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(4) An old policy is a policy which (immediately before the commencement of | |
section 37) forms part of a development plan for the purposes of section 27 | |
or 54 of the principal Act. | |
(5) A new policy is a policy which is contained in— | |
(a) a revision of an RSS; | 5 |
(b) an alteration or replacement of the spatial development strategy; | |
(c) a development plan document. | |
(6) But— | |
(a) an old policy contained in a structure plan is replaced only by a new | |
policy contained in a revision to an RSS; | 10 |
(b) an old policy contained in a waste local plan or a minerals local plan | |
is replaced in relation to any area of a county council for which there | |
is a district council only by a new policy contained in a development | |
plan document which is prepared in accordance with a minerals and | |
waste development scheme. | 15 |
(7) A new policy is published if it is contained in— | |
(a) a revision of an RSS published by the Secretary of State under section | |
8(6); | |
(b) an alteration or replacement of the Mayor of London’s spatial | |
development strategy published in pursuance of section 337 of the | 20 |
Greater London Authority Act 1999 (c. 29). | |
(8) A new policy is adopted or approved if it is contained in a development plan | |
document which is adopted or approved for the purposes of Part 2. | |
(9) A minerals and waste development scheme is a scheme prepared in | |
accordance with section 15. | 25 |
(10) The development plan mentioned in sub-paragraph (1)(b) does not include | |
a street authorisation map which continued to be treated as having been | |
adopted as a local plan by virtue of paragraph 4 of Part 3 of Schedule 2 to the | |
principal Act. | |
Structure plans | 30 |
2 (1) This paragraph applies to proposals for the alteration or replacement of a | |
structure plan for the area of a local planning authority. | |
(2) If before the commencement of Part 1 of this Act the authority have | |
complied with section 33(2) of the principal Act (making copies of proposals | |
and the explanatory memorandum available for inspection) the provisions | 35 |
of Chapter 2 of Part 2 of the principal Act continue to have effect in relation | |
to the proposals. | |
(3) In any other case— | |
(a) the authority must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | 40 |
(4) If the proposals are adopted or approved by virtue of sub-paragraph (2) | |
above, paragraph 1 of this Schedule applies to the policies contained in the | |
proposals as if— | |
(a) they were policies contained in a development plan within the | |
meaning of section 54 of the principal Act; | 45 |
(b) the date of commencement of section 37 is the date when the | |
proposals are adopted or approved (as the case may be). | |
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Unitary development plan | |
3 (1) This paragraph applies to proposals for the alteration or replacement of a | |
unitary development plan for the area of a local planning authority. | |
(2) If before the commencement of Part 2 of this Act the authority have not | |
complied with section 13(2) of the principal Act (making copies of the | 5 |
proposals available for inspection)— | |
(a) they must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | |
(3) In any other case paragraph 4 or 5 below applies. | |
4 (1) This paragraph applies if— | 10 |
(a) before the commencement of Part 2 of this Act the local planning | |
authority is not required to cause an inquiry or other hearing to be | |
held by virtue of section 16(1) of the principal Act (inquiry must be | |
held if objections made), or | |
(b) before the beginning of the prescribed period a person is appointed | 15 |
under that section to hold an inquiry or other hearing. | |
(2) If this paragraph applies the provisions of Chapter 1 of Part 2 of the principal | |
Act continue to have effect in relation to the proposals. | |
(3) The prescribed period is such period before the commencement of Part 2 of | |
this Act as the Secretary of State prescribes for the purposes of this | 20 |
paragraph. | |
5 (1) If paragraph 4 does not apply the provisions of Chapter 1 of Part 2 of the | |
principal Act continue to have effect in relation to the proposals subject to | |
the modifications in sub-paragraphs (2) to (5) below. | |
(2) If before the commencement of Part 2 of this Act the local planning authority | 25 |
have not published revised proposals in pursuance of regulations under | |
section 26 of the principal Act— | |
(a) any provision of the regulations relating to publication of revised | |
proposals must be ignored, | |
(b) the authority must comply again with section 13(2) of the principal | 30 |
Act. | |
(3) If before the commencement of Part 2 of this Act the local planning authority | |
have published revised proposals in pursuance of regulations under section | |
26 of the principal Act the authority must comply again with section 13(2) of | |
that Act. | 35 |
(4) Any provision of regulations under section 26 of the principal Act which | |
permits the local planning authority to modify proposals after an inquiry or | |
other hearing has been held under section 16 of that Act must be ignored. | |
(5) If such an inquiry or other hearing is held the authority must adopt the | |
proposals in accordance with the recommendations of the person appointed | 40 |
to hold the inquiry or other hearing. | |
6 If proposals are adopted in pursuance of paragraph 4 or 5 above paragraph | |
