44(1)A local plan which—E+W
(a)immediately before commencement is in operation in the area of a local planning authority, or
(b)is brought into operation after commencement by virtue of paragraph 43 above,
(in this Schedule referred to as “a saved local plan”) shall, subject to the following provisions of this paragraph, continue in operation.
(2)Where a saved local plan—
(a)complies with section 36 of the new law and was prepared by the authority who are entitled to prepare the plan required by that section, or
(b)contains only those policies required or permitted to be included in a minerals local plan or a waste local plan in accordance with sections 36 to 38 of the new law and was made by the authority who are entitled to prepare a minerals local plan or, as the case may be, a waste local plan,
it shall be treated as if it were a local plan, a minerals local plan or, as the case may be, a waste local plan which had been adopted or, as the case may be, approved under the new law (and accordingly may be altered or replaced under the new law).
(3)In sub-paragraphs (4) to (8) below the references to saved local plans do not include a reference to saved local plans treated, by virtue of sub-paragraph (2) above, as if adopted or approved under the new law.
(4)Any saved local plan shall have effect subject to a local plan, minerals local plan or waste local plan which is adopted or approved under the new law and shall not be treated as mentioned in sub-paragraph (2) above (and accordingly may not be altered or replaced under the new law).
(5)Where the last of the plans, or the plan, required to be prepared for an area under sections 36 to 38 of the new law is prepared for that area—
(a)any saved local plan, and
(b)any old development plan,
shall cease to have effect in relation to that area.
(6)If the Secretary of State so directs, any specified provisions of a saved local plan shall continue in operation—
(a)for such period as may be specified or determined in accordance with the direction;
(b)in relation to the area or any specified part of the area to which the saved local plan relates.
(7)The Secretary of State may revoke any direction given under sub-paragraph (6) above.
(8)Before giving or revoking any such direction the Secretary of State shall consult any local planning authority for the area in which the plan is in operation.
(9)A saved local plan shall, while it continues in operation, be treated for the purposes of the new law, any other enactment relating to town and country planning, the M1Land Compensation Act1961 and the M2Highways Act 1980 as being comprised in the development plan in respect of the area in question.
(10)In this paragraph—
“old development plan” has the same meaning as in Part III of Schedule 2 to the principal Act; and
“specified” means specified in the direction.
Commencement Information
I1Sch. 4 para. 44 wholly in force: Sch. 4 para. 44 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 44 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4
Marginal Citations