|
|
|
|
7 (1) |
This
paragraph applies if, at the date of commencement of Part 1 a
local |
|
|
planning authority
have not prepared a unitary development plan in |
|
|
pursuance of section
12 of the principal Act. |
|
|
(2) |
References in
paragraphs 3 to 6 to proposals for the alteration or replacement
|
|
|
of a plan must
be construed as references to the plan. |
|
5 |
|
|
8 (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 |
|
10 |
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 9 or 10 below applies. |
|
|
9 (1) |
This paragraph applies
if— |
|
15 |
(a) |
before the relevant
date 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), |
|
|
|
|
(b) |
before the commencement
of Part 2 of this Act a person is appointed |
|
20 |
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 relevant date
is whichever is the later of— |
|
|
(a) |
the end of any
period prescribed by regulations under section 53 of |
|
25 |
the principal Act
for the making of objections to the proposals; |
|
|
(b) |
the commencement
of Part 2 of this Act. |
|
|
10 (1) |
If paragraph 9 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. |
|
30 |
(2) |
If before the
commencement of Part 2 of this Act the local planning authority
|
|
|
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, |
|
35 |
(b) |
the authority must
comply again with section 40(2) of the principal |
|
|
|
|
(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 |
|
40 |
|
|
(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 |
|
|
to hold the inquiry
or other hearing. |
|
|
11 (1) |
This paragraph applies
if the Secretary of State thinks— |
|
|
(a) |
that the conformity
requirement is likely to give rise to inconsistency |
|
5 |
between the proposals
and relevant policies or guidance, and |
|
|
(b) |
that it is necessary
or expedient to avoid such inconsistency. |
|
|
(2) |
The Secretary
of State may direct that to the extent specified in the direction
|
|
|
the conformity
requirement must be ignored. |
|
|
(3) |
The Secretary of
State must give reasons for the direction. |
|
10 |
(4) |
The conformity
requirement is— |
|
|
(a) |
the requirement
under section 36(4) of the principal Act that the local |
|
|
plan is to be in
general conformity with the structure plan; |
|
|
(b) |
the prohibition
under section 43(3) of the principal Act on the |
|
|
adoption of proposals
for a local plan or for its alteration or |
|
15 |
replacement which
do not conform generally with the structure plan. |
|
|
(5) |
Revelant policies
and guidance are— |
|
|
|
|
(b) |
advice contained
in guidance; |
|
|
|
20 |
12 |
If proposals are adopted
or approved in pursuance of paragraphs 9 to 11 |
|
|
above paragraph 1 of this
Schedule applies to the policies contained in the |
|
|
|
|
(a) |
they were policies
contained in a development plan for the purposes |
|
|
of section 54 of
the principal Act; |
|
25 |
(b) |
the date of commencement
of section 37
is the date when the |
|
|
proposals are adopted
or approved. |
|
|
13 (1) |
This paragraph applies
if, at the date of commencement of Part 1 a local |
|
|
planning authority
have not prepared a local plan in pursuance of section 36 |
|
|
|
30 |
(2) |
References in
paragraphs 8 to 12 to proposals for the alteration or |
|
|
replacement of
a plan must be construed as references to the plan. |
|
|
Minerals and waste
local plans |
|
|
14 |
Paragraphs 8 to 13 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 |
|
35 |
local planning authority
must be construed as including references to a |
|
|
mineral planning authority
and an authority who are entitled to prepare a |
|
|
|
|
|
|
15 (1) |
This paragraph applies
to— |
|
40 |
(a) |
the local development
scheme which a local planning authority are |
|
|
required to prepare
and maintain under section 14
of this Act; |
|
|
(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. |
|
45 |
|
|
|
|
|
|
|
(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 |
|
|
|
|
(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 |
|
5 |
|
|
(b) |
any proposals adopted
or approved by virtue of paragraphs 3 to 12 |
|
|
|
|
|
|
16 (1) |
The repeal by this
Act of paragraphs 1 to 4 of Schedule 13 to the principal Act |
|
10 |
does not affect anything
which is required or permitted to be done for the |
|
|
purposes of Chapter
2 of Part 6 of the principal Act during any time when a |
