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Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) | |
18 (1) Schedule 20 to the Leasehold Reform, Housing and Urban Development Act | |
1993 (modification of Acquisition of Land Act 1981) is amended as follows. | |
(2) In paragraph 1, for “modifications specified in paragraphs 2 and” there is | |
substituted “modification specified in paragraph”. | 5 |
(3) Paragraph 2 is omitted. | |
(4) 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, | |
paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published | |
before commencement of this paragraph. | 10 |
Environment Act 1995 (c. 25) | |
19 (1) The Environment Act 1995 is amended as follows. | |
(2) In section 67 (which makes provision for a National Park authority to be the | |
local planning authority) subsections (2) to (4) are omitted. | |
(3) In Schedule 14 (periodic review of mineral planning permissions) in | 15 |
paragraph 2(1), in the definition of “first review date”, for “paragraph 5” | |
there is substituted “paragraphs 3A and 5”. | |
(4) In Schedule 14 after paragraph 3 there is inserted the following paragraph— | |
“3A (1) The Secretary of State may by order specify a first review date | |
different from the first review date found in pursuance of | 20 |
paragraph 3(1) or (2). | |
(2) Sub-paragraph (3) applies if no first review date is found in | |
pursuance of paragraph 3(1) or (2). | |
(3) The Secretary of State may by order specify a first review date. | |
(4) An order under sub-paragraph (3) may make different provision | 25 |
for different cases or different classes of case. | |
(5) An order under this paragraph must be made by statutory | |
instrument subject to annulment in pursuance of a resolution of | |
either House of Parliament.” | |
Town and Country Planning (Scotland) Act 1997 (c. 8) | 30 |
20 In section 275 of the Town and Country Planning (Scotland) Act 1997 | |
(regulations and orders), after subsection (2) there is inserted— | |
“(2A) Regulations may make different provision for different purposes.” | |
Regional Development Agencies Act 1998 (c. 45) | |
21 (1) Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998 | 35 |
(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 has been published under section 11 of or, | |
as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act | |
1981 before commencement of this paragraph. | 40 |
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Greater London Authority Act 1999 (c. 29) | |
22 (1) The Greater London Authority Act 1999 is amended as follows. | |
(2) In section 337 (publication)— | |
(a) for “relevant regional planning guidance” there is substituted “the | |
regional spatial strategy for a region which adjoins Greater London”; | 5 |
(b) subsection (10) is omitted. | |
(3) In section 342(1) (matters to which Mayor is to have regard) for paragraph | |
(a) there is substituted the following— | |
“(a) the regional spatial strategy for a region which adjoins | |
Greater London;” | 10 |
(4) In section 346(b) (Mayor to monitor plans) for “unitary development plan” | |
there is substituted “local development documents (within the meaning of | |
Part 2 of the Planning and Compulsory Purchase Act 2003)” | |
Countryside and Rights of Way Act 2000 (c. 37) | |
23 In section 86(4) of the Countryside and Rights of Way Act 2000— | 15 |
(a) “II,” is omitted; | |
(b) at the end there is inserted “or under Part 2 or 6 of the Planning and | |
Compulsory Purchase Act 2003”. | |
Schedule 8 | |
Section 111 | |
Transitional provisions: Parts 1 and 2 | 20 |
Development plan | |
1 (1) During the transitional period a reference in an enactment mentioned in | |
section 37(7) above to the development plan for an area in England is a | |
reference to— | |
(a) the RSS for the region in which the area is situated or the spatial | 25 |
development strategy for an area in Greater London, and | |
(b) the development plan for the area for the purposes of section 27 or 54 | |
of the principal Act. | |
(2) The transitional period is the period starting with the commencement of | |
section 37 and ending on whichever is the earlier of— | 30 |
(a) the end of the period of three years; | |
(b) the day when in relation to an old policy, a new policy which | |
expressly replaces it is published, adopted or approved. | |
(3) But the Secretary of State may direct that for the purposes of such policies as | |
are specified in the direction sub-paragraph (2)(a) does not apply. | 35 |
(4) An old policy is a policy which (immediately before the commencement of | |
