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Make
provision for the protection of gardens and urban green spaces;
and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Town and Country Planning Act 1990 |
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(1) |
The Town and Country Planning
Act 1990 (c. 8) is amended as follows. |
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(2) |
After section 71A insert— |
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“71B |
Duty
as respects gardens and urban green space in exercise of |
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5 |
In
the exercise of any function under or by virtue of the planning
Acts, |
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the
Greater London Authority Act 1999 (c. 29) or the Planning and
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Compulsory
Purchase Act 2004 (c. 5), special regard shall be had to the |
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desirability
of preserving gardens and urban green spaces.” |
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(3) |
In section 336, after the
definition of “function”, insert— |
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(a) |
land laid out as a
public garden; |
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(b) |
land used for the purposes
of public recreation; or |
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(c) |
an area of open space
which benefits wildlife and |
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15 |
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(1) |
This Act may be cited as
the Land Use (Garden Protection) Act 2008. |
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(2) |
This Act extends to England
and Wales only. |
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