|
|
plan mentioned in any
of those paragraphs continues to form part of the |
|
|
development plan by
virtue of— |
|
|
(a) |
paragraph 1 of this
Schedule, or |
|
15 |
(b) |
that paragraph as
applied by any other provision of this Schedule. |
|
|
(2) |
References to
a plan mentioned in any of paragraphs 1 to 4 include any |
|
|
proposal for the
alteration or replacement of the plan. |
|
|
(3) |
The development
plan is the development plan for the purposes of section |
|
|
27 or 54 of the
principal Act. |
|
20 |
|
|
17 (1) |
The Secretary of State
may by regulations make provision for giving full |
|
|
|
|
(2) |
The regulations
may, in particular— |
|
|
(a) |
make such provision
as he thinks is necessary in consequence of this |
|
25 |
|
|
(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 |
|
|
(4) |
Provision under
sub-paragraph (3) includes provisions corresponding to |
|
|
that which could
be made by order under Schedule 2 of the principal Act. |
|
|
|
|
18 (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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Land Compensation
Act 1973 |
|
|
|
|
|
|
In section 87(1) in
the definition of “dwelling”, |
|
|
5 |
|
|
|
|
|
|
|
In section 24(4) the
second “Greater London |
|
|
|
|
(General Powers) Act
1973 (c. |
|
|
|
|
|
|
|
|
|
|
|
In Schedule 4, paragraph
2. |
|
|
10 |
|
|
|
|
|
|
Local Government,
Planning |
|
In section 142(2A),
“(subject to section 144(2))”. |
|
|
|
|
and Land Act 1980 (c. 65) |
|
In section 143(3A),
“(subject to section 144(2))”. |
|
|
|
|
|
In section 144(2),
“the 1981Act and”. |
|
|
|
|
|
In Schedule 28, in
paragraph 1, “The 1981Act |
|
|
15 |
|
|
and” and the
words from “and in paragraph |
|
|
|
|
|
|
|
|
|
Highways Act 1980 (c. 66) |
|
|
|
|
|
|
In Schedule 10, paragraph
2. |
|
|
|
|
Town and Country Planning
|
|
|
|
20 |
|
|
In section 71, subsection
(3) and in subsection |
|
|
|
|
|
(4) the definition
of site licence |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
25 |
|
|
In section 220(3),
the expression “62” |
|
|
|
|
|
In section 226, in
subsection (1) the first “which” |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
In section 284(1),
paragraph (a) |
|
|
30 |
|
|
In section 287, in
subsection (5), paragraph (a) |
|
|
|
|
|
and in each of paragraphs
(b) to (e) the words |
|
|
|
|
|
“by virtue of
subsection (3)” and subsection |
|
|
|
|
|
|
|
|
|
|
|
|
35 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
In section 303A, in
subsection (5) the words “or |
|
|
40 |
|
|
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 |
|
|
45 |
|
|
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) |
|
|
50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Town and Country Planning
|
|
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 |
|
|
5 |
|
|
In Schedule 7, paragraphs
3 and 4 |
|
|
|
|
|
In Schedule 13, paragraphs
1 to 4 |
|
|
|
|
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 |
|
|
|
|
|
require and”
and in subsection (3) the word |
|
|
10 |
|
|
“and” after
paragraph (b). |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
In section 91(2) ““development
plan”” |
|
|
|
|
|
In Schedule 4, in
paragraph 3, sub-paragraph (b) |
|
|
15 |
|
|
|
|
|
|
|
|
|
|
|
Substances) Act 1990
(c. 10) |
|
|
|
|
|
Planning and Compensation
|
|
|
|
|
|
|
|
|
20 |
|
|
In Schedule 18, Part
2 in the entry relating to the |
|
|
|
|
|
Land Compensation Act
1973, “section 36(6) |
|
|
|
|
|
|
|
|
|
Local Government Act
1992 (c. |
|
In section 14(5), paragraph
(d) |
|
|
|
|
|
|
|
25 |
|
Leasehold Reform,
Housing |
|
In Schedule 20, paragraph
2. |
|
|
|
|
and Urban Development
Act |
|
|
|
|
|
|
|
|
|
|
Environment Act 1995
(c. 25) |
|
In section 67, subsections
(2) to (4) |
|
|
|
|
Town and Country Planning
|
|
|
|
30 |
|
(Scotland) Act 1997
(c. 8) |
|
|
|
|
|
|
|
|
|
|
|
In Schedule 5, paragraph
1. |
|
|
|
|
Agencies Act 1998 (c. 45) |
|
|
|
|
|
Countryside and Rights
of Way |
|
|
|
35 |
|
|
|
|
|
|
Planning (Listed Buildings
and |
|
|
|
|
|
|
|
|
|
|
(Scotland) Act 1997
(c. 9) |
|
|
|
|
|
|
|
|
40 |
|
Substances) (Scotland)
Act |
|
|
|
|
|
|
Note: |
The repeal of sections
34 to 36 of the Land Compensation Act 1973 does not |
|
|
have effect in relation
to a compulsory purchase order made or made in draft |
|
|
before the commencement
of paragraph 5(3) of Schedule 7. |
|
|
|
|
|