SCHEDULES
SCHEDULE 4 Development Plans
Part II Minor and Consequential Amendments
I136
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).