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Planning and Compulsory Purchase Bill


Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

132

 

Finance Act 1969 (c. 32)

2          

In section 58(4) of the Finance Act 1969 (disclosure of information for

statistical purposes), in the Table in the entry relating to local planning

authorities—

(a)   

in the first column for “the Town and Country Planning Act 1990”

5

there is substituted “Part 2 or 6 of the Planning and Compulsory

Purchase Act 2003”;

(b)   

In the second column for “Part II of the Town and Country Planning

Act 1990” there is substituted “Part 2 or 6 of the Planning and

Compulsory Purchase Act 2003”.

10

Leasehold Reform Act 1967 (c. 88)

3          

In section 28(6)(a) of the Leasehold Reform Act 1967 (development for

certain public purposes) for “Town and Country Planning Act 1990” there is

substituted “Planning and Compulsory Purchase Act 2003”.

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

15

4          

In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 after

subsection (3) there is inserted the following subsection—

“(4)   

If a person is entitled in respect of the same interest in land to a

payment both—

(a)   

by virtue of subsection (1), and

20

(b)   

under section 33B of the Land Compensation Act 1973

(additional loss payment for agricultural land),

   

section 33H of that Act (only one payment to be made if a person has

dual entitlement) applies.”

Countryside Act 1968 (c. 41)

25

5     (1)  

Paragraph 3 of Schedule 2 to the Countryside Act 1968 is amended as

follows.

      (2)  

In sub-paragraph (2), after “published” there is inserted “, affixed”.

      (3)  

In sub-paragraph (4)(a), after “published” there is inserted “, affixed”.

      (4)  

The amendments made by this paragraph do not apply to compulsory

30

purchase orders of which notice under section 11 of the Acquisition of Land

Act 1981 is published before commencement of this paragraph.

Greater London Council (General Powers) Act 1969 (c lii)

6          

In section 13 of the Greater London Council (General Powers) Act 1969

(exercise of powers relating to walkways), in the proviso for the words from

35

“any local plan” to “Schedule 1 to that Act)” there is substituted “a local

development document (within the meaning of Part 2 of the Planning and

Compulsory Purchase Act 2003)”.

Land Compensation Act 1973 (c. 26)

7     (1)  

The Land Compensation Act 1973 is amended as follows.

40

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

133

 

      (2)  

In section 29 (home loss payments) after subsection (3A) there is inserted the

following subsection—

“(3B)   

For the purposes of this section a person must not be treated as

displaced from a dwelling in consequence only of the compulsory

acquisition of part of a garden or yard or of an outhouse or

5

appurtenance belonging to or usually enjoyed with the building

which is occupied or is intended to be occupied as the dwelling.”

      (3)  

Sections 34 to 36 are omitted.

      (4)  

In section 87(1) (general interpretation) in the definition of “dwelling”

“(except in section 29)” is omitted.

10

      (5)  

But the amendments made by this paragraph do not have effect in relation

to a compulsory purchase order made or made in draft before the

commencement of this paragraph.

Greater London Council (General Powers) Act 1973 (c xxx)

8          

In section 24(4) of the Greater London Council (General Powers) Act 1973

15

(definitions for the purpose or provision relating to parking place

agreements)—

(a)   

in the definition of appropriate provision for “the Greater London”

there is substituted “their”;

(b)   

in the second place where it occurs “Greater London development

20

plan” is omitted.

Welsh Development Agency Act 1975 (c. 70)

9     (1)  

Schedule 4 to the Welsh Development Agency Act 1975 is amended as

follows.

      (2)  

Paragraph 2 is omitted.

25

      (3)  

In paragraph 3, in sub-paragraph (1)(c), for “section 13 of that Act to

objections made by an owner, lessee or occupier” there is substituted

“sections 13 and 13A of that Act to relevant objections”.

      (4)  

The amendments made by this paragraph do not apply to compulsory

purchase orders of which notice under section 11 of the Acquisition of Land

30

Act 1981 is published before commencement of this paragraph.

Local Government, Planning and Land Act 1980 (c. 65)

10    (1)  

The Local Government, Planning and Land Act 1980 is amended as follows.

      (2)  

In section 142 (acquisition by corporation), in subsection (2A), “(subject to

section 144(2))” is omitted.

35

      (3)  

In section 143 (acquisition by local highway authority), in subsection (3A),

“(subject to section 144(2))” is omitted.

      (4)  

In section 144, in subsection (2), “the 1981 Act and” is omitted.

      (5)  

In Schedule 28, in paragraph 1, “The 1981 Act and” and the words from “and

in paragraph 2” to the end are omitted.

40

      (6)  

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,

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

134

 

paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published

before commencement of this paragraph.

      (7)  

In Schedule 26 (Urban Development Corporations), after paragraph 14 there

are inserted the following paragraphs—

“Delegation of planning functions

5

14A   (1)  

This paragraph applies in relation to any function conferred on the

corporation by virtue of an order under section 149 above.

      (2)  

The corporation may appoint committees and such committees

may appoint sub-committees.

      (3)  

Anything which is authorised or required to be done by the

10

corporation—

(a)   

may be done by any member of the corporation or of its

staff who is authorised for the purpose either generally or

specifically;

(b)   

may be done by a committee or sub-committee which is so

15

authorised.

      (4)  

The corporation may—

(a)   

determine the quorum of a committee or sub-committee;

(b)   

make such arrangements as it thinks appropriate relating

to the meetings and procedure of a committee or sub-

20

committee.

      (5)  

Anything done for the purposes of sub-paragraph (4) is subject to

directions given by the Secretary of State.

      (6)  

The validity of anything done by a committee or sub-committee is

not affected by—

25

(a)   

any vacancy among its members;

(b)   

any defect in the appointment of any of its members.

