Regulation 5 Modification to section 15IC (joint supplementary plans by agreement)I1

Section 15IC of the Act is to be read as if, for subsection (4), there were substituted—

“(4)

For the purposes of subsection (3), this Part has effect in accordance with subsections (4A) to (4E).

(4A)

Each of the relevant authorities must adopt a joint supplementary plan for it to be adopted for the purposes of section 15CC(13).

(4B)

The relevant authorities must act jointly to comply with section 15DB(1) and (4).

(4C)

Anything else (not referred to in subsection (4A) or (4B)) which may or must be done by a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan is to be done in connection with a joint supplementary plan either—

(a)

by each of the relevant authorities, or

(b)

by the relevant authorities acting jointly.

(4D)

Where section 15HA applies, in accordance with subsection (1)(b) of that section, by virtue of the Secretary of State thinking that a joint supplementary plan is, is going to be or may be unsatisfactory—

(a)

the power in subsection (2)(a) of that section to take over preparation of the plan may only be exercised in relation to all of the relevant authorities (and may not be exercised in relation to only one or some of the relevant authorities);

(b)

the power in subsection (2)(c) of that section to give directions may be exercised in relation to one or more of the relevant authorities.

(4E)

Anything else (not referred to in subsection (4D)) which may or must be done in relation to a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan is to be done only in relation to each of the relevant authorities in connection with a joint supplementary plan.”.