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Regulation 78 Revision of a supplementary plan

Original text. Later amendments are not shown.

(1)

A relevant plan-making authority may prepare a revision of a supplementary plan at any time after it has come into effect.

(2)

If, within a review period, a planning authority—

(a)

consider that a revision is required to bring a supplementary plan up to date, or

(b)

consider that a supplementary plan has been (in substance) superseded by another part of the development plan which has effect for the area or a site to which the supplementary plan relates and has decided not to revoke the supplementary plan under regulation 77(1),

the planning authority must begin to prepare a revision of the supplementary plan within the review period in question.

(3)

For the purposes of paragraph (2), the “review period” is the period of five years beginning with the date on which the supplementary plan was first adopted or approved under Part 2 of the Act, and thereafter each subsequent period of five years.

(4)

For the purposes of paragraph (2), a planning authority has begun preparation of a revision of a supplementary plan once they have complied with regulation 68 (notice of intention to commence supplementary plan preparation) in relation to the revision of that plan.

(5)

Paragraph (6) applies if any part of the area or a site to which a supplementary plan relates is an area to which an enterprise zone scheme relates.

(6)

As soon as practicable after the occurrence of a relevant event—

(a)

the relevant plan-making authority must consider whether their supplementary plan should be changed in light of the enterprise zone scheme;

(b)

if they think that any changes to their supplementary plan are required in consequence of the scheme they must prepare a revision to their supplementary plan to give effect to the changes.

(7)

In this regulation—

  • “enterprise zone” and “enterprise zone scheme” must be construed in accordance with the Local Government, Planning and Land Act 1980f1;

  • “relevant event” means—

    1. (a)

      the making of an order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone)f2;

    2. (b)

      the giving of notification under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme).

(8)

Part 2 of the Act and these Regulations apply in relation to a revision under this regulation as they apply in relation to a supplementary plan.

Annotations

Footnotes

f1

1980 c. 65. See Schedule 32 to the Local Government, Planning and Land Act 1980 which makes provision for the preparation and adoption of schemes, and the designation of areas to which a scheme adopted under that Schedule relates as an enterprise zone.

f2

Paragraph 5(7) was repealed by paragraph 1 of Schedule 1 to the Planning (Consequential Provisions) Act 1990 (c. 11); there are other repeals not relevant to these Regulations.