SCHEDULES

SCHEDULE 8Transitional provisions: Parts 1 and 2

Development plan

I11

1

During the transitional period a reference in an enactment mentioned in section 38(7) above to the development plan for an area in England is a reference to—

a

the RSS for the region in which the area is situated or the spatial development strategy for an area in Greater London, and

b

the development plan for the area for the purposes of section 27 or 54 of the principal Act.

2

The transitional period is the period starting with the commencement of section 38 and ending on whichever is the earlier of—

a

the end of the period of three years;

b

the day when in relation to an old policy, a new policy which expressly replaces it is published, adopted or approved.

3

But the Secretary of State may direct that for the purposes of such policies as are specified in the direction sub-paragraph (2)(a) does not apply.

4

An old policy is a policy which (immediately before the commencement of section 38) forms part of a development plan for the purposes of section 27 or 54 of the principal Act.

5

A new policy is a policy which is contained in—

a

a revision of an RSS;

b

an alteration or replacement of the spatial development strategy;

c

a development plan document.

6

But—

a

an old policy contained in a structure plan is replaced only by a new policy contained in a revision to an RSS;

b

an old policy contained in a waste local plan or a minerals local plan is replaced in relation to any area of a county council for which there is a district council only by a new policy contained in a development plan document which is prepared in accordance with a minerals and waste development scheme.

7

A new policy is published if it is contained in—

a

a revision of an RSS published by the Secretary of State under section 9(6);

b

an alteration or replacement of the Mayor of London’s spatial development strategy published in pursuance of section 337 of the Greater London Authority Act 1999 (c. 29).

8

A new policy is adopted or approved if it is contained in a development plan document which is adopted or approved for the purposes of Part 2.

9

A minerals and waste development scheme is a scheme prepared in accordance with section 16.

10

The development plan mentioned in sub-paragraph (1)(b) does not include a street authorisation map which continued to be treated as having been adopted as a local plan by virtue of paragraph 4 of Part 3 of Schedule 2 to the principal Act.