F4F4Part II

Annotations:
Amendments (Textual)
F4

Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)

C1Chapter II Structure and Local Plans: Non-Metropolitan Areas

Annotations:
Modifications etc. (not altering text)
C1

Pt. II Chapter II (ss. 29-54): certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 3 (with arts. 4(b), 5(2), Sch. Pt. II)

Pt. II Ch. II (ss. 29-54): applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 13(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. II Ch. II (ss. 29-54): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(b)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 6)

F1Local plans

Annotations:
Amendments (Textual)
F1

Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4

38F2 Waste policies.

F31

In this section —

  • “waste policies” means detailed policies in respect of development which involves the depositing of refuse or waste materials other than mineral waste; and

  • “waste local plan” means a plan containing waste policies.

C22

A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—

a

prepare a waste local plan for their area; or

b

include their waste policies in their minerals local plan.

3

A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—

a

for a National Park;

b

for an area where waste policies are not a county matter for the purposes of Schedule 1.

4

A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—

a

prepare a waste local plan for their area; or

b

include their waste policies in—

i

their minerals local plan; or

ii

their local plan.

5

In formulating their waste policies, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

6

Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.

7

The following provisions of this Chapter apply with respect to waste local plans as they apply with respect to local plans, but as if references to a local planning authority were references to the authority who are entitled to prepare a waste local plan.