section 37) forms part of a development plan for the purposes of section 27 | |
or 54 of the principal Act. | |
(5) A new policy is a policy which is contained in— | |
(a) a revision of an RSS; | 40 |
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(b) an alteration or replacement of the spatial development strategy; | |
(c) a development plan document. | |
(6) But— | |
(a) an old policy contained in a structure plan is replaced only by a new | |
policy contained in a revision to an RSS; | 5 |
(b) an old policy contained in a waste local plan or a minerals local plan | |
is replaced in relation to any area of a county council for which there | |
is a district council only by a new policy contained in a development | |
plan document which is prepared in accordance with a minerals and | |
waste development scheme. | 10 |
(7) A new policy is published if it is contained in— | |
(a) a revision of an RSS published by the Secretary of State under section | |
8(6); | |
(b) an alteration or replacement of the Mayor of London’s spatial | |
development strategy published in pursuance of section 337 of the | 15 |
Greater London Authority Act 1999 (c. 29). | |
(8) A new policy is adopted or approved if it is contained in a development plan | |
document which is adopted or approved for the purposes of Part 2. | |
(9) A minerals and waste development scheme is a scheme prepared in | |
accordance with section 15. | 20 |
(10) The development plan mentioned in sub-paragraph (1)(b) does not include | |
a street authorisation map which continued to be treated as having been | |
adopted as a local plan by virtue of paragraph 4 of Part 3 of Schedule 2 to the | |
principal Act. | |
Structure plans | 25 |
2 (1) This paragraph applies to proposals for the alteration or replacement of a | |
structure plan for the area of a local planning authority. | |
(2) If before the commencement of Part 1 of this Act the authority have | |
complied with section 33(2) of the principal Act (making copies of proposals | |
and the explanatory memorandum available for inspection) the provisions | 30 |
of Chapter 2 of Part 2 of the principal Act continue to have effect in relation | |
to the proposals. | |
(3) In any other case— | |
(a) the authority must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | 35 |
(4) If the proposals are adopted or approved by virtue of sub-paragraph (2) | |
above, paragraph 1 of this Schedule applies to the policies contained in the | |
proposals as if— | |
(a) they were policies contained in a development plan within the | |
meaning of section 54 of the principal Act; | 40 |
(b) the date of commencement of section 37 is the date when the | |
proposals are adopted or approved (as the case may be). | |
Unitary development plan | |
3 (1) This paragraph applies to proposals for the alteration or replacement of a | |
unitary development plan for the area of a local planning authority. | 45 |
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(2) If before the relevant date the authority have not complied with section 13(2) | |
of the principal Act (making copies of the proposals available for | |
inspection)— | |
(a) they must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | 5 |
(3) In any other case paragraph 4 or 5 below applies. | |
4 (1) This paragraph applies if— | |
(a) before the relevant date the local planning authority is not required | |
to cause an inquiry or other hearing to be held by virtue of section | |
16(1) of the principal Act (inquiry must be held if objections made), | 10 |
or | |
(b) before the commencement of Part 2 of this Act a person is appointed | |
under that section to hold an inquiry or other hearing. | |
(2) If this paragraph applies the provisions of Chapter 1 of Part 2 of the principal | |
Act continue to have effect in relation to the proposals. | 15 |
(3) The relevant date is whichever is the later of— | |
(a) the end of any period prescribed by regulations under section 26 of | |
the principal Act for the making of objections to the proposals; | |
(b) the commencement of Part 2 of this Act. | |
5 (1) If paragraph 4 does not apply the provisions of Chapter 1 of Part 2 of the | 20 |
principal Act continue to have effect in relation to the proposals subject to | |
the modifications in sub-paragraphs (2) to (5) below. | |
(2) If before the commencement of Part 2 of this Act the local planning authority | |
have not published revised proposals in pursuance of regulations under | |
section 26 of the principal Act— | 25 |
(a) any provision of the regulations relating to publication of revised | |
