SCHEDULES
SCHEDULE 4 Development Plans
Part III Transitional Provisions
Minerals and waste local plans
I146
P11
Sub-paragraph (2) below applies where after commencement—
a
there is in operation in the area of a local planning authority a saved local plan which does not fall within paragraph 44(2)(b) above and which contains—
i
any detailed policies for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or
ii
any waste policies;
b
proposals are made in pursuance of the new law for the making, alteration or replacement of a minerals local plan or a waste local plan for that area;
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 any objection to the proposals.
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) 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 first formed part of the saved local plan.
3
In this paragraph “existing policy” means any policy falling within sub-paragraph (1)(a) above the substance of which (however expressed) was contained in the saved local plan falling within that sub-paragraph.