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.