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Powers in relation to acquired land |
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11 | Main powers in relation to acquired land |
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Schedule 3 (which makes provision about powers in relation to land of the |
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12 | Powers in relation to, and for, statutory undertakers |
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Schedule 4 (which provides for powers in relation to, and for, statutory |
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13 | Power of Secretary of State to make designation orders |
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(1) | The Secretary of State may by order designate an area in England if the |
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Secretary of State considers that— |
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(a) | the area is suitable for development, and |
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(b) | condition 1 or 2 is met. |
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(2) | Condition 1 is that it is appropriate for the HCA to be the local planning |
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authority for the whole or any part of the area— |
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(a) | for all permitted purposes or for particular permitted purposes, and |
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(b) | in relation to all kinds of development or particular kinds of |
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(3) | Condition 2 is that it is appropriate for— |
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(c) | both sets of provisions, |
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| to apply in relation to the area. |
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(a) | so far as made by virtue of condition 1 being met, may contain |
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provisions of the kind mentioned in section 14, and |
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(b) | so far as made by virtue of condition 2 being met, may provide for— |
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(iii) | both sets of provisions, |
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| to apply in relation to the designated area. |
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(5) | The Secretary of State must, before making a designation order, consult— |
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(a) | every local authority any part of whose area is intended to be included |
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in the proposed designated area, and |
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(b) | any person, other than a local authority, who is the local planning |
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authority for the proposed designated area or any part of it. |
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“designated area” means an area designated by a designation order, |
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“designation order” means an order under this section, |
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“local planning authority”, in relation to a designation order or proposed |
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designation order, means— |
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|
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|
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|
(a) | so far as the order relates to permitted purposes under Part 2 of |
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the Planning and Compulsory Purchase Act 2004 (c. 5), the local |
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planning authority within the meaning of that Part of that Act, |
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(b) | in any other case, the local planning authority within the |
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meaning of Part 1 of the Town and Country Planning Act 1990 |
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“permitted purposes” means any purposes of— |
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(a) | the Town and Country Planning Act 1990 (other than section |
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137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that |
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(b) | the Planning (Listed Buildings and Conservation Areas) Act |
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1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and |
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sections 82A to 82F and 88C, of that Act), and |
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(c) | Part 2 of the Planning and Compulsory Purchase Act 2004, |
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| and references to a designated area, in the case of an area whose boundaries |
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have been amended by an order made under this section by virtue of section |
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14 of the Interpretation Act 1978 (c. 30), are to be read as references to the |
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designated area as so amended. |
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(7) | In this section “local authority” means a county council in England, a district |
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council, a London borough council or the Common Council of the City of |
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14 | The HCA as the local planning authority |
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(1) | A designation order, so far as made by virtue of condition 1 (as mentioned in |
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section 13(2)) being met, may contain provisions of the following kind. |
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(2) | The order may provide for the HCA to be the local planning authority for the |
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whole or any part of the designated area— |
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(a) | for all permitted purposes or for specified permitted purposes, and |
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(b) | in relation to all kinds of development or specified kinds of |
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(3) | The order may provide that where the HCA is the local planning authority for |
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the whole or any part of the designated area it is to have— |
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(a) | in relation to the whole or any part of the designated area, and |
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(b) | subject to any specified modifications, |
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| functions conferred by or under specified planning-related provisions. |
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(4) | An order which makes provision of the kind mentioned in subsection (2) may |
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make provision about the application of enactments relating to local planning |
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authorities to the HCA in its capacity as the local planning authority by virtue |
| |
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(5) | An order which makes provision of the kind mentioned in subsection (3) may |
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make provision about the application to the HCA of enactments relating to the |
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(6) | Provision made by virtue of subsection (4) or (5) may, in particular, provide |
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(a) | is to apply to the HCA without modification, |
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(b) | is to apply to it subject to specified modifications, |
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(c) | is not to apply to it. |
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|
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|
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|
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“planning-related provisions” means— |
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(a) | Chapter 1 of Part 6 (other than section 137A), and section 188, of |
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the Town and Country Planning Act 1990 (c. 8), |
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(b) | sections 32 and 33 to 37, 54, 55 and 76 of the Planning (Listed |
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Buildings and Conservation Areas) Act 1990 (c. 9), and |
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(c) | the Planning (Hazardous Substances) Act 1990 (c. 10) (other |
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than sections 30A to 31A and 36C of that Act), |
