Article 4 Town and county planning

(1)

In this article “provision” means a provision of a development plan (as defined in section 38 of the Planning and Compulsory Purchase Act 2004)^f1.

(2)

Any provision applying to the transferred area immediately before the transfer date continues to apply to that area, notwithstanding the transfer under article 3.

Annotations

Footnotes

f1: 2004 c. 5. Section 38(3) was amended by section 82(1) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20), by paragraph 13 of Schedule 8 to the Localism Act (c. 20) (“the 2011 Act”) and by paragraph 9(b) of Schedule 9 to the 2011 Act. Sections 38(3A) and 38(3B) were inserted by section 3 of the Neighbourhood Planning Act 2017 (c. 20). Section 38(5) was amended by paragraph 6(c) of Schedule 9 to the 2011 Act. Section 38(9) was inserted by section 180(7) of the Planning Act 2008 (c. 29). Section 38(10) was inserted by paragraph 6(d) of Schedule 9 to the 2011 Act. There are other amendments which are not relevant to this instrument.