1 of this Schedule applies to the policies contained in the proposals as if— | |
(a) they were policies contained in a development plan for the purposes | |
of section 27 of the principal Act; | 45 |
(b) the date of commencement of section 37 is the date when the | |
proposals are adopted or approved. | |
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Local plan | |
7 (1) This paragraph applies to proposals for the alteration or replacement of a | |
local plan for the area of a local planning authority. | |
(2) If before the commencement of Part 2 of this Act the authority have not | |
complied with section 40(2) of the principal Act (making copies of the | 5 |
proposals available for inspection)— | |
(a) they must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | |
(3) In any other case paragraph 8 or 9 below applies. | |
8 (1) This paragraph applies if— | 10 |
(a) before the commencement of Part 2 of this Act the local planning | |
authority is not required to cause an inquiry or other hearing to be | |
held by virtue of section 42(1) of the principal Act (inquiry must be | |
held if objections made), or | |
(b) before the beginning of the prescribed period a person is appointed | 15 |
under that section to hold an inquiry or other hearing. | |
(2) If this paragraph applies the provisions of Chapter 2 of Part 2 of the principal | |
Act continue to have effect in relation to the proposals. | |
(3) The prescribed period is such period before the commencement of Part 2 of | |
this Act as the Secretary of State prescribes for the purposes of this | 20 |
paragraph. | |
9 (1) If paragraph 8 does not apply the provisions of Chapter 2 of Part 2 of the | |
principal Act continue to have effect in relation to the proposals subject to | |
the modifications in sub-paragraphs (2) to (5) below. | |
(2) If before the commencement of Part 2 of this Act the local planning authority | 25 |
have not published revised proposals in pursuance of regulations under | |
section 53 of the principal Act— | |
(a) any provision of the regulations relating to publication of revised | |
proposals must be ignored, | |
(b) the authority must comply again with section 40(2) of the principal | 30 |
Act. | |
(3) If before the commencement of Part 2 of this Act the local planning authority | |
have published revised proposals in pursuance of regulations under section | |
53 of the principal Act the authority must comply again with section 40(2) of | |
that Act. | 35 |
(4) Any provision of regulations under section 53 of the principal Act which | |
permits the local planning authority to modify proposals after an inquiry or | |
other hearing has been held under section 42 of that Act must be ignored. | |
(5) If such an inquiry or other hearing is held the authority must adopt the | |
proposals in accordance with the recommendations of the person appointed | 40 |
to hold the inquiry or other hearing. | |
10 If proposals are adopted in pursuance of paragraph 8 or 9 above paragraph | |
1 of this Schedule applies to the policies contained in the proposals as if— | |
(a) they were policies contained in a development plan for the purposes | |
of section 54 of the principal Act; | 45 |
(b) the date of commencement of section 37 is the date when the | |
proposals are adopted or approved. | |
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Minerals and waste local plans | |
11 Paragraphs 7 to 10 above apply to a minerals local plan and a waste local | |
plan as they apply to a local plan and references in those paragraphs to a | |
local planning authority must be construed as including references to a | |
mineral planning authority and an authority who are entitled to prepare a | 5 |
waste local plan. | |
Schemes | |
12 (1) This paragraph applies to— | |
(a) the local development scheme which a local planning authority are | |
required to prepare and maintain under section 14 of this Act; | 10 |
(b) the minerals and waste development scheme which a county council | |
are required to prepare and maintain for any part of their area for | |
which there is a district council. | |
(2) During the transitional period the local planning authority or county council | |
(as the case may be) must include in the scheme as a development plan | 15 |
document— | |
(a) any plan or document which relates to an old policy (for the | |
purposes of paragraph 1 above) which has not been replaced by a | |
new policy; | |
(b) any proposals adopted by virtue of paragraphs 3 to 10 above. | 20 |
Regulations and orders | |
13 (1) The Secretary of State may by regulations make provision for giving full | |
effect to this Schedule. | |
(2) The regulations may, in particular— | |
(a) make such provision as he thinks is necessary in consequence of this | 25 |
Schedule; | |
(b) make provision to supplement any modifications of the principal Act | |
required by this Schedule; | |
(3) The Secretary of State may by order make such provision as he thinks is | |
necessary in consequence of anything done under or by virtue of this | 30 |
Schedule. | |
(4) Provision under sub-paragraph (3) includes provisions corresponding to | |
that which could be made by order under Schedule 2 of the principal Act. | |
Interpretation | |
14 (1) References to section 27 of the principal Act must be construed subject to | 35 |
section 28(3)(a) and (c) of that Act. | |
(2) RSS must be construed in accordance with Part 1 of this Act. | |
(3) Development plan document must be construed in accordance with Part 2 | |
of this Act. | |
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