Paragraph 17 F1

England and Wales

(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).

Annotations

Textual amendments

F1: Sch. 2 Pt. II para. 17 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 36(2) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 4, Sch.3

Notes on Part II

Textual amendments

F1: Sch. 2 Pts. 1, 2, 3 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 17, Sch. 9 (with s. 111)