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
I1Sch. 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