The Town and Country Planning (Development Plan) (Amendment) Regulations 1997

• Citation: S.I. 1997/531
• Sections: 9

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Town and Country Planning (Development Plan) (Amendment) Regulations 1997 and shall come into force on 24th March 1997.

Section 2 Amendment of Regulations

The Town and Country Planning (Development Plan) Regulations 1991 are amended as follows.

Section 3 Interpretation

In regulation 2(1) (interpretation), after the definition of “by local advertisement” insert the following definition—

“national waste strategy” means a statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England and Wales, and which is made under section 44A of the Environmental Protection Act 1990;

Section 4 Regard to be had to certain matters and statement of regard

In regulation 9 (regard to be had to certain matters and statement of regard)—

(a) at the end of paragraph (1)(b), delete “and”;

(b) at the end of paragraph (1)(c), delete “area.” and insert

area; and

(d) national waste strategy.

(c) in paragraph (2), after “section 50 of the Environmental Protection Act 1990” insert “ or to the national waste strategy as the case may be”;

(d) for paragraph (3)(b), substitute—

(b) the regard which the authority have had in formulating their waste policies in Part II to any waste disposal plan for their area or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy; and

(e) for paragraph (5)(b), substitute—

(b) in the case of a waste local plan, or a local plan or a minerals local plan containing waste policies, the regard which the local planning authority have had in formulating their waste policies to any waste disposal plan or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy.

Section 5 Pre-deposit consultation

For regulation 10(1)(b) (pre-deposit consultation), substitute—

(b) any local authority or urban development corporation for an area covered by the proposals;

Section 6 Consideration of proposals following a local inquiry or other hearing or examination in public

In regulation 16 (consideration of proposals following a local inquiry or other hearing or examination in public)—

(a) in paragraph (3)(b) after “objection or representation” insert “, and on such other persons as the authority think fit”;

(b) in paragraph (4)(d), after “hearing is held to consider” insert “one or more of the”.

Section 7 Modification of proposals

In regulation 18 (modification of proposals)—

(a) In paragraph (1)(d) after “objection or representation” insert “, and on such other persons as the authority think fit”;

(b) in paragraph (5), after “hearing is held to consider” insert “one or more of the”.

Section 8 Existing policy statement

In regulation 35(5) (existing policy statement) after “paragraph 4 of Part I” insert “, paragraph 3 of Part IA ”.

Section 9 Schedule—Prescribed Forms

For the Schedule to the Regulations substitute the new Schedule set out in the Schedule hereto.