45(1)Sub-paragraph (2) below applies where after commencement—E+W
(a)there is in operation in the area of a local planning authority a saved local plan which does not fall within paragraph 44(2)(a) above;
(b)proposals are made in pursuance of the new law for the making, alteration or replacement of a local plan for that area;
(c)the local planning authority who are making those proposals 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 proposals.
(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) above;
(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 saved local plan.
(3)In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in the saved local plan falling within sub-paragraph (1)(a) above.
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Subordinate Legislation Made
P1Sch. 4 para. 45(1): Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10. 12. 1991) by S.I. 1991/2794
Commencement Information
I1Sch. 4 para. 45 wholly in force: Sch. 4 para.45 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 45 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4