The Town and Country Planning (Development Plan) (Amendment) Regulations 1997

Regard to be had to certain matters and statement of regard

4.  In regulation 9 (regard to be had to certain matters and statement of regard)—

(a) at the end of paragraph (1)(b), delete “and”;

(b) at the end of paragraph (1)(c), delete “area.” and insert

“area; and

(d) national waste strategy.”;

(c) in paragraph (2), after “section 50 of the Environmental Protection Act 1990” insert “(1) or to the national waste strategy as the case may be”;

(d) for paragraph (3)(b), substitute—

“(b) the regard which the authority have had in formulating their waste policies in Part II to any waste disposal plan for their area or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy; and”;

(e) for paragraph (5)(b), substitute—

“(b) in the case of a waste local plan, or a local plan or a minerals local plan containing waste policies, the regard which the local planning authority have had in formulating their waste policies to any waste disposal plan or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy.”.

(1)

Section 50 of the Environmental Protection Act 1990 (waste disposal plans of waste regulation authorities) ceased to have effect on 1 April 1996 (S.I. 1996/186, commencing paragraph 78 of Schedule 22 to the Environment Act 1995). However, under paragraph 16 of Schedule 23 to the Environment Act 1995 and S.I. 1996/234, any waste disposal plan or modification of such a plan under section 50 of the Environmental Protection Act 1990, whose content has been finally determined before 1 April 1996, is to continue in force until the content of the national waste strategy is finally determined, notwithstanding the repeal of section 50. At the date of making these Regulations, the content of the national waste strategy has not been finally determined.