Housing and Planning Bill

Explanatory Notes

Legal background

44 The legislation which this Bill amends is set out in a number of Acts of Parliament. This legislation is referred to below. Further explanations, where required, are set out in the section-by-section commentary.

45 The principal planning Act is the Town and Country Planning Act 1990 ("1990 Act"). This Bill amends the 1990 Act, as well as the following other planning legislation:

a. the Local Government, Planning and Land Act 1980, which makes provision in respect of enterprise zones and urban development corporations;

b. the Planning (Listed Buildings and Conservation Areas) Act 1990 concerning special controls of buildings and areas of special historic or architectural interest;

c. the Planning and Compulsory Purchase Act 2004 which brought about changes to the development plan system and to planning control;

d. the Planning Act 2008 in relation to nationally significant infrastructure projects.

46 Rentcharges are dealt with in the Rentcharges Act 1977; this Bill amends sections 8 and 9 of that Act. The Estate Agents Act 1979 sets out provisions concerning Estate agents. This Bill inserts a new section 24A into that Act, and amends section 33.

47 This Bill also amends the following legislation which makes provision concerning housing, including social housing:

a. the Housing Act 1985;

b. the Housing Act 1988;

c. the Local Government and Housing Act 1989;

d. the Housing Act 1996;

e. the Housing Act 2004;

f. the Commissioners for Revenue and Customs Act 2005; and

g. the Housing and Regeneration Act 2008.

48 The main legislation relating to compulsory purchase, which this Bill amends, is as follows:

a. the Land Compensation Act 1961;

b. the Compulsory Purchase Act 1965;

c. the Land Compensation Act 1973;

d. the Acquisition of Land Act 1981; and

e. the Compulsory Purchase (Vesting Declarations) Act 1981.

49 The Bill amends the Local Government, Planning and Land Act 1980, Part 10 of which deals with land held by public bodies. The sustainability and efficiency of the central government estate is dealt with by the Climate Change Act 2008; the Bill contains provisions which amend that Act.


Prepared 13th January 2016