|
| |
| |
(ab) any expenses incurred by a county council for the purposes | |
of carrying out a review under section 13 of that Act (duty of | |
county council to keep under review certain matters affecting | |
development);” | |
12 In section 324(1) (rights of entry) for paragraph (a) there is substituted the | 5 |
following paragraph— | |
“(a) the preparation, revision, adoption or approval of a local | |
development document under Part 2 of the Planning and | |
Compulsory Purchase Act 2003 or a local development plan | |
under Part 6 of that Act;” | 10 |
13 (1) Section 333 (provision about regulations and orders) is amended as follows. | |
(2) After subsection (2) there is inserted the following subsection— | |
“(2A) Regulations may make different provision for different purposes.” | |
14 In section 336(1) (interpretation) for the definition of development plan there | |
is substituted— | 15 |
““development plan” must be construed in accordance with section | |
37 of the Planning and Compulsory Purchase Act 2003;”. | |
15 (1) Schedule 1 (distribution of functions of local planning authorities) is | |
amended as follows. | |
(2) Paragraph 2 is omitted. | 20 |
(3) In paragraph 3(7) the words “but paragraph 4 shall apply to such | |
applications instead” are omitted | |
(4) Paragraphs 4(2) and 7 are omitted. | |
16 In Schedule 2 (transitional provisions relating to development plans) Parts | |
1, 2 and 3 are omitted. | 25 |
17 (1) Schedule 13 (blighted land) is amended as follows. | |
(2) Paragraphs 1 to 4 are omitted. | |
(3) The following paragraph is inserted as paragraph 1A— | |
“1A Land which is identified for the purposes of relevant public | |
functions by a development plan document for the area in which | 30 |
the land is situated. | |
Notes | |
(1) Relevant public functions are— | |
(a) the functions of a government department, local authority, | |
National Park authority or statutory undertakers; | 35 |
(b) the establishment or running by a public | |
telecommunications operator of a telecommunication | |
system. | |
(2) For the purposes of this paragraph a development plan document | |
is— | 40 |
(a) a development plan document which is adopted or | |
approved for the purposes of Part 2 of the Planning and | |
Compulsory Purchase Act 2003 (in this paragraph, the | |
2003 Act); | |
| |
| |
|
| |
| |
(b) a revision of such a document in pursuance of section 25 of | |
the 2003 Act which is adopted or approved for the | |
purposes of Part 2 of the 2003 Act; | |
(c) a development plan document which has been submitted | |
to the Secretary of State for independent examination | 5 |
under section 19(1) of the 2003 Act; | |
(d) a revision of a development plan document in pursuance | |
of section 25 of the 2003 Act if the document has been | |
submitted to the Secretary of State for independent | |
examination under section 19(1) of that Act. | 10 |
(3) But Note (2)(c) and (d) does not apply if the document is | |
withdrawn under section 21 of the 2003 Act at any time after it has | |
been submitted for independent examination. | |
(4) In Note (2)(c) and (d) the submission of a development plan | |
document to the Secretary of State for independent examination is | 15 |
to be taken to include the holding of an independent examination | |
by the Secretary of State under section 20 or section 26 of the 2003 | |
Act.” | |
(4) In paragraph 5 for “any such functions as are mentioned in paragraph 1(a)(i) | |
or (ii)” there is substituted “relevant public functions (within the meaning of | 20 |
paragraph 1A)”. | |
(5) In paragraph 6 for “any such functions as are mentioned in paragraph 5” | |
there is substituted “relevant public functions (within the meaning of | |
paragraph 1A)”. | |
(6) In paragraph 13, for “paragraphs 1, 2, 3 and 4” there is substituted | 25 |
“paragraph 1A”. | |
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) | |
18 The Planning (Listed Buildings and Conservation Areas) Act 1990 is | |
amended as follows. | |
19 In section 10(3) (regulations relating to applications for listed building | 30 |
consent)— | |
(a) after paragraph (b) the word “and” is omitted; | |
(b) after paragraph (c) there are inserted the following paragraphs— | |
