New Towns Act 1981

Planning control in new towns E+W

7 Planning control. E+W

(1) In relation to a new town—

(a) the development corporation shall from time to time submit to the Secretary of State, in accordance with any directions given by him in that behalf, their proposals for the development of land within the area of the new town; and

(b) the Secretary of State, after consultation with the district planning authority within whose area the land is situated, and with any other local authority who appear to him to be concerned, may approve any such proposals either with or without modification.

(2) A special development order made by the Secretary of State under [F1 section 59 of the Town and Country Planning Act 1990] with respect to the area of a new town—

(a) may grant permission for any development of land in accordance with proposals approved under subsection (1) above; and

(b) such permission shall be subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the district planning authority) as may be specified in the order.

This subsection is without prejudice to the generality of the powers conferred by [F1 sections 59 to 61 of that Act of 1990].

(3) In this section the references to a district planning authority shall[F2 , in relation to proposals for development of land [F3 in Wales or] in a metropolitan county, be construed as references to the local planning authority; and] in relation to proposals for any development which is a county matter as defined in [F4 paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990] [F5 and which is of land in a non-metropolitan county], be construed as references to the county planning authority.

Textual Amendments

F1 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 51(1)(a)

F2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 9(1)(a)

F3 Words in s. 7(3) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 51(1)(b)

F5 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 9(1)(b)

Modifications etc. (not altering text)

C1 S. 7(1) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

8 Features of special architectural or historic interest. E+W

It is the Secretary of State’s duty to give to a development corporation such directions—

(a) with respect to the disposal of land acquired by them under this Act, and

(b) with respect to the development by them of such land,

as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historic interest, and in particular of buildings included in any list ( compiled or approved, or having effect as if compiled or approved, under [F6 section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990] (which relates to the compilation or approval by the Secretary of State of lists of buildings of such interest).

Textual Amendments

F6 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 51(2)

9 Frontages and abutments. E+W

(1) In the case of land—

(a) which forms a frontage to a road, or

(b) which abuts on or is adjacent to a road,

a local highway authority or the Secretary of State may enter into an agreement with any owner of the land imposing on the land, so far as that owner’s interest in the land enables him to bind it, restrictions for controlling the development of the land.

(2) Any restrictions imposed by an agreement under subsection (1) above may be enforced by the local highway authority or the Secretary of State, as the case may be, against the owner referred to in that subsection and any person deriving title under him in the like manner and to the like extent—

(a) as if that authority or the Secretary of State were possessed of, or interested in, adjacent land; and

(b) as if that agreement had been entered into for the benefit of such land.