposals for that area shown only on the inset map.
(4) All maps forming part of a unitary development plan shall bear an indication of their scale and all maps and diagrams forming part of such a plan or made available for inspection in connection with such a plan to indicate or explain the proposals in the plan shall carry an explanation of any symbols or notation used in them.
Explanations of policy
8. The reasoned justification of the general policies in Part I and of the proposals in Part II of a unitary development plan shall itself include—
(a) a statement of the regard which the authority have had in formulating the general policies in Part I to—
(i) any strategic guidance which the Secretary of State has given the authority to assist them in preparing the plan;
(ii) current national and regional policies;
(iii) the resources likely to be available to carry out the general policies set out in the plan;
(iv) social considerations;
(v) any policies and proposals of an urban development corporation which may, or may be expected to, affect their area; and
(b) a statement of the account which the authority have taken of any enterprise zone scheme in their area.
Proposed plan open to inspection: notice
9. A local planning authority making a proposed unitary development plan available for inspection in accordance with paragraph 3(2) of Schedule 1 shall—
(a) make available for inspection with the plan a copy of the statement mentioned in paragraph 3(3) of Schedule 1; and
(b) give notice by advertisement in Form 1.
Objections
10.—(1) The period afforded for making objections to a unitary development plan shall be six weeks beginning with the date on which a notice given pursuant to regulation 9 (or, in the case of modifications, regulation 12 or 19) is first published in a local newspaper.
(2) Objections shall be made in writing and addressed to the relevant local planning authority at their principal office.
Notice of withdrawal of a proposed plan
11.—(1) A local planning authority withdrawing a unitary development plan before it is adopted by them or approved by the Secretary of State (whether doing so pursuant to a direction given by him or otherwise) shall give notice by advertisement in Form 2.
(2) The notice required by paragraph 3(5) or 4(2) of Schedule 1 to be served on persons who have objected to a plan which is being withdrawn shall be in substantially the same form as the notice required to be given by paragraph (1) above.
(3) A copy of a notice withdrawing a unitary development plan shall be sent to the Secretary of State.
Modification of a proposed plan by the local planning authority
12. A local planning authority intending to modify a proposed unitary development plan (whether to comply with a direction given by the Secretary of State under paragraph 6A4of Schedule 1 or on their own initiative) shall, unless they are satisfied that the modifications they intend to make will not materially affect the content of the plan,—
(a) prepare a list of the modifications with their reasons for proposing them;
(b) publish a notice by local advertisement in Form 3; and
(c) serve a notice in similar form on any person who has duly objected to the plan and not withdrawn his objection and on any other person whom they consider should be given notice.
Notice of a local inquiry or other hearing
13. A local planning authority shall at least six weeks before the opening of any local inquiry or other hearing which they cause to be held to consider objections to a proposed unitary development plan or to proposed modifications to such a plan—
(a) give any person who has duly objected to the plan or proposed modifications and not withdrawn his objection and such other persons as they consider should be so advised, notice of the time and place at which the inquiry or other hearing is to be held and of its purpose; and
(b) in the case of an inquiry, give notice by local advertisement of the matters mentioned in head (a).
Local inquiry to be held in public
14. A local inquiry held to consider objections to a proposed unitary development plan or to proposed modifications to such a plan shall be held in public.
Consideration of the report of a local inquiry or other hearing
15.—(1) Where a local planning authority cause a local inquiry or other hearing to be held for a purpose mentioned in regulation 13, the authority shall after considering the report of the person appointed to hold the inquiry or hearing prepare a statement of—
(a)
(a) the decisions they have reached in the light of the report and any recommendations as to the action to be taken (or not to be taken) contained in the report; and
(b)
(b) of the reasons for those decisions.
(2) The local planning authority shall make a copy of any such report and statement of decisions and reasons available for inspection from the date on which notice is first given under regulation 17(1) or, where a list of proposed modifications or further proposed modifications to the plan is made available for inspection after the statement has been prepared, from the date on which that list is so made available.
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