Town and Country Planning (Development Plan) (England) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/3280 |
| Year | 1999 |
1999 No. 3280
TOWN AND COUNTRY PLANNING, ENGLAND
The Town and Country Planning (Development Plan) (England) Regulations 1999
Made 8th December 1999
Laid before Parliament 14th December 1999
Coming into force 4th January 2000
The Secretary of State for the Environment, Transport and the Regions, exercising the powers conferred on him by sections 12, 13, 26, 31, 33, 36, 37, 38, 40, 46, 53 and 336(1) of the Town and Country Planning Act 19901and, being a Minister designated2for the purposes of section 2(2) of the European Communities Act 19723in relation to the prevention and limitation of the effects of accidents involving dangerous substances, exercising the powers conferred upon him by that section, and exercising all other relevant powers, hereby makes the following regulations–
PART 1
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Town and Country Planning (Development Plan) (England) Regulations 1999 and shall come into force on 4th January 2000.
(2) These Regulations extend to England only.
Interpretation
2.—(1) In these Regulations–
“the 1990 Act” means the Town and Country Planning Act 1990;
“by advertisement” means by publication in the London Gazette and by local advertisement;
“by local advertisement” means by publication on at least one occasion in two successive weeks in a local newspaper circulating in the area of the local planning authority;
“national waste strategy” means any statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England, and which is made under section 44A of the Environmental Protection Act 19904, or, pending the publication of the first such statement, any relevant waste disposal plan prepared under section 50 of that Act5;
“statutory plan” means a unitary development plan, structure plan, local plan, minerals local plan or waste local plan;
“statutory plan proposals” means proposals for a statutory plan or for the alteration or replacement of a statutory plan.
(2) In these Regulations–
(a)
(a) a reference to a section (other than to a section of a specific Act) is a reference to that section of the 1990 Act;
(b)
(b) a reference to a numbered form is a reference to the correspondingly numbered form in the Schedule to these Regulations;
(c)
(c) in relation to the making, alteration or replacement of a statutory plan by two or more local planning authorities jointly, a reference to a local planning authority shall be read as a reference to all of the local planning authorities making, altering or replacing the plan.
Application
3. These Regulations apply with respect to–
(a) the form and content of unitary development plans and the procedure to be followed in connection with the making, alteration and replacement of such plans under Chapter I of Part II of the 1990 Act;
(b) the form and content of structure plans and the procedure to be followed in connection with the alteration and replacement of such plans under Chapter II of Part II of the 1990 Act;
(c) the form and content of local plans, minerals local plans and waste local plans and the procedure to be followed in connection with the making, alteration and replacement of such plans under Chapter II of Part II of the 1990 Act.
PART 2
FORM AND CONTENT OF STATUTORY PLANS
Title
4.—(1) The title of a statutory plan shall consist of the name of the area of the local planning authority followed by “unitary development plan”, “structure plan”, “local plan”, “minerals local plan” or “waste local plan”, as the case may be.
(2) Where policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste (“minerals policies”) are included in a local plan or waste policies are included in a local plan or a minerals local plan, the local plan or minerals local plan including such policies shall have a sub-title consisting of the words “including minerals policies”, “including waste policies” or “including minerals and waste policies”, as the case may be.
Structure plan diagrams
5.—(1) A structure plan shall contain a diagram, called the key diagram, illustrating the general policies formulated in the plan’s written statement.
(2) A structure plan may also contain a diagram, called an inset diagram, drawn to a larger scale than the key diagram, and illustrating the application of the general policies to part of the area covered by the structure plan.
(3) Where an inset diagram is included in a structure plan, the area covered by the inset diagram shall be identified on the key diagram and the application of the general policies to that area shall be illustrated on that inset diagram only.
(4) No key diagram or inset diagram contained in a structure plan shall be on a map base.
(5) The title of a structure plan shall be set out on the key diagram and on any inset diagram contained in the plan and the key diagram and any inset diagram shall include an explanation of any symbol or notation used in the diagram.
Maps
6.—(1) The map required by section 12(4)(b) to be included in a unitary development plan, and by section 36(6)(a) to be included in a local plan, a minerals local plan and a waste local plan, shall be called the proposals map and 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) Policies for any part of the authority’s area may be illustrated on a separate map on a larger scale than the proposals map, called an inset map.
(3) Where an inset map is included in a plan, the area covered by the inset map shall be identified on the proposals map and the policies for that area shall be illustrated on that inset map only.
(4) The title (and any sub-title) of a statutory plan mentioned in paragraph (1) shall be set out on the proposals map and any inset map contained in the plan and the proposals map and any inset map shall show the scale to which it has been prepared and include an explanation of any symbol or notation used in the map.
Reasoned justification
7.—(1) A local plan, minerals local plan and waste local plan shall contain a reasoned justification of the policies formulated in the plan.
(2) The reasoned justification shall be set out so as to be readily distinguishable from the other contents of the plan.
PART 3
ACTION AREAS
Action areas: prescribed period
8. The period prescribed for the purpose of sections 12(8) and 36(7) (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 section 13(2)(a) or 40(2)(a), as the case may be.
PART 4
PROCEDURE—STRUCTURE PLANS
Regard to be had to certain matters and statement of regard
9.—(1) In formulating their general policies in a structure plan, the local planning authority shall, in addition to the matters specified in section 31(6), have regard to–
(a)
(a) economic, environmental and social considerations;
(b)
(b) the national waste strategy;
(c)
(c) the objectives of preventing major accidents and limiting the consequences of such accidents; and
(d)
(d) the need;
(i) in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular sensitivity or interest; and
(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.
(2) The explanatory memorandum accompanying proposals for the alteration or replacement of a structure plan shall contain a statement of the regard which the local planning authority have had in formulating their general policies to the matters specified in section 31(6) and paragraph (1).
(3) In this regulation “the Directive” means Council Directive 96/82/ECon the control of major-accident hazards involving dangerous substances6.
(4) Expressions appearing both in the Directive and in paragraph (1) have the same meaning as in the Directive.
Pre-deposit consultation
10.—(1) When preparing proposals for the alteration or replacement of a structure plan under section 33(1), and before finally determining the contents of the proposals, the local planning authority shall consult–
(a)
(a) the Secretary of State for the Environment, Transport and the Regions;
(b)
(b) any other local authority (except the council of any parish) for an area covered by the proposals;
(c)
(c) any local planning authority for an area adjacent to the area covered by the proposals;
(d)
(d) the Environment Agency7;
(e)
(e) the Countryside Agency8and the Nature Conservancy Council for England9;
(f)
(f) the Historic Buildings and Monuments Commission for England10.
(2) The local planning authority shall consider any representations made by the consultees before finally determining the contents of the proposals.
(3) The local planning authority shall prepare a statement of any other persons they have consulted when preparing their proposals, in addition to those listed in paragraph (1), and of any steps they have taken to publicise their proposals and to provide persons with an opportunity of making representations in respect of those proposals.
Deposit of proposals
11.—(1) A local planning authority making proposals for the alteration or replacement of a structure plan available for inspection in accordance with section 33(2)(a), shall–
(a)
(a) make the proposals available at their principal office and at such other...
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