Article 13 Planning Functions

(1)

The structure plans applying immediately prior to the reorganisation date to each of the following areas:

(a)

the district of the East Riding of Yorkshire; and

(b)

the City of Kingston upon Hull;

and any proposals prepared before that date for the alteration or replacement of any of those plans shall be treated as if they had been prepared jointly by the councils for those areas, and section 50 of the Town and Country Planning Act 1990^f1 shall apply accordingly.

(2)

The structure plans applying immediately prior to the reorganisation date to each of the following areas:

(a)

the county of Lincolnshire;

(b)

the district of North Lincolnshire; and

(c)

the district of North East Lincolnshire–

(3)

In relation to a transferee authority

(a)

section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;

(b)

subsection (1) of section 37 of that Act (minerals local plan) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and

(c)

subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following–

“or

(c)

include their waste policies in their local plan”.

Annotations

Footnotes

f1: Section 50 was amended and sections 36 to 38 substituted by Schedule 4 to the Planning and Compensation Act 1991 (c. 34).