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Town and Country Planning Act 1990
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Changes and effects yet to be applied to Section 1:
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This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 225-225E inserted by 2011 c. 20 s. 127(1)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2010/626 art. 10
- Act modified by S.I. 2011/950 art. 22 Sch. para. 1(2) 2-6
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7A inserted by 2011 c. 20 Sch. 22 para. 32
- s. 61E-61Q inserted by 2011 c. 20 Sch. 9 para. 2
- s. 61F applied by 2004 c. 5 s. 38C(2)(a) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- s. 61I(2)(3) applied by 2004 c. 5 s. 38C(2)(b) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- s. 61K applied by 2004 c. 5 s. 38B(6) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- s. 61M applied (with modifications) by 2004 c. 5 s. 38C(2)(c)(3) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- s. 61N applied (with modifications) by 2004 c. 5 s. 38C(2)(d)(4) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- s. 61O applied by 2004 c. 5 s. 38C(2)(e) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- s. 61P applied by 2004 c. 5 s. 38C(2)(f) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- s. 61W-61Y inserted by 2011 c. 20 s. 122(1)
- s. 70C inserted by 2011 c. 20 s. 123(2)
- s. 165ZA inserted by 2011 c. 20 Sch. 22 para. 33
- s. 171BA-171BC inserted by 2011 c. 20 s. 124(1)
- s. 172A inserted by 2011 c. 20 s. 125
- Sch. 4B applied (with modifications) by 2004 c. 5 s. 38A(3) 38C(5) (as inserted) by 2011 c. 20 Sch. 9 para. 7
- Sch. 4B inserted by 2011 c. 20 Sch. 10
- Sch. 4C inserted by 2011 c. 20 Sch. 11
Commencement Orders yet to be applied to the Town and Country Planning Act 1990:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2010/321 art. 2 commences (2004 c. 5)
- S.I. 2010/321 art. 3 amendment to earlier commencing SI 2006/1061 art. 4
- S.I. 2010/321 art. 4 amendment to earlier commencing SI 2007/1369 art. 3
- S.I. 2010/566 art. 3 commences (2008 c. 29)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
1 Local planning authorities: general.E+W
(1)In a non-metropolitan county—
(a)the council of a county is the county planning authority for the county, and
(b)the council of a district is the district planning authority for the district,
and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.
[F1(1A)Subsection (1) does not apply in relation to Wales.
(1B)In Wales—
(a)the local planning authority for a county is the county council; and
(b)the local planning authority for a county borough is the county borough council.]
(2)The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. [F2 But, in the case of a London borough, see also sections 2A to 2E (Mayor of London).]
(3)In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) F3. . . all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.
(4)In this Act “mineral planning authority” means—
(a)in respect of a site in a non-metropolitan county, the county planning authority; and
(b)in respect of a site in a metropolitan district or London borough, the local planning authority.
[F4(4A)Subsection (4) does not apply in relation to Wales.
(4B)As to any site in Wales, the local planning authority is also the mineral planning authority.]
(5)This section has effect subject to any express provision to the contrary in the planning Acts and, in particular—
(a)[F5this section has] effect subject to [F6sections 4Ato][F78A] of this Act F8. . .; [F9and]
(b)subsections [F10(1) to (2)] have effect subject to sections 2 and 9; and
(c)subsection (3) has effect subject to F11. . . Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them).
[F12(6)The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to F13. . . Schedule 1A.]
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 1(1A)(1B) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2
F2Words in s. 1(2) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 31(1), 59; S.I. 2008/582, art. 2(a)
F3Words in s. 1(3) repealed (3.4.1995) by 1994 c. 19, ss. 18(6), 66(8), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, arts. 4(1), 9(1), Sch. 2, Sch. 5
F4S. 1(4A)(4B) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2
F5Words in s. 1(5)(a) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(6)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2
F6Words in s. 1(5)(a) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F7Word in s. 1(5)(a) substituted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 28; S.I. 1993/2762, art. 3
F8Words in s. 1(5)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
F9Word in s. 1(5)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(1)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F10Words in s. 1(5)(b) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(6)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2
F11Words in s. 1(5)(c) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
F12S. 1(6) added (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2
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