      (7)  

This paragraph does not extend to Scotland.

14B   (1)  

This paragraph has effect in relation to the membership of

committees and sub-committees appointed under paragraph 14A.

30

      (2)  

A committee may consist of—

(a)   

such members of the corporation as it appoints;

(b)   

such other persons as the corporation (with the consent of

the Secretary of State) appoints.

      (3)  

A sub-committee of a committee may consist of—

35

(a)   

such members of the committee as it appoints;

(b)   

such persons who are members of another committee of

the corporation (whether or not they are members of the

corporation) as the committee appoints;

(c)   

such other persons as the corporation (with the consent of

40

the Secretary of State) appoints.

      (4)  

The membership of a committee or sub-committee—

(a)   

must always include at least one person who is a member

of the corporation;

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

135

 

(b)   

must not include any person who is a member of the staff

of the corporation.”

Highways Act 1980 (c. 66)

11    (1)  

The Highways Act 1980 is amended as follows.

      (2)  

In section 232(8) after “1990” there is inserted “and Parts 2 and 6 of the

5

Planning and Compulsory Purchase Act 2003”.

      (3)  

In section 232(9) for the definition of development plan there is

substituted—

““development plan” must be construed in accordance with section

37 of the Planning and Compulsory Purchase Act 2003;

10

“local authority” has the same meaning as in the Town and Country

Planning Act 1990.”

      (4)  

Section 259 (power to confirm, etc, compulsory purchase order in part) is

omitted.

      (5)  

The amendment made by sub-paragraph (4) does not apply to a compulsory

15

purchase order 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 the commencement of that sub-paragraph.

Acquisition of Land Act 1981 (c. 67)

12         

In section 29(5) of the Acquisition of Land Act 1981 for the words “any

20

reference to any owner, lessee or occupier” there are substituted the words

“the reference to a qualifying person for the purposes of section 12(2)”.

Housing Act 1985 (c. 68)

13    (1)  

In section 578A of the Housing Act 1985 (modification of compulsory

purchase order in case of acquisition of land for clearance), in subsection (2),

25

for “section 13” there is substituted “sections 13 to 13C”.

      (2)  

The amendment made by sub-paragraph (1) does not apply to compulsory

purchase orders of which notice under section 11 of the Acquisition of Land

Act 1981 is published before commencement of this paragraph.

Education Reform Act 1988 (c. 40)

30

14    (1)  

The Education Reform Act 1988 is amended as follows.

      (2)  

In section 190 (wrongful contracts or disposals), in subsection (6) for the

words from “references” to the end there is substituted “the reference in

section 12 of that Act to an owner of the land included reference to the

London Residuary Body”.

35

      (3)  

In section 201 (wrongful disposals), in subsection (6), for the words from

“references” to the end there is substituted “the reference in section 12 of that

Act to an owner of the land included reference to the local education

authority concerned”.

      (4)  

The amendments made by this paragraph do not apply to compulsory

40

purchase orders of which notice under section 11 of the Acquisition of Land

Act 1981 is published before commencement of this paragraph.

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

136

 

Housing Act 1988 (c. 50)

15    (1)  

Paragraph 2 of Schedule 10 to the Housing Act 1988 (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 under section 11 of or, as the case may be,

5

paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published

before commencement of this paragraph.

Planning and Compensation Act 1991 (c. 34)

16         

In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted.

Local Government Act 1992 (c. 19)

10

17         

In section 14(5) of the Local Government Act 1992 (structural changes which

may be recommended by the Electoral Commission), paragraph (d) is

omitted.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

18    (1)  

Schedule 20 to the Leasehold Reform, Housing and Urban Development Act

15

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”.

      (3)  

Paragraph 2 is omitted.

      (4)  

The amendments made by this paragraph do not apply to compulsory

20

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.

Environment Act 1995 (c. 25)

19    (1)  

The Environment Act 1995 is amended as follows.

25

      (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

paragraph 2(1), in the definition of “first review date”, for “paragraph 5”

there is substituted “paragraphs 3A and 5”.

30

      (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

paragraph 3(1) or (2).

      (2)  

Sub-paragraph (3) applies if no first review date is found in

35

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

for different cases or different classes of case.

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

137

 

      (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)

20    (1)  

The Town and Country Planning (Scotland) Act 1997 is amended as follows.

5

      (2)  

In section 275 (regulations and orders), after subsection (2) there is

inserted—

“(2A)   

Regulations may make different provision for different purposes.”

      (3)  

In Schedule 10 (periodic review of mineral planning permissions)—

(a)   

in paragraph 2(1), in the definition of “first review date”, for

10

“paragraph 5” there is substituted “paragraphs 3A and 5”; and

(b)   

after paragraph 3, there is inserted the following paragraph—

“3A   (1)  

The Scottish Ministers may by order specify a first review date

different from the first review date found in pursuance of

paragraph 3(1) or (2).

15

     (2)  

Sub-paragraph (3) applies if no first review date is found in

pursuance of paragraph 3(1) or (2).

     (3)  

The Scottish Ministers may by order specify a first review date.

     (4)   

An order under sub-paragraph (3) may make different provision

for different cases or different classes of case.

20

      (5)  

An order under this paragraph must be made by statutory

instrument subject to annulment in pursuance of a resolution of

the Scottish Parliament.”.

Regional Development Agencies Act 1998 (c. 45)

21    (1)  

Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998

25

(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.

30

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”;

35

(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;”

40

 

 

Planning and Compulsory Purchase Bill
Schedule 8 — Transitional provisions: Parts 1 and 2

138

 

      (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—

5

(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 115

 

Transitional provisions: Parts 1 and 2

10

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

15

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—

20

(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.

25

      (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;

30

(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;

35

(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.

40

      (7)  

A new policy is published if it is contained in—

 

 

 
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