SCHEDULES

SCHEDULE 4 Development Plans

Part II Minor and Consequential Amendments

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1

In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)—

a

in Part I, paragraphs 3, 5 and 6, and

b

in Part II, paragraphs 3 to 16 and 18,

are omitted.

2

For paragraph 4 of Part I of that Schedule and paragraph 17 of Part II of that Schedule there is substituted in each case—

0

1

Sub-paragraph (2) applies where—

a

a local plan is in force in the area of a local planning authority;

b

a unitary development plan is being prepared;

c

the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form 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 plan.

2

Where this sub-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 under sub-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 sub-paragraph (1)(a).

3

In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).