The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008

Transitional provision

3.—(1) The amendments made by regulation 2(2) shall not apply in relation to a supplementary planning document adopted before 1st September 2008.

(2) The amendments made by regulation 2(2), (10) to (13) and (15) shall not apply in relation to a development plan document or statement of community involvement submitted to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004(1) before 1st September 2008.

(3) If a development plan document or statement of community involvement is submitted to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004 before 1st September 2008 and is withdrawn, regulation 37(2) of the 2004 Regulations (as originally made) shall apply in relation to that document or statement.

(4) Paragraph (5) applies if a local planning authority—

(a) comply with regulation 25 of the 2004 Regulations (as originally made) in relation to a development plan document or statement of community involvement before 27th June 2008;

(b) comply with regulation 26 of the 2004 Regulations (as originally made) in relation to that document or statement before 1st September 2008; and

(c) submit that document or statement to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004 on or after 1st September 2008.

(5) The local planning authority shall be treated as having complied—

(a) in the case of a development plan document, with regulation 25 as substituted by these Regulations; and

(b) in the case of a statement of community involvement, with regulation 26 as substituted by these Regulations.

(6) Where paragraph (5) applies—

(a) the local planning authority must consider any representations made in accordance with paragraph (2) of regulation 27 of the 2004 Regulations (as originally made) before they comply with regulation 27 as substituted by these Regulations;

(b) the references in regulations 27 and 30 of the 2004 Regulations (as amended) to specific consultation bodies or general consultation bodies invited to make representations under regulation 25(1) or regulation 26(1) shall be treated as references to specific consultation bodies or general consultation bodies consulted under regulation 25 of the 2004 Regulations as originally made;

(c) the references in regulation 30(1)(d) of the 2004 Regulations (as amended) to bodies and persons invited, and representations made, under regulation 25 or 26 shall be treated as references to bodies and persons invited, and representations made, under regulation 25 of the 2004 Regulations as originally made;

(d) regulation 37(1)(c) of the 2004 Regulations (as substituted by these Regulations) shall be treated as if it referred only to a body to whom notification was given under regulation 26(c) of the 2004 Regulations as originally made; and

(e) regulation 37(1)(d) of the 2004 Regulations (as substituted by these Regulations) shall have effect as if it also referred to anything made available or published under regulation 26(a) and (b) of the 2004 Regulations as originally made.

(7) For the purposes of regulations 25 and 26 as substituted by these Regulations, it is immaterial that any step required by either of those regulations was taken before the commencement of these Regulations.

(8) In this regulation—

(a) “supplementary planning document” has the same meaning as in the 2004 Regulations(2); and

(b) a reference to a supplementary planning document, development plan document or statement of community involvement includes a reference to a revision of such a

document or statement.

(1)

2004 c.5.

(2)

See the definition in regulation 2(1) of the 2004 Regulations.