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The Town and Country Planning (Local Development) (England) Regulations 2004

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Bringing local development schemes and revisions of such schemes into effect

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11.—(1) For the purpose of bringing a local development scheme or any revision of such a scheme into effect—

(a)the requirements of one of paragraphs (2) to (5) shall be met; and

(b)the local planning authority shall—

(i)resolve that the scheme shall have effect; and

(ii)shall specify in that resolution the date from which the scheme shall have effect.

(2) The requirement of this paragraph is that, before the end of the relevant period, the local planning authority has received from the Secretary of State notice that he does not intend to give them a direction under section 15(4).

(3) The requirements of this paragraph are that the relevant period has ended and the local planning authority have not received any of the following–

(a)notice that the Secretary of State does not intend to give them a direction under section 15(4),

(b)a direction under section 15(4), or

(c)notice that the Secretary of State requires more time to consider the scheme.

(4) The requirements of this paragraph are that the local planning authority have received a direction under section 15(4) and have either–

(a)complied with the direction, or

(b)received notice that it has been withdrawn.

(5) The requirements of this paragraph are that the local planning authority have received notice that the Secretary of State requires more time to consider the scheme, and either—

(a)they have subsequently received notice that the Secretary of State does not intend to give them a direction under section 15(4), or

(b)the requirements of paragraph (4) are satisfied.

(6) In this regulation “relevant period” means the period of 4 weeks starting on the day on which the authority submit the scheme to the Secretary of State under section 15(3)(b).

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