proposals must be ignored, | |
(b) the authority must comply again with section 13(2) of the principal | |
Act. | |
(3) If before the commencement of Part 2 of this Act the local planning authority | 30 |
have published revised proposals in pursuance of regulations under section | |
26 of the principal Act the authority must comply again with section 13(2) of | |
that Act. | |
(4) Any provision of regulations under section 26 of the principal Act which | |
permits the local planning authority to modify proposals after an inquiry or | 35 |
other hearing has been held under section 16 of that Act must be ignored. | |
(5) If such an inquiry or other hearing is held the authority must adopt the | |
proposals in accordance with the recommendations of the person appointed | |
to hold the inquiry or other hearing. | |
6 If proposals are adopted or approved in pursuance of paragraph 4 or 5 | 40 |
above paragraph 1 of this Schedule applies to the policies contained in the | |
proposals as if— | |
(a) they were policies contained in a development plan for the purposes | |
of section 27 of the principal Act; | |
(b) the date of commencement of section 37 is the date when the | 45 |
proposals are adopted or approved. | |
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7 (1) This paragraph applies if, at the date of commencement of Part 1 a local | |
planning authority have not prepared a unitary development plan in | |
pursuance of section 12 of the principal Act. | |
(2) References in paragraphs 3 to 6 to proposals for the alteration or replacement | |
of a plan must be construed as references to the plan. | 5 |
Local plan | |
8 (1) This paragraph applies to proposals for the alteration or replacement of a | |
local plan for the area of a local planning authority. | |
(2) If before the commencement of Part 2 of this Act the authority have not | |
complied with section 40(2) of the principal Act (making copies of the | 10 |
proposals available for inspection)— | |
(a) they must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | |
(3) In any other case paragraph 9 or 10 below applies. | |
9 (1) This paragraph applies if— | 15 |
(a) before the relevant date the local planning authority is not required | |
to cause an inquiry or other hearing to be held by virtue of section | |
42(1) of the principal Act (inquiry must be held if objections made), | |
or | |
(b) before the commencement of Part 2 of this Act a person is appointed | 20 |
under that section to hold an inquiry or other hearing. | |
(2) If this paragraph applies the provisions of Chapter 2 of Part 2 of the principal | |
Act continue to have effect in relation to the proposals. | |
(3) The relevant date is whichever is the later of— | |
(a) the end of any period prescribed by regulations under section 53 of | 25 |
the principal Act for the making of objections to the proposals; | |
(b) the commencement of Part 2 of this Act. | |
10 (1) If paragraph 9 does not apply the provisions of Chapter 2 of Part 2 of the | |
principal Act continue to have effect in relation to the proposals subject to | |
the modifications in sub-paragraphs (2) to (5) below. | 30 |
(2) If before the commencement of Part 2 of this Act the local planning authority | |
have not published revised proposals in pursuance of regulations under | |
section 53 of the principal Act— | |
(a) any provision of the regulations relating to publication of revised | |
proposals must be ignored, | 35 |
(b) the authority must comply again with section 40(2) of the principal | |
Act. | |
(3) If before the commencement of Part 2 of this Act the local planning authority | |
have published revised proposals in pursuance of regulations under section | |
53 of the principal Act the authority must comply again with section 40(2) of | 40 |
that Act. | |
(4) Any provision of regulations under section 53 of the principal Act which | |
permits the local planning authority to modify proposals after an inquiry or | |
other hearing has been held under section 42 of that Act must be ignored. | |
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(5) If such an inquiry or other hearing is held the authority must adopt the | |
proposals in accordance with the recommendations of the person appointed | |
to hold the inquiry or other hearing. | |
11 (1) This paragraph applies if the Secretary of State thinks— | |
(a) that the conformity requirement is likely to give rise to inconsistency | 5 |
between the proposals and relevant policies or guidance, and | |
