41(1)Where a local planning authority have, under section 13(3) of the old law, made available copies of proposals for the making, alteration or replacement of a unitary development plan but the proposals are not adopted or approved before commencement—E+W
(a)the proposals shall be treated on and after commencement as if made available under section 13(2) of the the new law; and
(b)any other step taken before commencement for the purpose of complying with any requirement of the old law with respect to such making, alteration or replacement may be treated on and after commencement as having been taken for the purpose of complying with any similar requirement imposed by or under the new law.
(2)Sub-paragraph (3) below applies where, at any time within the period of two years beginning with the date of commencement—
(a)a unitary development plan is in operation which by virtue of paragraph 4 of Part I or paragraph 17 of Part II of Schedule 2 to the old law includes a local plan (whether subject to alteration or otherwise);
(b)proposals are made for the alteration or replacement of the unitary development plan;
(c)the local planning authority who are making those proposals 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 an objection to the proposals.
(3)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 (2)(c) above;
(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 was included in the unitary development plan.
(4)In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a plan included as mentioned in sub-paragraph (2)(a) above.
Subordinate Legislation Made
P1Sch. 4 para. 41(2): Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10. 12. 1991) by S.I. 1991/2794.
Commencement Information
I1Sch. 4 para. 41 wholly in force: Sch. 4 para. 41 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 41 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4