Planning and Compulsory Purchase Act 2004

Prospective

Local plan E+W

8 (1) This paragraph applies to proposals for the alteration or replacement of a local plan for the area of a local planning authority. E+W

(2) If before the commencement of Part 2 of this Act the authority have not complied with section 40(2) of the principal Act (making copies of the proposals available for inspection)—

(a) they must take no further step in relation to the proposals;

(b) the proposals have no effect.

(3) In any other case paragraph 9 or 10 below applies.

9 (1) This paragraph applies if— E+W

(a) before the relevant date the local planning authority is not required to cause an inquiry or other hearing to be held by virtue of section 42(1) of the principal Act (inquiry must be held if objections made), or

(b) before the commencement of Part 2 of this Act a person is appointed under that section to hold an inquiry or other hearing.

(2) If this paragraph applies the provisions of Chapter 2 of Part 2 of the principal Act continue to have effect in relation to the proposals.

(3) The relevant date is whichever is the later of—

(a) the end of any period prescribed by regulations under section 53 of the principal Act for the making of objections to the proposals;

(b) the commencement of Part 2 of this Act.

10 (1) If paragraph 9 does not apply the provisions of Chapter 2 of Part 2 of the principal Act continue to have effect in relation to the proposals subject to the modifications in sub-paragraphs (2) to (5) below. E+W

(2) If before the commencement of Part 2 of this Act the local planning authority have not published revised proposals in pursuance of regulations under section 53 of the principal Act—

(a) any provision of the regulations relating to publication of revised proposals must be ignored,

(b) the authority must comply again with section 40(2) of the principal Act.

(3) If before the commencement of Part 2 of this Act the local planning authority have published revised proposals in pursuance of regulations under section 53 of the principal Act the authority must comply again with section 40(2) of that Act.

(4) Any provision of regulations under section 53 of the principal Act which permits the local planning authority to modify proposals after an inquiry or other hearing has been held under section 42 of that Act must be ignored.

(5) If such an inquiry or other hearing is held the authority must adopt the proposals in accordance with the recommendations of the person appointed to hold the inquiry or other hearing.

11 (1) This paragraph applies if the Secretary of State thinks— E+W

(a) that the conformity requirement is likely to give rise to inconsistency between the proposals and relevant policies or guidance, and

(b) that it is necessary or expedient to avoid such inconsistency.

(2) The Secretary of State may direct that to the extent specified in the direction the conformity requirement must be ignored.

(3) The Secretary of State must give reasons for the direction.

(4) The conformity requirement is—

(a) the requirement under section 36(4) of the principal Act that the local plan is to be in general conformity with the structure plan;

(b) the prohibition under section 43(3) of the principal Act on the adoption of proposals for a local plan or for its alteration or replacement which do not conform generally with the structure plan.

(5) Relevant policies and guidance are—

(a) national policies;

(b) advice contained in guidance;

(c) policies in the RSS.

12 If proposals are adopted or approved in pursuance of paragraphs 9 to 11 above paragraph 1 of this Schedule applies to the policies contained in the proposals as if— E+W

(a) they were policies contained in a development plan for the purposes of section 54 of the principal Act;

(b) the date of commencement of section 38 is the date when the proposals are adopted or approved.

13 (1) This paragraph applies if at the date of commencement of Part 1 a local planning authority have not prepared a local plan in pursuance of section 36 of the principal Act. E+W

(2) References in paragraphs 8 to 12 to proposals for the alteration or replacement of a plan must be construed as references to the plan.