SCHEDULES

SCHEDULE 7Planning in England and Wales: Minor and Consequential Amendments

Part XV

48After section 316 there is inserted—

316ALocal planning authorities as statutory undertakers

In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.

49For section 319 there is substituted—

319The Isles of Scilly

(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2)An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority.

(3)Before making an order under this section the Secretary of State shall consult with that Council.

50(1)Section 325 is amended as follows.

(2)In subsection (1)(a) after “authority” there is inserted “and state the purpose of his entry”.

(3)In subsection (2), for “level 2” there is substituted “level 3”.

(4)In subsection (4), for “premises” there is substituted “land”.

51At the end of section 329 there is inserted—

(4)This section is without prejudice to section 233 of the [1972 c. 70.] Local Government Act 1972 (general provisions as to service of notices by local authorities).

52(1)Section 336 is amended as follows.

(2)In subsection (1)—

(a)after the definition of “authority to whom Part II of the 1959 Act applies” there is inserted—

“breach of condition notice” has the meaning given in section 187A;

“breach of planning control” has the meaning given in section 171A,

(b)at the end of the definition of “buildings or works” there is inserted “and references to the removal of buildings or works include demolition of buildings and filling in of trenches”; and

(c)for the definition of “building operations” there is substituted—

“building operations” has the meaning given by section 55,

(d)the definition of “established use certificate” is omitted,

(e)in the definition of “owner” the words “(except in sections 66, 67 and 71)” are omitted,

(f)after the definition of “the planning Acts” there is inserted—

“planning contravention notice” has the meaning given in section 171C, and

(g)in the definition of “planning permission” the words from “and in construing” to the end are omitted.

(3)In subsection (9) for “in Part V of Schedule 16” there is substituted “of Parts III, VII and VIII” and “(1) to (3)” is omitted.

(4)In subsection (10) for “sections 324(2) and” there is substituted “section”.