New Towns Act 1981

New towns E+W

1 Designation of areas. E+W

(1) If the Secretary of State is satisfied, after consultation with any local authorities who appear to him to be concerned, that it is expedient in the national interest that any area of land should be developed as a new town by a corporation established under this Act, he may make an order designating that area as the site of the proposed new town.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this section may include in the area designated as the site of the proposed new town any existing town or other centre of population; and references in this Act to a new town or proposed new town shall be construed accordingly.

[F2 (3A) Before making an order under this section designating an area of land in England as the site of a proposed new town, the Secretary of State must consult the following persons (as well as the local authorities mentioned in subsection (1))—

(a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the site;

(b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the site;

(c) any other person whom the Secretary of State considers it appropriate to consult.]

(4) Schedule 1 to this Act has effect with respect to the procedure to be followed in connection with the making of orders under this section [F3 designating areas of land in Wales] and with respect to the validity and date of operation of such orders.

(5) An order under this section shall, when operative, be a local land charge . . . F4

Textual Amendments

F1 S. 1(2) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F2 S. 1(3A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(2)(a), 216(3); S.I. 2016/733, reg. 3(g)

F3 Words in s. 1(4) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(2)(b), 216(3); S.I. 2016/733, reg. 3(g)

F4 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

[F5 1A Local authority to oversee development of new town E+W

(1) This section applies where the Secretary of State is considering designating an area of land in England as the site of a proposed new town in an order under section 1.

(2) The Secretary of State may, in an order under section 1, appoint one or more local authorities to oversee the development of the area as a new town.

(3) But a local authority may only be appointed if the area of land mentioned in subsection (1) is wholly or partly within the area of the local authority.

(4) The Secretary of State may by regulations make provision about how a local authority is to oversee the development of an area as a new town.

(5) Regulations under subsection (4) may, for example—

(a) provide that a local authority is to exercise specified functions under this Act which would otherwise be exercisable by the Secretary of State, the appropriate Minister or the Treasury;

(b) provide that a local authority is to exercise such functions subject to specified conditions or limitations;

(c) provide that specified functions under this Act may be exercised only with the consent of a local authority;

(d) make provision about the membership of a corporation established under section 3, including the proportion of the members of the corporation who may be members of or employed by a local authority;

(e) modify provisions of this Act;

(f) make different provision for different purposes;

(g) make incidental, supplementary or consequential provision.

(6) In subsection (5)(a) the reference to “functions” does not include a power to make regulations or other instruments of a legislative character.

(7) Where two or more local authorities are appointed in an order containing provision by virtue of subsection (2), the Secretary of State may in that order provide—

(a) that a specified function is to be exercised by a specified local authority, or

(b) that a specified function is to be exercised by two or more specified local authorities jointly.

(8) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council, or

  (c)

  a London borough council;

• “specified” means specified in—

  (a)

  an order containing provision by virtue of subsection (2), or

  (b)

  regulations under subsection (4).]

Textual Amendments

F5 S. 1A inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(2), 46(1); S.I. 2017/767, reg. 2(f)

2 Reduction of designated areas. E+W

(1) The Secretary of State may make an order excluding any land specified in the order from the area of a new town if, after consulting—

(a) the development corporation for the town, and

(b) any county council and district council [F6 or, in the case of land in Wales, any county council or county borough council] in whose area the land is situated,

he is satisfied that it is expedient to make the order.

(2) Subject to subsections (3) and (4) below, on the coming into force of an order under subsection (1) above—

(a) the land specified in the order shall cease to be contained in the area of the new town; and

(b) the order made under section 1 above designating the area shall cease to operate as regards that land.

(3) The Secretary of State may in an order under this section make such provision by way of savings and transitional provisions (including provisions amending provisions made by or under an enactment) as he thinks fit, and subsection (2) above applies subject to any such savings and transitional provisions.

(4) Schedule 2 to this Act applies with respect to the effect of an order made under this section.

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Words in s. 2(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(1)(with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F7 S. 2(5) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

Modifications etc. (not altering text)

C1 S. 2 modified (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 5(a)