The National Park Authorities (England) Order 1996

Article 17

SCHEDULE 4 TOWN AND COUNTRY PLANNING

Interpretation

1.  Subject to paragraph 3(1)—

“the 1990 Act” means the Town and Country Planning Act 1990(1); and

“provision” means a provision of a development plan (as defined in section 336(1) of that Act(2)).

Continuity of plan provisions

2.  Without prejudice to the generality of article 13 of this Order, any provision applying to the area of a National Park shall continue to apply to that area until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.

Inclusion of unadopted proposals in preparation of development plans

3.—(1) In this paragraph, any reference to the 1990 Act is a reference to that Act in the form in which it was in force immediately before commencement of the Planning and Compensation Act 1991 or as amended by that Act.

(2) A National Park authority may, when preparing, altering or replacing a development plan, include proposals, which have not yet been adopted, in respect of a development plan which was being made, altered or replaced by a transferor authority prior to 1st April 1997 in respect of an area for which the National Park authority has a duty to prepare a development plan.

(3) The National Park authority shall publish a statement identifying a proposal so included.

(4) Where the National Park authority is satisfied that there has been no significant change in circumstances affecting the proposal, it need not repeat any step taken by the transferor authority in respect of that proposal for the purpose of complying with the 1990 Act or with regulations made thereunder.

(5) Where an inquiry or other hearing is held for the purpose of considering an objection to proposals in respect of a development plan, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that the objection is in respect of a proposal identified in accordance with paragraph (3) above and the person objecting has had his objection in respect of the proposal heard at an inquiry or other hearing held by the transferor authority or, where a matter affecting consideration of the proposal to which the objection relates has been considered at an examination in public considered by such an authority.

Inclusion of certain policies in another development plan

4.—(1) This paragraph applies where—

(a) a development plan is operative in the area of a National Park authority;

(b) development plan proposals are being prepared by that authority;

(c) that authority has published a statement 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;

• and in this paragraph, “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a development plan which was operative as mentioned in paragraph (1)(a).

(2) Where this 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 as mentioned in paragraph (1)(c);

(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 plan mentioned in paragraph (1)(a).

Structure plans

5.—(1) The structure plans applying immediately before 1st April 1997 to Devon but excluding the area of Exmoor National Park, and any proposals prepared before that date for the alteration or replacement of any of those plans, shall be treated as if they had been prepared jointly by the Dartmoor National Park Authority and the Devon County Council; and section 50 of the 1990 Act(3) shall apply accordingly.

(2) The structure plan applying immediately before 1st April 1997 to Somerset and that part of Devon falling within the area of Exmoor National Park, and any proposals prepared before that date for the alteration or replacement of that plan, shall be treated as if they had been prepared jointly by the Exmoor National Park Authority and the Somerset County Council; and section 50 of the 1990 Act shall apply accordingly.

(3) The structure plan applying immediately before 1st April 1997 to Northumberland, and any proposals prepared before that date for the alteration or replacement of that plan, shall be treated as if they had been prepared jointly by the Northumberland National Park Authority and the Northumberland County Council; and section 50 of the 1990 Act shall apply accordingly.

(4) The structure plans applying immediately before the 1st April 1997 to North Yorkshire, that part of Redcar and Cleveland falling within the area of the North York Moors National Park, the City of York, and that part of Cumbria falling within the area of the Yorkshire Dales National Park, and any proposals prepared before that date for the alteration or replacement of any of those plans, shall be treated as if they had been prepared jointly by the North York Moors National Park authority, the Yorkshire Dales National Park Authority, the York City Council, and the North Yorkshire County Council; and section 50 of the 1990 Act shall apply accordingly.

(1)

1990. c.8.

(2)

This definition is amended by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph 34.

(3)

1990 c. 8. Sections 36 to 38 is substituted by paragraph 17 of Schedule 4 to the Planning and Compensation Act 1991 (c. 34) and section 50 is amended by paragraph 24 of that Schedule.