Town and Country Planning Act 1990

Land allocated for public authority functions in development plans etc. E+W

1 Land indicated in a structure plan in force for the district in which it is situated either—

(a) as land which may be required for the purposes—

(i) of the functions of a government department, local authority [F1 National Park authority] or statutory undertakers, F2 . . ., or

[F3 (ii) of the provision by an electronic communications code operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service, or]

(b) as land which may be included in an action area.

Notes

(1) In this paragraph the reference to a structure plan in force includes a reference to—

[F4 (a) proposals for the alteration or replacement of a structure plan which have been made available for inspection under section 33(2);

(b) any proposed modifications to those proposals which have been published in accordance with regulations under section 53.]

(2) Note (1) shall cease to apply when the copies of the proposals made available for inspection have been withdrawn under section [F5 34].

(3) Note (1) shall also cease to apply when—

(a) the relevant proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject the proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 51.

(5) This paragraph does not apply to land situated in a district for which a local plan is [F6 in operation], where that plan—

(a) allocates any land in the district for the purposes of such functions as are mentioned in this paragraph; or

(b) defines any land in the district as the site of proposed development for the purposes of any such functions.

[F7 (5A) In Note (5) the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the M1 Planning and Compensation Act 1991.]

(6) This paragraph does not apply to land within paragraph 5 or 6.

(7) In the application of this paragraph to Greater London the reference to a structure plan shall be construed as a reference to the Greater London Development Plan [F8 and Notes (1) to (4) shall be omitted].

Textual Amendments

F1 Words in Sch. 13 para. 1(a)(i) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(16) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F2 Words in Sch. 13 para. 1(a)(i) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 39(4), Sch. 11 Pt. II (with s. 40(7), Sch. 10 para. 12); S.I. 1994/2552, art. 2

F3 Sch. 13 para. 1(a)(ii) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 105 (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F4 Sch. 13 para. 1 Note (1) paras. (a)(b) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 37(1)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F5 Word in Sch. 13 para. 1 Note (2) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt II para. 37(2)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F6 Words in Sch. 13 para. 1 Note (5) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt II para. 37(3)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F7 Sch. 13 para. 1 Note (5A) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 37(4)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F8 Words in Sch. 13 para. 1 Note (7) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt II para. 37(5)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

Modifications etc. (not altering text)

C1 Sch. 13 para. 1 applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 PT. III para. 21(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Marginal Citations

M1 1991 c. 34.

Yn ddilys o 28/09/2004

[F9 1A E+W Land which is identified for the purposes of relevant public functions by a development plan document for the area in which the land is situated.

Notes

(1) Relevant public functions are—

(a) the functions of a government department, local authority, National Park authority or statutory undertakers;

(b) the establishment or running by a public telecommunications operator of a telecommunication system.

(2) For the purposes of this paragraph a development plan document is—

(a) a development plan document which is adopted or approved for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (in this paragraph, the 2004 Act);

(b) a revision of such a document in pursuance of section 26 of the 2004 Act which is adopted or approved for the purposes of Part 2 of the 2004 Act;

(c) a development plan document which has been submitted to the Secretary of State for independent examination under section 20(1) of the 2004 Act;

(d) a revision of a development plan document in pursuance of section 26 of the 2004 Act if the document has been submitted to the Secretary of State for independent examination under section 20(1) of that Act.

(3) But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.

(4) In Note (2)(c) and (d) the submission of a development plan document to the Secretary of State for independent examination is to be taken to include the holding of an independent examination by the Secretary of State under section 21 or section 27 of the 2004 Act.]

Textual Amendments

F9 Sch. 13 para. 1A inserted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(3) (with s. 111); S.I. 2004/2202, art. 2 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 (with transitional provisions and savings in art. 3)

Yn ddilys o 05/10/2005

[F10 1B E+W Land in Wales which is identified for the purposes of relevant public functions by a local development plan for the area in which the land is situated.

Notes

(1) Relevant public functions are—

(a) the functions of the National Assembly for Wales, a government department, local authority, National Park authority or statutory undertakers;

(b) the establishment or running by a public telecommunications operator of a telecommunications system.

(2) For the purposes of this paragraph a local development plan is—

(a) a local development plan which is adopted or approved for the purposes of Part 6 of the Planning and Compulsory Act 2004 (in this paragraph, the 2004 Act);

(b) a revision of a local development plan in pursuance of section 70 of the 2004 Act which is adopted or approved for purposes of Part 6 of the 2004 Act;

(c) a local development plan which has been submitted to the National Assembly for independent examination under section 64(1) of the 2004 Act;

(d) a revision of a local development plan in pursuance of section 70 of the 2004 Act if the plan has been submitted to the National Assembly for independent examination under section 64(1) of that Act.

