The Town and Country Planning (Development Plan) Regulations 1991

Modification of proposals

18.—(1) Subject to paragraph (7), a local planning authority proposing to modify proposals for a statutory plan or for the alteration or replacement of a statutory plan (whether to comply with a direction given by the Secretary of State or on their own initiative) shall, unless they are satisfied that the modifications they intend to make will not materially affect the content of the proposals–

(a) prepare a list of the modifications with their reasons for proposing them;

(b) make copies of that list available for inspection at any place at which the plan proposals have been made available for inspection;

(c) give notice by local advertisement in Form 4; and

(d) serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan proposals in accordance with these regulations and not withdrawn the objection or representation.

(2) The period within which objections and representations may be made to the local planning authority in respect of proposed modifications is six weeks beginning with the date on which a notice given pursuant to paragraph (1) is first published in a local newspaper.

(3) Objections and representations shall be made in writing and addressed in accordance with the details given in the notice.

(4) An objection to, or representation in respect of, proposed modifications, made in accordance with this regulation, shall be treated as an objection made in accordance with the regulations for the purpose of section 13(6), in the case of unitary development plan proposals, section 33(6), in the case of structure plan proposals, and section 40(7), in the case of local plan, minerals local plan or waste local plan proposals.

(5) Where a local inquiry or other hearing is held to consider objections made to proposed modifications, regulation 14 shall apply, and where an examination in public is held to consider matters in connection with proposed modifications, regulation 15 shall apply, as those regulations apply in the case of statutory plan proposals, and regulation 16 shall apply following such a local inquiry or other hearing or examination in public as it applies to a local inquiry or other hearing or examination in public mentioned in paragraph (1) of that regulation.

(6) Where objections have been made to proposed modifications in accordance with this regulation and not withdrawn and the local planning authority do not cause a local inquiry or other hearing or examination in public to be held, regulation 17 shall apply to the consideration of the objections as it applies to the consideration of objections to statutory plan proposals.

(7) Unless a list of proposed modifications contains only modifications proposed by the local planning authority in order to comply with a direction given by the Secretary of State under section 17(1), 35(2) or 43(4), it shall not be made available for inspection, and the notice referred to in paragraph (1) shall not be given or served, until after–

(a) the period for objecting to the statutory plan proposals after they have been made available for inspection has expired, or, in the case of a second or subsequent list of proposed modifications, the period for objecting to the previous list of proposed modifications has expired; and

(b) any statement (or further statement) required by regulation 16(1) or 17(1), as the case may be, has been prepared.