(b) that it is necessary or expedient to avoid such inconsistency. | |
(2) The Secretary of State may direct that to the extent specified in the direction | |
the conformity requirement must be ignored. | |
(3) The Secretary of State must give reasons for the direction. | 10 |
(4) The conformity requirement is— | |
(a) the requirement under section 36(4) of the principal Act that the local | |
plan is to be in general conformity with the structure plan; | |
(b) the prohibition under section 43(3) of the principal Act on the | |
adoption of proposals for a local plan or for its alteration or | 15 |
replacement which do not conform generally with the structure plan. | |
(5) Revelant policies and guidance are— | |
(a) national policies; | |
(b) advice contained in guidance; | |
(c) policies in the RSS. | 20 |
12 If proposals are adopted or approved in pursuance of paragraphs 9 to 11 | |
above paragraph 1 of this Schedule applies to the policies contained in the | |
proposals as if— | |
(a) they were policies contained in a development plan for the purposes | |
of section 54 of the principal Act; | 25 |
(b) the date of commencement of section 37 is the date when the | |
proposals are adopted or approved. | |
13 (1) This paragraph applies if, at the date of commencement of Part 1 a local | |
planning authority have not prepared a local plan in pursuance of section 36 | |
of the principal Act. | 30 |
(2) References in paragraphs 8 to 12 to proposals for the alteration or | |
replacement of a plan must be construed as references to the plan. | |
Minerals and waste local plans | |
14 Paragraphs 8 to 13 above apply to a minerals local plan and a waste local | |
plan as they apply to a local plan and references in those paragraphs to a | 35 |
local planning authority must be construed as including references to a | |
mineral planning authority and an authority who are entitled to prepare a | |
waste local plan. | |
Schemes | |
15 (1) This paragraph applies to— | 40 |
(a) the local development scheme which a local planning authority are | |
required to prepare and maintain under section 14 of this Act; | |
(b) the minerals and waste development scheme which a county council | |
are required to prepare and maintain for any part of their area for | |
which there is a district council. | 45 |
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(2) During the transitional period the local planning authority or county council | |
(as the case may be) must include in the scheme as a development plan | |
document— | |
(a) any plan or document which relates to an old policy (for the | |
purposes of paragraph 1 above) which has not been replaced by a | 5 |
new policy; | |
(b) any proposals adopted or approved by virtue of paragraphs 3 to 12 | |
above. | |
Savings | |
16 (1) The repeal by this Act of paragraphs 1 to 4 of Schedule 13 to the principal Act | 10 |
does not affect anything which is required or permitted to be done for the | |
purposes of Chapter 2 of Part 6 of the principal Act during any time when a | |
plan mentioned in any of those paragraphs continues to form part of the | |
development plan by virtue of— | |
(a) paragraph 1 of this Schedule, or | 15 |
(b) that paragraph as applied by any other provision of this Schedule. | |
(2) References to a plan mentioned in any of paragraphs 1 to 4 include any | |
proposal for the alteration or replacement of the plan. | |
(3) The development plan is the development plan for the purposes of section | |
27 or 54 of the principal Act. | 20 |
Regulations and orders | |
17 (1) The Secretary of State may by regulations make provision for giving full | |
effect to this Schedule. | |
(2) The regulations may, in particular— | |
(a) make such provision as he thinks is necessary in consequence of this | 25 |
Schedule; | |
(b) make provision to supplement any modifications of the principal Act | |
required by this Schedule; | |
(3) The Secretary of State may by order make such provision as he thinks is | |
necessary in consequence of anything done under or by virtue of this | 30 |
Schedule. | |
(4) Provision under sub-paragraph (3) includes provisions corresponding to | |
that which could be made by order under Schedule 2 of the principal Act. | |
Interpretation | |
18 (1) References to section 27 of the principal Act must be construed subject to | 35 |
section 28(3)(a) and (c) of that Act. | |
(2) RSS must be construed in accordance with Part 1 of this Act. | |
(3) Development plan document must be construed in accordance with Part 2 | |
of this Act. | |
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