# Planning and Compensation Act 1991, Paragraph 36


(1) In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)—
(a) in Part I, paragraphs 3, 5 and 6, and
(b) in Part II, paragraphs 3 to 16 and 18,
are omitted.
(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—
“.0 (1) Sub-paragraph (2) applies where—
(a) a local plan is in force in the area of a local planning authority;
(b) a unitary development plan is being prepared;
(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
(d) a local inquiry or other hearing is held for the purpose of considering any objection to the plan.
(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—
(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c);
(b) the policy so identified is an existing policy; and
(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).
(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).”

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Source: https://www.legislation.gov.uk/ukpga/1991/34/schedule/4/paragraph/36 (the official version)
Page: https://openlegislation.uk/planning-and-compensation-act-1991/schedule-4/paragraph-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.