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“specified”, in relation to a designation order, means specified or |
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15 | Adoption of private streets |
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(1) | This section applies if a designation order provides for it to apply in relation to |
| |
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(2) | The HCA may serve an adoption notice if any street works have been executed |
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on any land in the designated area which was then, or has since become, a |
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private street (or part of a private street). |
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(3) | An adoption notice is a notice requiring the street works authority to declare |
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the street (or part) to be a highway which, for the purposes of the Highways |
| |
Act 1980 (c. 66), is a highway maintainable at the public expense. |
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(4) | An adoption notice must be served on the street works authority. |
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(5) | Subsection (6) applies if— |
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(a) | a street works authority— |
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(i) | does not comply with the adoption notice, and |
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(ii) | does not appeal under section 16, and |
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(b) | the period of 2 months, beginning with the day on which the adoption |
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notice is served, has ended. |
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(6) | The street (or part) becomes a highway which, for the purposes of the |
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Highways Act 1980, is a highway maintainable at the public expense. |
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(7) | In this section “street works” and “street works authority” have the same |
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meanings as in Part 11 of the Highways Act 1980. |
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16 | Appeals against adoption of private streets |
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(1) | This section applies if— |
| |
(a) | a designation order provides for this section to apply in relation to a |
| |
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(b) | the HCA has served on the street works authority an adoption notice |
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under section 15 in relation to the area. |
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(2) | The street works authority may appeal to the Secretary of State against the |
| |
notice within the period of 2 months beginning with the day on which the |
| |
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(3) | On an appeal under subsection (2), the Secretary of State must— |
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(a) | consider any representations made to the Secretary of State by the HCA |
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and the street works authority, and |
| |
|
| |
|
| |
|
(b) | decide the appeal by setting aside, or confirming, the adoption notice |
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(with or without modifications). |
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(4) | Subsections (5) and (6) apply if the Secretary of State confirms the adoption |
| |
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(5) | The Secretary of State may, at the same time, impose conditions (including |
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financial conditions) upon the HCA with which it must comply for the notice |
| |
| |
(6) | The street (or part) becomes a highway which, for the purposes of the |
| |
Highways Act 1980 (c. 66), is a highway maintainable at the public expense |
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with effect from such date as the Secretary of State may specify. |
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(7) | In this section “street works authority” has the same meaning as in Part 11 of |
| |
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17 | Traffic regulation orders for private streets |
| |
(1) | This section applies if a designation order provides for it to apply in relation to |
| |
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(2) | The Secretary of State may make an order under this section if— |
| |
(a) | the HCA makes representations to the Secretary of State that an order |
| |
should be made in relation to any road in the designated area which is |
| |
| |
(b) | the Secretary of State considers that the traffic authority do not intend |
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to make a traffic regulation order in relation to the road. |
| |
(3) | An order under this section may contain any provision in relation to the road |
| |
which might have been made by the Secretary of State in a traffic regulation |
| |
order if the Secretary of State had been the traffic authority. |
| |
(4) | The Road Traffic Regulation Act 1984 (c. 27) applies to an order under this |
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section as it applies to a traffic regulation order made by the Secretary of State |
| |
in relation to a road for which the Secretary of State is the traffic authority. |
| |
| |
“road” has the same meaning as in the Road Traffic Regulation Act 1984, |
| |
“traffic authority” has the same meaning as in that Act, |
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“traffic regulation order” means an order under section 1 or (as the case |
| |
| |
| |
(1) | Section 4 of the Planning and Compulsory Purchase Act 2004 (c. 5) (assistance |
| |
for regional planning bodies from certain local authorities) is amended as |
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| |
(2) | For subsection (4) substitute— |
| |
“(4) | These are the authorities which fall within this subsection— |
| |
(a) | each of the following if their area or any part of their area is in |
| |
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(ii) | a metropolitan district council; |
| |
|
| |
|
| |
|
(iii) | a district council for an area for which there is no county |
| |
| |
(iv) | a National Park authority; and |
| |
(b) | the Homes and Communities Agency if it is the local planning |
| |
authority for an area or part of an area in the RPB’s region. |
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(4A) | For the purposes of subsection (4), the Homes and Communities |
| |
Agency is the local planning authority for an area if— |
| |
(a) | the area is the whole or part of a designated area within the |
| |
meaning of Part 1 of the Housing and Regeneration Act 2008; |
| |
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(b) | the order designating the area was made under section 13 of |
| |
that Act by virtue of condition 1 in subsection (2) of that section |
| |
| |
(3) | In subsection (8) after “(5)” insert “other than arrangements with the Homes |
| |
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Other powers etc. in relation to land |
| |
19 | Power to enter and survey land |
| |
(1) | Any person authorised by the HCA may, at any reasonable time, enter any |
| |
land for the purpose of surveying it, or estimating its value, in connection |
| |
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(a) | any proposal for the HCA to acquire that land or any other land, or |
| |
(b) | any claim for compensation in respect of any such acquisition. |
| |
(2) | A person authorised under subsection (1) to enter any land— |
| |
(a) | must, if required, produce evidence of the authority before entering the |
| |
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(b) | must not demand admission as of right to any occupied land unless the |
| |
HCA has served notice of the intended entry on the occupier not less |
| |
than 28 days before the making of the demand. |
| |
(3) | A person interested in any land may recover compensation from the HCA in |
| |
respect of any damage done to the land— |
| 30 |
(a) | in the exercise of a right of entry under this section, or |
| |
(b) | in making a survey under this section. |
| |
(4) | Section 118 of the Town and Country Planning Act 1990 (c. 8) (determination |
| |
of claims for compensation) applies in relation to compensation under |
| |
subsection (3) as it applies in relation to compensation under Part 4 of that Act. |
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(5) | A person (“A”) commits an offence if A intentionally obstructs another person |
| |
(“B”) in the exercise of B’s powers under subsection (1) above. |
| |
(6) | A person who commits an offence under subsection (5) is liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
(7) | The references in subsections (3) and (5) to this section or subsection (1) include |
| 40 |
references to those provisions as extended by section 20. |
| |
|
| |
|