“(d) requirements as to consultation in relation to such | |
applications; | 35 |
(e) prohibiting the determination of such applications | |
during such period as is prescribed; | |
(f) requirements on the local planning authority to | |
take account of responses from persons consulted.” | |
20 In section 23(2) (matters to which regard is to be had by local planning | 40 |
authority in exercising function of revoking or modifying consent) for “the | |
development plan and to any other” there is substituted “any”. | |
21 In section 26(2) (matters to which regard is to be had by the Secretary of State | |
in exercising function of revoking or modifying consent) for “the | |
development plan and to any other” there is substituted “any”. | 45 |
| |
| |
|
| |
| |
22 In section 67 (publicity for applications affecting the setting of listed | |
buildings), subsections (3) to (5) are omitted. | |
23 In section 91(2) (interpretation) ““development plan”” is omitted. | |
24 In section 93 (provision about regulations and orders) after subsection (6) | |
there is inserted the following subsection— | 5 |
“(6A) Regulations and orders may make different provision for different | |
purposes.” | |
25 In Schedule 4 (certain provisions as to the exercise of functions by different | |
authorities), in paragraph 3 sub-paragraph (b) and the word “and” | |
immediately before it are omitted. | 10 |
Planning (Hazardous Substances) Act 1990 (c. 10) | |
26 In section 40 the Planning (Hazardous Substances) Act 1990 (provision | |
about regulations) after subsection (3) there is inserted the following | |
subsection— | |
“(4) Regulations may make different provision for different purposes.” | 15 |
Schedule 7 | |
Section 110 | |
Amendments of other enactments | |
Gas Act 1965 (c. 36) | |
1 In paragraph 7(2) of Schedule 3 of the Gas Act 1965 after “development | |
order” there is inserted “or local development order”. | 20 |
Finance Act 1969 (c. 32) | |
2 In section 58(4) of the Finance Act 1969 (disclosure of information for | |
statistical purposes), in the Table in the entry relating to local planning | |
authorities— | |
(a) in the first column for “the Town and Country Planning Act 1990” | 25 |
there is substituted “Part 2 or 6 of the Planning and Compulsory | |
Purchase Act 2003”; | |
(b) In the second column for “Part II of the Town and Country Planning | |
Act 1990” there is substituted “Part 2 or 6 of the Planning and | |
Compulsory Purchase Act 2003”. | 30 |
Leasehold Reform Act 1967 (c. 88) | |
3 In section 28(6)(a) of the Leasehold Reform Act 1967 (development for | |
certain public purposes) for “Town and Country Planning Act 1990” there is | |
substituted “Planning and Compulsory Purchase Act 2003”. | |
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) | 35 |
4 In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 after | |
| |
| |
|
| |
| |
subsection (3) there is inserted the following subsection— | |
“(4) If a person is entitled in respect of the same interest in land to a | |
payment both— | |
(a) by virtue of subsection (1) , and | |
(b) under section 33B of the Land Compensation Act 1973 | 5 |
(additional loss payment for agricultural land), | |
section 33H of that Act (only one payment to be made if a person has | |
dual entitlement) applies.” | |
Countryside Act 1968 (c. 41) | |
5 (1) Paragraph 3 of Schedule 2 to the Countryside Act 1968 is amended as | 10 |
follows. | |
(2) In sub-paragraph (2), after “published” there is inserted “, affixed”. | |
(3) In sub-paragraph (4)(a), after “published” there is inserted “, affixed”. | |
(4) The amendments made by this paragraph do not apply to compulsory | |
purchase orders of which notice under section 11 of the Acquisition of Land | 15 |
Act 1981 is published before commencement of this paragraph. | |
Greater London Council (General Powers) Act 1969 (c lii) | |
6 In section 13 of the Greater London Council (General Powers) Act 1969 | |
(exercise of powers relating to walkways) , in the proviso for the words from | |
“any local plan” to “Schedule 1 to that Act)” there is substituted “a local | 20 |
development document (within the meaning of Part 2 of the Planning and | |
Compulsory Purchase Act 2003)”. | |
