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The Town and Country Planning (Development Plan) Regulations 1991

The Town and Country Planning (Development Plan) Regulations 1991 reg 9

reg 9 Regard to be had to certain matters and statement of regard

(1) In formulating their general policies in Part I of a unitary development plan or in a structure plan, the local planning authority shall, in addition to the matters specified in section 12(6), in the case of a unitary development plan, and in section 31(6), in the case of a structure plan, have regard to– (a) social and economic considerations; (b) environmental considerations; and (c) any policies and proposals of an urban development corporation which affect, or may be expected to affect, their area. (2) In formulating their waste policies in Part II of a unitary development plan, or in a waste local plan, or in a local plan or minerals local plan containing waste policies, a local planning authority shall have regard to any waste disposal plan for their area under section 50 of the Environmental Protection Act 1990 . (3) The reasoned justification of the general policies in Part I and of the policies in Part II of a unitary development plan shall contain a statement of– (a) the regard which the local planning authority have had in formulating their general policies in Part I to the matters specified in section 12(6) and paragraph (1); (b) the regard which the authority have had in formulating their waste policies in Part II to any waste disposal plan for their area and the reason for any inconsistency between their waste policies and the waste disposal plan; and (c) the account which the authority have taken of any enterprise zone scheme in their area. (4) The explanatory memorandum accompanying proposals for the alteration or replacement of a structure plan shall contain a statement of the regard which the local planning authority have had in formulating their general policies to the matters specified in section 31(6) and paragraph (1). (5) The reasoned justification of the policies formulated in a local plan, minerals local plan or waste local plan shall contain a statement of– (a) in the case of a local plan, the regard which the local planning authority have had in formulating their policies to any enterprise zone scheme in their area; (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 and the reason for any inconsistency between their waste policies and the waste disposal plan.

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