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Amendment of section 20 of Principal Act.
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9.—Section 20(3) of the Principal Act is amended by substituting the following paragraphs for paragraph (d):
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“(d) (i) The members of a planning authority shall consider the proposal to make, amend or revoke a local area plan and the report of the manager under paragraph (c).
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(ii) Following consideration of the manager's report under subparagraph (i), the local area plan shall be deemed to be made, amended or revoked, as appropriate, in accordance with the recommendations of the manager as set out in his or her report, 6 weeks after the furnishing of the report to all the members of the authority, unless the planning authority, by resolution—
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(I) subject to paragraphs (e), (f), (g) and (h), decides to make or amend the plan otherwise than as recommended in the manager's report, or
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(II) decides not to make, amend or revoke, as the case may be, the plan.
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(e) (i) Where, following the consideration of the manager's report, it appears to the members of the authority that the proposal (being a proposal to make or amend a local area plan) should be varied or modified, and the proposed variation or modification would, if made, be a material alteration of the proposal concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (d)(ii), publish notice of the proposed variation or modification in one or more newspapers circulating in its area.
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(ii) A notice under subparagraph (i) shall state that—
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(I) a copy of the proposed variation or modification of the proposal may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and
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(II) written submissions or observations with respect to the proposed variation or modification of the proposal made to the planning authority within the stated period shall be taken into consideration before the making of any variation or modification.
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(f) (i) Not later than 8 weeks after giving notice under paragraph (e), the manager of a planning authority shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and submit the report to the members of the authority for their consideration.
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(ii) A report under subparagraph (i) shall—
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(I) list the persons who made submissions or observations under paragraph (e),
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(II) summarise the issues raised by the persons in the submissions or observations,
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(III) contain the opinion of the manager in relation to the issues raised, and his or her recommendations in relation to the proposed variation or modification to the proposal, including any amendment to that proposed variation or modification he or she considers appropriate, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
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(g) (i) The members of a planning authority shall consider the proposed variation or modification of the proposal and the report of the manager under paragraph (f).
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(ii) Following consideration of the manager's report under subparagraph (i), the local area plan shall be deemed to be made or amended, as appropriate, with the variation or modification proposed by the members of the planning authority or, if different from that variation or modification, the variation or modification as recommended in the manager's report under subparagraph (i), 6 weeks after the furnishing of the report to all the members of the authority, unless, where such a recommendation for a different variation or modification is so made, the planning authority, by resolution, decides to make or amend the plan otherwise than in accordance with that recommendation (and the variation or modification the members of the authority so decide upon shall be the original variation or modification proposed by them, subject to such amendment of it as they consider appropriate).
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(h) The requirements of paragraphs (e) to (g) shall not apply in relation to an amendment made in accordance with paragraph (g)(ii).
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(i) When performing their functions under this subsection, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.”.
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