The Town and Country Planning (Development Plan) Regulations 1991

Conflict between structure plans and saved local plans

36.—(1) Where proposals for the alteration or replacement of a structure plan are adopted or approved and the local planning authority concerned are the only local planning authority in their area, that authority shall prepare a statement that any saved local plan in operation in the area is, or, as the case may be, is not, in general conformity with the altered or new structure plan.

(2) A statement prepared under paragraph (1) stating that a saved local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.

(3) A local planning authority which make available for inspection a saved local plan to which a statement under paragraph 47(2) of Schedule 4 to the 1991 Act or paragraph (1) relates, shall make a copy of the statement available for inspection at any place at which the plan is made available for inspection.

(4) The provisions of a saved local plan mentioned in paragraph (1) prevail for all purposes over any conflicting provisions in the structure plan unless the saved local plan is one stated under that paragraph not to be in general conformity with the structure plan.

(5) In this regulation, the references to a saved local plan do not include a reference to a saved local plan to which paragraph 44(2) of Schedule 4 to the 1991 Act applies.