Planning and Compensation Act 1991

Minerals and waste local plans E+W

46 (1) Sub-paragraph (2) below applies where after commencement— E+W

(a) there is in operation in the area of a local planning authority a saved local plan which does not fall within paragraph 44(2)(b) above and which contains—

(i) any detailed policies for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(ii) any waste policies;

(b) proposals are made in pursuance of the new law for the making, alteration or replacement of a minerals local plan or a waste local plan for that area;

(c) the local planning authority who are making those proposals have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d) a local inquiry or other hearing is held for the purpose of considering any objection to the proposals.

(2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c) above;

(b) the policy so identified is an existing policy; and

(c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the saved local plan.

(3) In this paragraph “existing policy” means any policy falling within sub-paragraph (1)(a) above the substance of which (however expressed) was contained in the saved local plan falling within that sub-paragraph.

Subordinate Legislation Made

P1 Sch. 4 para. 46(1): Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10. 12. 1991) by S.I.1991/2794.

Commencement Information

I1 Sch. 4 para. 46 wholly in force: Sch. 4 para. 46 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 46 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4