OpenLegislation

Paragraph 2 I1

(1)

This paragraph applies to proposals for the alteration or replacement of a structure plan for the area of a local planning authority.

(2)

If before the commencement of Part 1 of this Act the authority have complied with section 33(2) of the principal Act (making copies of proposals and the explanatory memorandum available for inspection) the provisions of Chapter 2 of Part 2 of the principal Act continue to have effect in relation to the proposals.

(3)

In any other case—

(a)

the authority must take no further step in relation to the proposals;

(b)

the proposals have no effect.

(4)

If the proposals are adopted or approved by virtue of sub-paragraph (2) above, paragraph 1 of this Schedule applies to the policies contained in the proposals as if—

(a)

they were policies contained in a development plan within the meaning of section 54 of the principal Act;

(b)

the date of commencement of section 38 is the date when the proposals are adopted or approved (as the case may be).

Annotations

Commencement

I1

Sch. 8 para. 2 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(j)