OpenLegislation

Regulation 7 Modification of a proposed scheme or of alterations to an existing scheme

Original text. Later amendments are not shown.

(1)

Where the local planning authority intend to modify their proposals for a simplified planning zone scheme or for the alteration of an existing scheme, whether to comply with a direction given by the Secretary of State under paragraph 9(3) of Schedule 8A or on their own initiative, they shall unless they are satisfied that the proposed modifications will not materially affect the content of the scheme or the alterations:—

(a)

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

(b)

publish a notice in Form 1 in the Schedule hereto by local advertisement;

(c)

serve a notice in similar form on any person who has duly objected to the scheme or alteration and not withdrawn his objection and on any other person whom they consider should be given notice;

(d)

subject to any direction of the Secretary of State, decide whether to afford any person who duly makes objection to the proposed modifications and does not withdraw his objections an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and

(e)

where a local inquiry or other hearing is held, afford an opportunity to such other persons as they think fit to appear before, and be heard by, the person appointed.

(2)

Without prejudice to any other provision as to the time at which a proposed simplified planning zone scheme or proposed alterations to such a scheme may be adopted, a local planning authority shall not proceed to adopt proposals for the making or alteration of a scheme with modifications until—

(i)

the period for making objections to the modifications has expired; and

(ii)

where objections were duly made within that period, the objections so made have been considered; and

(iii)

where a direction has been given by the Secretary of State under paragraph 9(3) of Schedule 8A, details of the modifications it is proposed to incorporate in the scheme or alterations and the reasons for proposing them have been sent to the Secretary of State and he has notified the authority that he is satisfied with the modifications or he has withdrawn the direction.