Planning and Compensation Act 1991

36 (1) In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)— E+W

(a) in Part I, paragraphs 3, 5 and 6, and

(b) in Part II, paragraphs 3 to 16 and 18,

are omitted.

(2) For paragraph 4 of Part I of that Schedule and paragraph 17 of Part II of that Schedule there is substituted in each case—

“.0 (1) Sub-paragraph (2) applies where—

(a) a local plan is in force in the area of a local planning authority;

(b) a unitary development plan is being prepared;

(c) the local planning authority who are preparing that plan 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 plan.

(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);

(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 plan mentioned in sub-paragraph (1)(a).

(3) In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).”

Commencement Information

I1 Sch. 4 para. 36 wholly in force: Sch. 4 para. 36 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 36 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4