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Planning and Compulsory Purchase Bill


Planning and Compulsory Purchase Bill
Schedule 5 — Transitional provisions: Parts 1 and 2

    73

 

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

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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—

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              (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

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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

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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

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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

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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.

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          (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

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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;

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              (b)             the date of commencement of section 37 is the date when the

proposals are adopted or approved.

 

 

Planning and Compulsory Purchase Bill
Schedule 5 — Transitional provisions: Parts 1 and 2

    74

 

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

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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;

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              (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

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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.

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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

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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

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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

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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.

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Repeals

    75

 

Schedule 6

Section 85

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

Land Compensation Act 1973

Sections 34 to 36

 
 

(c. 26)

In section 87(1) in the definition of “dwelling”,

 

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“(except in section 29)”

 
 

Greater London Council

In section 24(4) the second “Greater London

 
 

(General Powers) Act 1973 (c.

development plan”

 
 

xxx)

  
 

Town and Country Planning

Part 2

 

10

 

Act 1990 (c. 8)

In section 71, subsection (3) and in subsection

 
  

(4) the definition of site licence

 
  

Section 73(3)

 
  

Section 83(1)

 
  

Section 92

 

15

  

In section 220(3), the expression “62”

 
  

In section 226, in subsection (1) the first “which”

 
  

and subsection (2)

 
  

In section 284(1), paragraph (a)

 
  

In section 287, in subsection (5), paragraph (a)

 

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and in each of paragraphs (b) to (e) the words

 
  

“by virtue of subsection (3)” and subsection

 
  

(6)

 
  

Section 303(6)

 
  

In section 303A, in subsection (5) the words “or

 

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appointed as one of the persons who are to

 
  

hold it”, the words “(in addition to what may

 
  

be recovered by virtue of the appointment of

 
  

any other person)” and in paragraph (c) the

 
  

words “(or, in a case where that person is

 

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appointed as one of the persons who are to

 
  

hold the qualifying inquiry, an appropriate

 
  

proportion of any costs attributable to the

 
  

appointment of an assessor to assist those

 
  

persons)” and subsections (7) to (9)

 

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In Schedule 1, paragraph 2, in paragraph 3(7)

 
  

the words “but paragraph 4 shall apply to

 
  

such applications instead”, 4(2) and 7

 
  

In Schedule 2, Parts 1, 2 and 3

 
  

In Schedule 7, paragraphs 3 and 4

 

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Planning (Listed Buildings and

In section 10, in subsection (2) the words “shall

 
 

Conservation Areas) Act 1990

be made in such form as the authority may

 
 

(c. 9)

require and” and in subsection (3) the word

 
  

“and” after paragraph (b).

 
  

Section 67(3) to (5)

 

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In section 91(2) ““development plan””

 
  

In Schedule 4, in paragraph 3, sub-paragraph (b)

 
  

and “and” preceding it

 
 

Planning and Compensation

Section 17(1)

 
 

Act 1991 (c. 34)

In Schedule 4, Part 3

 

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Planning and Compulsory Purchase Bill
Schedule 6 — Repeals

    76

 
 

Short title and chapter

Extent of repeal

 
 

Planning and Compensation

In Schedule 18, Part 2 in the entry relating to the

 
 

Act 1991 (c. 34)—cont.

Land Compensation Act 1973, “section 36(6)

 
  

(farm loss payment),”

 
 

Local Government Act 1992 (c.

In section 14(5), paragraph (d)

 

5

 

19)

  
 

Environment Act 1995 (c. 25)

In section 67, subsections (2) to (4)

 
 

Countryside and Rights of Way

In section 86(4), “II,”

 
 

Act 2000 (c. 37)

  
 

Note:             The repeal of sections 34 to 36 of the Land Compensation Act 1973 does not

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have effect in relation to a compulsory purchase order made or made in draft

before the commencement of paragraph 5(3) of Schedule 4.

 

 

 
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