(3) But Note (2)(c) and (d) does not apply if the plan is withdrawn under section 66 of the 2004 Act at any time after it has been submitted for independent examination.

(4) In Note (2)(c) and (d) the submission of a local development plan to the National Assembly for independent examination is to be taken to include the holding of an independent examination by the National Assembly under section 65 or section 71 of the 2004 Act.]

Textual Amendments

F10 Sch. 13 para. 1B inserted (5.10.2005) by Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(3) (with art. 7)

2 Land which—

(a) is allocated for the purposes of any such functions as are mentioned in paragraph 1(a)(i) or (ii) by a local plan [F11 in operation] for the district, or

(b) is land defined in such a plan as the site of proposed development for the purposes of any such functions.

Notes

[F12 (1) In this paragraph the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the M2 Planning and Compensation Act 1991, and also includes—

(a) proposals for the making or alteration and replacement of any such plan where copies of the proposals have been made available for inspection under section 40(2) or by virtue of paragraph 43 of Schedule 4 to the M3 Planning and Compensation Act 1991; and

(b) any proposed modifications to those proposals which have been published in accordance with regulations under section 53.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Note (1) shall F13 . . . cease to apply when—

(a) the relevant plan or proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject, or the local planning authority decide to abandon, the plan or proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 51.

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Words in Sch. 13 para. 2 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para. 37(6)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F12 Sch. 13 para. 2 Note (1) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4), Sch. 4 Pt. II para. 37(7)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F13 Word in Sch. 13 para. 2 Note (3) repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(2)-(4)(6), Sch. 4 para. 37(9), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

F14 Sch. 13 para. 2 Notes (2), (5) repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 para. 37(8), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

Modifications etc. (not altering text)

C2 Sch. 13 para. 2 applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 22 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Marginal Citations

M2 1991 c. 34.

M3 1991 c. 34.

3 Land indicated in a unitary development plan in force [F15 where the land] is situated—

(a) as land which may be required for the purpose of any such functions as are mentioned in paragraph 1(a)(i) or (ii), or

(b) as land which may be included in an action area.

Notes

(1) In this paragraph the reference to a unitary development plan includes references to—

(a) a unitary development plan of which copies have been made available for inspection under section [F16 13(2)];

(b) proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) F17 . . .;

(c) modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

(2) Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section F18 . . . 14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

(3) Note (1) shall also cease to apply when—

(a) the relevant plan or proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

Textual Amendments

F15 Words in Sch. 13 para. 3 substituted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(16) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F16 Words in Sch. 13 para. 3 Note (1)(a) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 37(10)(a)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F17 Words in Sch. 13 para. 3 Note (1)(b) repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 37(10)(b), Sch. 19 Pt. I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3

F18 Words in Sch. 13 para. 3 Note (2) repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 37(11), Sch. 19 Pt. I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch. 3

4 Land which by a unitary development plan is allocated for the purposes, or defined as the site, of proposed development for any such functions as are mentioned in paragraph 1(a)(i) or (ii).

Notes

(1) In this paragraph the reference to a unitary development plan includes references to—

(a) a unitary development plan of which copies have been made available for inspection under section [F19 13(2)]:

(b) proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) F20 . . .;

(c) modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

(2) Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section F21 . . .14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

(3) Note (1) shall also cease to apply when—

(a) the relevant plan or proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

Textual Amendments

F19 Words in Sch. 13 para. 4 Note (1)(a) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. II para. 37(12)(a)(with s. 84(5)); S.I. 1991/2728, art. 2 ; S.I. 1991/2905, art.4

F20 Words in Sch. 13 para. 4 Note (1)(b) repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 37(12)((b), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

F21 Words in Sch. 13 para. 4 Note (2) repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84(6), Sch. 4 Pt. II para. 37(13), Sch. 19 Pt.I(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4, Sch. 3

5 Land indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of any [F22 such functions as are mentioned in paragraph 1(a)(i) or (ii).]

Textual Amendments

F22 Words in Sch. 13 para. 5 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.56 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

6 Land in respect of which a local planning authority—

(a) have resolved to take action to safeguard it for development for the purposes of any such functions as are mentioned in paragraph 5, or

(b) have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.