Land Compensation Act 1973 (c. 26) | |
7 (1) The Land Compensation Act 1973 is amended as follows. | |
(2) In section 29 (home loss payments) after subsection (3A) there is inserted the | 25 |
following subsection— | |
“(3B) For the purposes of this section a person must not be treated as | |
displaced from a dwelling in consequence only of the compulsory | |
acquisition of part of a garden or yard or of an outhouse or | |
appurtenance belonging to or usually enjoyed with the building | 30 |
which is occupied or is intended to be occupied as the dwelling.” | |
(3) Sections 34 to 36 are omitted. | |
(4) In section 87(1) (general interpretation) in the definition of “dwelling” | |
“(except in section 29)” is omitted. | |
(5) But the amendments made by this paragraph do not have effect in relation | 35 |
to a compulsory purchase order made or made in draft before the | |
commencement of this paragraph. | |
Greater London Council (General Powers) Act 1973 (c xxx) | |
8 In section 24(4) of the Greater London Council (General Powers) Act 1973 | |
(definitions for the purpose or provision relating to parking place | 40 |
agreements)— | |
| |
| |
|
| |
| |
(a) in the definition of appropriate provision for “the Greater London” | |
there is substituted “their”; | |
(b) in the second place where it occurs “Greater London development | |
plan” is omitted. | |
Welsh Development Agency Act 1975 (c. 70) | 5 |
9 (1) Schedule 4 to the Welsh Development Agency Act 1975 is amended as | |
follows. | |
(2) Paragraph 2 is omitted. | |
(3) In paragraph 3, in sub-paragraph (1)(c), for “section 13 of that Act to | |
objections made by an owner, lessee or occupier” there is substituted | 10 |
“sections 13 and 13A of that Act to relevant objections”. | |
(4) The amendments made by this paragraph do not apply to compulsory | |
purchase orders of which notice under section 11 of the Acquisition of Land | |
Act 1981 is published before commencement of this paragraph. | |
Local Government, Planning and Land Act 1980 (c. 65) | 15 |
10 (1) The Local Government, Planning and Land Act 1980 is amended as follows. | |
(2) In section 142 (acquisition by corporation), in subsection (2A), “(subject to | |
section 144(2))” is omitted. | |
(3) In section 143 (acquisition by local highway authority), in subsection (3A), | |
“(subject to section 144(2))” is omitted. | 20 |
(4) In section 144, in subsection (2), “the 1981 Act and” is omitted. | |
(5) In Schedule 28, in paragraph 1, “The 1981 Act and” and the words from “and | |
in paragraph 2” to the end are omitted. | |
(6) The amendments made by this paragraph do not apply to compulsory | |
purchase orders of which notice under section 11 of or, as the case may be, | 25 |
paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published | |
before commencement of this paragraph. | |
(7) In Schedule 26 (Urban Development Corporations), after paragraph 14 there | |
are inserted the following paragraphs— | |
“Delegation of planning functions | 30 |
14A (1) This paragraph applies in relation to any function conferred on the | |
corporation by virtue of an order under section 149 above. | |
(2) The corporation may appoint committees and such committees | |
may appoint sub-committees. | |
(3) Anything which is authorised or required to be done by the | 35 |
corporation— | |
(a) may be done by any member of the corporation or of its | |
staff who is authorised for the purpose either generally or | |
specifically; | |
(b) may be done by a committee or sub-committee which is so | 40 |
authorised. | |
(4) The corporation may— | |
| |
| |
|
| |
| |
(a) determine the quorum of a committee or sub-committee; | |
(b) make such arrangements as it thinks appropriate relating | |
to the meetings and procedure of a committee or sub- | |
committee. | |
(5) Anything done for the purposes of sub-paragraph (4) is subject to | 5 |
directions given by the Secretary of State. | |
(6) The validity of anything done by a committee or sub-committee is | |
not affected by— | |
(a) any vacancy among its members; | |
(b) any defect in the appointment of any of its members. | 10 |
(7) This paragraph does not extend to Scotland. | |
