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 6A(4) of 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)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)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.

Consideration of objections without an inquiry or other hearing

16.-(1) If objections have been duly made to a proposed unitary development plan and not withdrawn, but no local inquiry or other hearing is held because the persons making those objections have indicated in writing that they do not wish to appear, the local planning authority shall prepare a statement of their decisions as respects all the objections and their reason for each decision.

(2) Regulation 15(2) shall apply to a statement prepared pursuant to paragraph (1) of this regulation as it applies to a statement prepared pursuant to regulation 15(1).

Action prior to adopting a unitary development plan

17.-(1) Where a local planning authority are disposed to adopt a unitary development plan, they shall before doing so-

(a)publish a notice by local advertisement in Form 4;

(b)serve a notice in similar form on any person who has duly objected to the plan or to any proposed modifications thereto and not withdrawn his objection and on any other person whom they consider should be given notice; and

(c)where the Secretary of State has given a direction to the authority under paragraph 6A(1) of Schedule 1 to consider modifying the plan, make available for public inspection-

(i)a copy of the direction;

(ii)particulars of any modifications made to comply with the direction and of the manner in which and extent to which they do so;

(iii)where modifications have not been made, a statement of the reasons for not doing so; and

(iv)a copy of any notification by the Secretary of State that he is satisfied with the modifications made or that the direction is withdrawn.

(2) The local planning authority shall after complying with paragraph (1) send the Secretary of State-

(a)a certificate that they have so complied;

(b)particulars of any modifications that have been made to the plan otherwise than in consequence of the giving by him of a direction.

(3) Without prejudice to paragraphs 5(3) and 6A(2) of Schedule 1 and paragraph (4) of this regulation, a local planning authority shall not adopt a unitary development plan until at least 28 days after complying with paragraph (2).

(4) If before the local planning authority have adopted a unitary development plan, the Secretary of State directs them not to adopt it until he has decided whether to give them a direction under paragraph 7(1) of Schedule 1 in relation to the plan, they shall not adopt the plan until he has notified them of his decision.

(5) Where, after the local planning authority have complied with paragraph (1), the Secretary of State gives the authority a direction under paragraph 6A(1) of Schedule 1, the authority shall again comply with paragraphs (1) and (2) above before adopting the plan.

Notice of adoption of a unitary development plan

18.-(1) When a local planning authority adopt a unitary development plan they shall give notice by advertisement in Form 5 and shall serve a notice in similar form on any person who has duly requested to be notified of the decision reached about the plan and such other persons as they consider appropriate; and a copy of the notice given by advertisement and of the plan adopted and of a statement of the effect of section 244(1) and (2) of the Town and Country Planning Act 1971(5) in its application to unitary development plans shall be made available for inspection at all reasonable hours at their office and such other places as they consider appropriate.

(2) The local planning authority shall, not later than the date on which notice is first given by advertisement in accordance with paragraph (1), send two copies of the adopted plan to the Secretary of State.

Modification of a proposed plan by the Secretary of State

19. Where the Secretary of State is minded to approve with modifications a unitary development plan (or part of a plan) submitted to him in accordance with paragraph 7(1) of Schedule 1, he shall send a list of the modifications to the local planning authority and the authority shall upon receipt of the list-

(a)publish a notice by local advertisement in Form 6; and

(b)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 on whom the Secretary of State directs them to serve such a notice:

Provided that nothing in this regulation shall require a local planning authority to take any action as respects any modification if the Secretary of State has informed the authority that in his opinion the modification in question does not materially affect the content of the plan.

Notice of an examination, inquiry or other hearing on behalf of the Secretary of State

20.-(1) Where the Secretary of State causes a local inquiry or other hearing to be held for the purpose of considering objections to a unitary development plan or part of a plan submitted to him under paragraph 7 of Schedule 1, or to modifications which he proposes to make to such a plan, he shall give such notice as the local authority would be required to give by regulation 13 if they were proposing to hold an inquiry or other hearing.

(2) Paragraph (1) applies where the Secretary of State causes an examination in public to be held under paragraph 9(4) of Schedule 1 as if that examination were a local inquiry.

Notification of a decision by the Secretary of State

21. The local planning authority shall on being notified by the Secretary of State whether he has approved or rejected in accordance with paragraph 8 of Schedule 1 the whole, or any part, of a unitary development plan submitted to him for his approval, give notice by advertisement in Form 7 of the Secretary of State's decision; and shall serve a notice in similar terms on anyone who, in response to an invitation in a notice given or served in accordance with these regulations, has asked to be informed of the decision reached about the plan and on any other person on whom the Secretary of State directs that such a notice shall be served.

Joint plans

22. In relation to joint plans prepared pursuant to paragraph 12(6) of Schedule 1,-

(i)regulation 4 shall have effect as if it referred to paragraph 12(2) (and not paragraph 3(1)) of Schedule 1 and to the relevant authorities;

(ii)regulation 26 shall have effect as if it referred to paragraph 12(2)(a) (and not paragraph 3(1)(a)); and

(iii)these Regulations shall otherwise apply subject to any necessary modifications.

