Joint Committee on Statutory Instruments Twenty-Second Report


Appendix 1 S.I. 2004/1231: memorandum from the Office of the Deputy Prime Minister


Town and Country Planning (London Borough of Camden) Special Development Order 2004 (S.I. 2004/1231)


1. The Committee has requested a memorandum on the following point:

Article 4 modifies paragraphs (2) to (5) of article 8 of the 1995 Order. Why was paragraph (6) not also modified?

2. Paragraph (6) of article 8 of the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419) ("the 1995 Order") deals with the consequences of the removal, obstruction or defacement of site notices publicising a planning application. Site notices are required to be in place for a period of 21 days from the date of first publication. Paragraph (6) provides that if a notice is removed, obscured or defaced within this period through no fault of the authority it will be treated as having complied with this requirement provided it has taken reasonable steps for the protection of the notice and, if need be, its replacement.

3. The date of first publication is defined by reference to the provisions requiring the notice to be given. The relevant provisions in the 1995 Order are paragraphs (3)(a), (4)(a)(i) and (5)(a) of article 8. The corresponding provisions of article 8, as substituted by article 4 of the Town and Country Planning (London Borough of Camden) Special Development Order 2004 ("the Special Development Order") in relation to land within the London Borough of Camden, are paragraphs (3)(a), (3A)(a), (4)(a) and (5)(a).

4. The Office of the Deputy Prime Minister accepts that paragraph (6) of article 8 of the 1995 Order should have been modified to include the references to paragraphs (3A)(a) and (4)(a) to reflect the changes made by the Special Development Order. This error is due to an oversight for which the Office apologises. An amendment to this instrument will be issued shortly to correct the references. The amending instrument will be issued free of charge.

1st June 2004


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2004
Prepared 28 June 2004