14B (1) This paragraph has effect in relation to the membership of | |
committees and sub-committees appointed under paragraph 14A. | |
(2) A committee may consist of— | |
(a) such members of the corporation as it appoints; | 15 |
(b) such other persons as the corporation (with the consent of | |
the Secretary of State) appoints. | |
(3) A sub-committee of a committee may consist of— | |
(a) such members of the committee as it appoints; | |
(b) such persons who are members of another committee of | 20 |
the corporation (whether or not they are members of the | |
corporation) as the committee appoints; | |
(c) such other persons as the corporation (with the consent of | |
the Secretary of State) appoints. | |
(4) The membership of a committee or sub-committee— | 25 |
(a) must always include at least one person who is a member | |
of the corporation; | |
(b) must not include any person who is a member of the staff | |
of the corporation.” | |
Highways Act 1980 (c. 66) | 30 |
11 (1) The Highways Act 1980 is amended as follows. | |
(2) In section 232(8) after “1990” there is inserted “and Parts 2 and 6 of the | |
Planning and Compulsory Purchase Act 2003”. | |
(3) In section 232(9) for the definition of development plan there is | |
substituted— | 35 |
““development plan” must be construed in accordance with section | |
37 of the Planning and Compulsory Purchase Act 2003; | |
“local authority” has the same meaning as in the Town and Country | |
Planning Act 1990.” | |
(4) Section 259 (power to confirm, etc, compulsory purchase order in part) is | 40 |
omitted. | |
(5) The amendment made by sub-paragraph (4) does not apply to a compulsory | |
purchase order of which notice under section 11 of or, as the case may be, | |
paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published | |
before the commencement of that sub-paragraph. | 45 |
| |
| |
|
| |
| |
Acquisition of Land Act 1981 (c. 67) | |
12 In section 29(5) of the Acquisition of Land Act 1981 for the words “any | |
reference to any owner, lessee or occupier” there are substituted the words | |
“the reference to a qualifying person for the purposes of section 12(2)”. | |
Housing Act 1985 (c. 68) | 5 |
13 (1) In section 578A of the Housing Act 1985 (modification of compulsory | |
purchase order in case of acquisition of land for clearance), in subsection (2), | |
for “section 13” there is substituted “sections 13 to 13C”. | |
(2) The amendment made by sub-paragraph (1) does not apply to compulsory | |
purchase orders of which notice under section 11 of the Acquisition of Land | 10 |
Act 1981 is published before commencement of this paragraph. | |
Education Reform Act 1988 (c. 40) | |
14 (1) The Education Reform Act 1988 is amended as follows. | |
(2) In section 190 (wrongful contracts or disposals), in subsection (6) for the | |
words from “references” to the end there is substituted “the reference in | 15 |
section 12 of that Act to an owner of the land included reference to the | |
London Residuary Body”. | |
(3) In section 201 (wrongful disposals), in subsection (6), for the words from | |
“references” to the end there is substituted “the reference in section 12 of that | |
Act to an owner of the land included reference to the local education | 20 |
authority concerned”. | |
(4) The amendments made by this paragraph do not apply to compulsory | |
purchase orders of which notice under section 11 of the Acquisition of Land | |
Act 1981 is published before commencement of this paragraph. | |
Housing Act 1988 (c. 50) | 25 |
15 (1) Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of | |
Acquisition of Land Act 1981) is omitted. | |
(2) The amendment made by sub-paragraph (1) does not apply to compulsory | |
purchase orders of which notice under section 11 of or, as the case may be, | |
paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published | 30 |
before commencement of this paragraph. | |
Planning and Compensation Act 1991 (c. 34) | |
16 In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted. | |
Local Government Act 1992 (c. 19) | |
17 In section 14(5) of the Local Government Act 1992 (structural changes which | 35 |
may be recommended by the Electoral Commission), paragraph (d) is | |
omitted. | |
| |
| |
|