Alteration or replacement

23.-(1) These Regulations apply in relation to the alteration or replacement of a unitary development plan as they apply in relation to the making of such a plan: but subject to paragraphs (2) to (6) below and to any necessary modifications.

(2) Where the short procedure set out in paragraph 10A of Schedule 1(7) is employed, the reasoned justification for the alteration or replacement of the existing plan shall include a statement of the reasons for employing that procedure.

(3) The period prescribed pursuant to paragraph 10A(4) for making representations about proposals is a period of six weeks beginning from the date when the authority first give notice in accordance with paragraph (4) below.

(4) A local planning authority making documents available for inspection in accordance with paragraph 10A(2) shall give notice by advertisement in Form 8.

(5) Regulation 10(1) shall apply in a case where the short procedure is employed as if it referred to paragraph (4) above (and not regulation 9).

(6) Notification of withdrawal pursuant to paragraph 10A(7)(b) shall be substantially in Form 2.

Availability of documents for inspection

24. Documents made available for inspection pursuant to Schedule 1 or to these Regulations shall be so available at the place and times specified by the authority when giving notice by advertisement of their availability for inspection: and, unless the plan is withdrawn, shall remain so available until the expiration of six weeks from the date of publication of the notice of adoption, approval or rejection of the plan.

Making of unitary development plans by the Secretary of State

25.-(1) Subject to paragraph (2), the preceding Regulations apply, so far as practicable and with any necessary modifications, to the making, alteration or replacement of a unitary development plan by the Secretary of State as they apply to the making, alteration or replacement of such a plan by the local planning authority.

(2) Except when the Secretary of State otherwise directs, any notice or notification required to be given in connection with the making, alteration or replacement of a unitary development plan by him shall be given by the local planning authority.

Availability of copy documents

26. A local planning authority preparing a unitary development plan shall on request and on payment of a reasonable fee provide a copy of any plan or other document made public or available for inspection pursuant to paragraphs 3(1)(a) or (2) of Schedule 1.

Printing of unitary development plans

27.-(1) As soon as practicable after a unitary development plan becomes operative, the local planning authority shall secure that printed copies of the plan, as adopted or approved, are available for inspection and, on payment of a reasonable charge, for purchase.

(2) Paragraph (1) does not apply to any alteration to a unitary development plan unless the Secretary of State otherwise directs: but any reprint of a plan shall incorporate all subsisting alterations.

SCHEDULE(Forms of Notice)

Regulations 9 and 23

Form 1:Form of notice of preparation and deposit of a unitary development plan or of alterations to such a plan or of a replacement plan (otherwise than by the short procedure).

Regulations 11 and 23

Form 2:Form of notice of withdrawal of copies of a unitary development plan or of alterations to such a plan or of a replacement plan.

Regulations 12 and 23

Form 3:Form of notice of local planning authority's proposal to modify a unitary development plan or to modify alterations to such a plan or a replacement plan.

Regulations 17 and 23

Form 4:Form of notice of intention to adopt a unitary development plan, alterations to such a plan or a replacement plan.

Regulations 18 and 23

Form 5:Form of notice of adoption of a unitary development plan, or of alterations to such a plan or of a replacement plan.

Regulations 19 and 23

Form 6:Form of notice of proposed modifications by the Secretary of State to a unitary development plan or to alterations to such a plan or to a replacement plan.

Regulations 21 and 23

Form 7:Form of notice of approval or rejection of a unitary development plan or of alterations to such a plan or of a replacement plan by the Secretary of State.

Regulation 23

Form 8:Form of notice of preparation and deposit of alterations to a unitary development plan or of a replacement plan by the short procedure.

Explanatory Note

(This note is not part of the Regulations)

The Local Government Act 1985 abolished the Greater London Council and metropolitan county councils. Schedule 1 to that Act provides for a new form of development plan under town and country planning legislation for Greater London and the metropolitan counties (the unitary development plan).

London borough and metropolitan district councils are to prepare such plans when Part I of Schedule 1 is brought into force in their areas.

These regulations amplify the procedures laid down in that Part for the making, alteration and replacement of such plans and make further provision as to the content of plans (regulations 7 and 8).

They prescribe periods for making representations and objections (regulations 4 and 10); specify the form of certain notices (regulations 9, 11, 12, 17 to 19, 21 and 23 and the Schedule); and lay down procedures for the modification of published proposals by the local planning authority (regulation 12). They also specify the notice to be given of public inquiries and hearings (regulations 13 and 20) and the manner in which an authority is to publicise the action it takes on receipt of the report of an inquiry or hearing (regulation 15).

Regulations 22, 23 and 25 apply the regulations, with modifications, to joint unitary development plans; proposals to alter or replace such plans; and the making, altering or replacement of unitary development plans by the Secretary of State.

Regulations 24, 26 and 27 deal with the availability of documents including printed copies of plans once they are operative.