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SCHEDULES

SCHEDULE 5E+W Unitary Development Plans in Wales

Part IIIE+W Transitional Provisions

Modifications etc. (not altering text)

C1Sch. 5 Pt. III applied (1.4.1996) (temp.) by 1990 c. 8, s. 28A(1)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 20(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2)

Sch. 5 Pt. III: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Effect of adoption or approval of modified planE+W

14(1)Upon the adoption or approval of a modified plan for which the related required plan was previously the only required plan or the last of the required plans for the affected area—E+W

(a)any local plan which was continued in operation in relation to that area by paragraph 44(1) of Schedule 4 to the M1Planning and Compensation Act 1991 (a “saved local plan”), and

(b)any plan which was previously in force by virtue of Schedule 7 to the M2Town and Country Planning Act 1971 and Part III of Schedule 2 to the planning Act (an “old development plan”),

shall cease to have effect in relation to that area.

(2)If the Secretary of State so directs, any specified provisions of a saved local plan or of an old development plan shall continue in operation—

(a)for such period as may be specified or determined in accordance with the direction;

(b)in relation to the affected area or any specified part of the affected area to which the saved local plan or the old development plan relates.

(3)The Secretary of State may at any time revoke any direction given under sub-paragraph (2).

(4)Before giving or revoking any such direction the Secretary of State shall consult the new planning authority.

(5)Any provision of a saved local plan or old development plan in force for any area in Wales by virtue of a direction under this paragraph shall have effect subject to the provisions of any modified plan in force for that area.

(6)For the purposes of this paragraph, “specified” means specified in the direction given under sub-paragraph (2).

Marginal Citations