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Regulation 29 Modification of proposals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (7), a local planning authority proposing, after an inquiry or other hearing has been held pursuant to section 16 or section 42, to modify a plan or proposals to which regulation 22 refers (whether to comply with a direction given by the Secretary of State or on their own initiative) shall, unless they are satisfied that the modifications they intend to make will not materially affect the content of the plan or proposals–

(a)

prepare a list of the modifications with their reasons for proposing them;

(b)

make copies of that list available for inspection at any place at which the plan or proposals were made available for inspection under regulation 22(1)(a);

(c)

give notice by local advertisement in Form 10; and

(d)

serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan or proposals in accordance with these Regulations and not withdrawn the objection or representation and on such other persons as the authority think fit.

(2)

The period within which objections and representations may be made to the local planning authority in respect of proposed modifications is six weeks beginning with the date on which a notice given pursuant to paragraph (1) is first published in a local newspaper.

(3)

Objections and representations shall be made in writing and addressed in accordance with the details given in the notice.

(4)

An objection to, or representation in respect of, proposed modifications, made in accordance with this regulation, shall be treated as an objection made in accordance with these Regulations for the purpose of sections 13(6) or 40(7).

(5)

Where a local inquiry or other hearing is held to consider one or more of the objections made to proposed modifications, regulation 26 shall apply as that regulation applies in the case of a plan or proposals, and regulation 27 shall apply following such a local inquiry or other hearing as it applies to a local inquiry or other hearing mentioned in paragraph (1) of that regulation.

(6)

Where objections have been made to proposed modifications in accordance with this regulation and not withdrawn and the local planning authority do not cause a local inquiry or other hearing to be held, regulation 28 shall apply to the consideration of the objections as it applies to the consideration of objections to statutory plan proposals.

(7)

Unless a list of proposed modifications contains only modifications proposed by the local planning authority in order to comply with a direction given by the Secretary of State under section 17(1) or 43(4), it shall not be made available for inspection, and the notice referred to in paragraph (1) shall not be given or served until after–

(a)

the period for objecting to the plan or proposals after they have been made available for inspection has expired, or, in the case of a second or subsequent list of proposed modifications, the period for objecting to the previous list of proposed modifications has expired; and

(b)

any statement (or further statement) required by regulation 27(1) or 28(1), as the case may be, has been prepared.