{
  "url": "https://openlegislation.uk/planning-and-compensation-act-1991/schedule-4/paragraph-36",
  "json_url": "https://openlegislation.uk/planning-and-compensation-act-1991/schedule-4/paragraph-36.json",
  "legislation": "ukpga/1991/34",
  "legislation_title": "Planning and Compensation Act 1991",
  "legislation_url": "https://openlegislation.uk/planning-and-compensation-act-1991",
  "path": "schedule/4/paragraph/36",
  "kind": "paragraph",
  "number": "36",
  "heading": null,
  "text": "(1) In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)—\n(a) in Part I, paragraphs 3, 5 and 6, and\n(b) in Part II, paragraphs 3 to 16 and 18,\nare omitted.\n(2) For paragraph 4 of Part I of that Schedule and paragraph 17 of Part II of that Schedule there is substituted in each case—\n“.0 (1) Sub-paragraph (2) applies where—\n(a) a local plan is in force in the area of a local planning authority;\n(b) a unitary development plan is being prepared;\n(c) the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and\n(d) a local inquiry or other hearing is held for the purpose of considering any objection to the plan.\n(2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—\n(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c);\n(b) the policy so identified is an existing policy; and\n(c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).\n(3) In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 36 wholly in force: Sch. 4 para. 36 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 36 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1991/34/schedule/4/paragraph/36",
    "retrieved_at": "2026-10-29T09:37:39.964311+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}