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SCHEDULE

PART IGENERAL EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS

1.  Any reference to a local planning authority, except in paragraph 7(1) of Schedule 1, or to a mineral planning authority, shall include a reference to the Council of the Isles.

2.  Any reference to the council of a county shall include a reference to the Council of the Isles.

3.  Any reference to a district shall include a reference to the Isles, and any reference to the council of a district shall include a reference to the Council of the Isles.

4.  Any requirement as to consultation between a local planning authority or mineral planning authority or the council of a county and the council of a district, or as to the giving of notice by one such authority or council to another, shall not apply.

5.  Any reference to 1st August 1948 shall be construed as a reference to 1st August 1949.

PART IIEXCEPTIONS, ADAPTATIONS AND MODIFICATIONS RELATING TO DEVELOPMENT PLANS

EXCEPTIONS

The following provisions(1) shall not apply:

ADAPTATIONS AND MODIFICATIONS

1.  Any reference to a local planning authority (including any reference to a local planning authority for a National Park) shall include a reference to the Council of the Isles.

2.  In section 36(5), after the words “A local plan” insert—

3.  For section 54 substitute—

54.    Meaning of “development plan” in the Isles of Scilly

(1) For the purposes of this Act and any other enactment relating to town and country planning, the Land Compensation Act 1961(2) and the Highways Act 1980(3), the development plan for the Isles of Scilly shall be taken as consisting of—

(a)the provisions of the local plan, or plan falling to be treated as a local plan, and any minerals local plan or waste local plan for the time being in operation in the Isles;

(b)any alterations to any plan mentioned in paragraph (a),

together with the Council’s resolutions or, as the case may be, the Secretary of State’s notice of approval.

(2) References in subsection (1) to a notice of approval shall, in relation to any plan or alteration made by the Secretary of State under section 51, be construed as references to a notice of the making of the plan or alteration.

(3) Any reference in the Land Compensation Act 1961 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

5.  In section 336(1), for the definition of “development plan” substitute—

6.  The reference to the county planning authority in paragraph 2(a) of Schedule 1(4), so far as it relates to section 30, shall include a reference to the Council of the Isles.

(1)

See the substitutions and amendments set out in paragraphs 17, 22 and 24 of Schedule 4 to the Planning and Compensation Act 1991.

(4)

Paragraph 2 was substituted by paragraph 35(1) of Schedule 4 to the Planning and Compensation Act 1991.