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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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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”, | | 5 | | | | “(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) | | 20 | | | | 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 | | 25 | | | | 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 | | 30 | | | | 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) | | 35 | | | | 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 | | 40 | | | 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) | | 45 | | | | 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 | | 50 |
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