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enable
local planning authorities to require planning permission prior
to the |
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demolition or change of use
of premises or land used or formerly used to |
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provide a local service; and
for connected purposes. |
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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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For the purposes of this
Act— |
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“local planning authority”
has the meaning given in Part 1 of the Town |
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and Country Planning Act
1990; |
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“local services”
include, but are not limited to, retail outlets, public |
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5 |
houses, banks, health facilities,
including hospitals and pharmacies, |
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legal services, social housing,
post offices, schools, public eating places, |
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sporting and leisure facilities
and open spaces, and such other types of |
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land or premises as the Secretary
of State shall determine in Guidance |
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issued to local authorities. |
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2 |
General
permitted development |
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(1) |
The Secretary of State must
by regulations made by statutory instrument |
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amend the Town and Country
Planning (General Permitted Development) |
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Order 1995 (S.I. 1995/418)
(the “GPDO”), so that a local planning authority in
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England may remove from the
scope of the GPDO— |
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15 |
(a) |
all land or premises used
or formerly used as a local service, |
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(b) |
a specified type or types
of land or premises used or formerly used as a |
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(c) |
such land or premises used
or formerly used as a local service specified |
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on a list prepared by the
local planning authority. |
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(2) |
The Secretary of State must
lay regulations under section 2(1) before |
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Parliament before the end
of the period of 12 months beginning with the day |
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on which this Act is passed. |
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The Secretary of State must
within 12 months of this Act being passed issue a |
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Direction to local planning
authorities in England under section 55(2)(g) of the |
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Town and Country Planning
Act 1990 so that a local planning authority in |
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England may require planning
permission prior to the demolition of— |
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(a) |
all land or premises used
or formerly used as a local service, |
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(b) |
a specified type or types
of land or premises used or formerly used as a |
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(c) |
such land or premises used
or formerly used as a local service specified |
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on a list prepared by the
local planning authority. |
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4 |
Procedure
to be followed by local planning authorities |
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(1) |
The Secretary of State must
by regulations made by statutory instrument make |
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provision about the procedure
to be followed by local planning authorities in |
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England in relation to section
2 (general permitted development) and 3 |
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(demolition) of this Act. |
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(2) |
Before making regulations
under section 4(1) the Secretary of State must |
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(a) |
local authorities or persons
who represent the interests of local |
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(b) |
such other persons as the
Secretary of State considers appropriate. |
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(3) |
Regulations made under section
4(1) must require local planning authorities to |
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(a) |
parish councils whose boundaries
fall either wholly or partly within the |
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boundaries of the local planning
authority, and |
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(b) |
persons or organisations
which are in the local planning authority’s |
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view likely to be affected
by, or interested in, the making of a decision |
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in relation to sections 2
or 3 of this Act. |
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(4) |
The Secretary of State must
lay regulations under section 4(1) before |
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Parliament before the end
of the period of 12 months beginning with the day |
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on which this Act is passed. |
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A statutory instrument containing
regulations under this Act is subject to |
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annulment in pursuance of
a resolution of either House of Parliament. |
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There
is to be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred under or by virtue of this Act by the Secretary
of |
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(b) |
any
increase attributable to this Act in the sums payable under any
other Act |
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out
of money so provided. |
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7 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Protection of Local Services (Planning) Act 2011. |
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(2) |
This Act comes into force
on the day on which it is passed. |
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