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Planning and Compensation Act 1991

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SCHEDULES

Section 21.

SCHEDULE 1E+W Mines and Waste

1The principal Act is amended as follows.E+W

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Commencement Information

I1Sch. 1 para. 1 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

2In section 72(5) (conditional grant of planning permission) after “the winning and working of minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.E+W

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Commencement Information

I2Sch. 1 para. 2 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

3In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted—E+W

(d)to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i)the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii)the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;.

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Commencement Information

I3Sch. 1 para. 3 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

4In section 97 (power to revoke or modify planning permission) in subsection (5) the words from “and Part II of Schedule 5” to the end are omitted and after that subsection there is inserted—E+W

(6)Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development—

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of refuse or waste materials.

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Commencement Information

I4Sch. 1 para. 4 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

5In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted—E+W

(8)Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.

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Commencement Information

I5Sch. 1 para. 5 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

6In section 102(8) (discontinuance orders, etc.) for “consisting in the winning and working of minerals” there is substituted “ consisting of the winning and working of minerals or involving the depositing of refuse or waste materials ”.E+W

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Commencement Information

I6Sch. 1 para. 6 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

7For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—E+W

105 Reviews by mineral planning authorities.

(1)Every mineral planning authority shall undertake periodic reviews about the winning and working of minerals and the depositing of mineral waste in their area.

(2)Subject to regulations made by virtue of subsection (4), the duty under this section is, at such intervals as they think fit—

(a)to review every mining site in their area; and

(b)to consider whether they should make an order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9, and if they do consider that they should make any such order, to make it.

(3)For the purposes of subsection (2) “a mining site” means a site which—

(a)is being used for the winning and working of minerals or the depositing of mineral waste;

(b)has been so used at any time during—

(i)the period of five years preceding the date of the beginning of the review; or

(ii)such other period preceding that date as may be prescribed; or

(c)is authorised to be so used.

(4)If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.

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Commencement Information

I7Sch. 1 para. 7 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

8In section 107 (compensation where planning permission revoked or modified) in subsection (5) for “1(2)” there is substituted “ 1(3) ”.E+W

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Commencement Information

I8Sch. 1 para. 8 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

9For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—E+W

116 Modification of compensation provisions in respect of mineral working etc.

(1)Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under—

(a)section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(b)paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,

sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2)Any such regulations may make provision—

(a)as to circumstances in which compensation is not to be payable;

(b)for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

(c)for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases and incidental or supplementary provision.

(3)No such regulations shall be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(4)Before making any such regulations the Secretary of State shall consult such persons as appear to him to be representative—

(a)of persons carrying out mining operations;

(b)of owners of interests in land containing minerals; and

(c)of mineral planning authorities.

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Commencement Information

I9Sch. 1 para. 9 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

10In section 117(2) (general provisions as to compensation for depreciation under Part IV) for “under paragraph 1 of Schedule 11” there is substituted “ by virtue of section 116 ”.E+W

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Commencement Information

I10Sch. 1 para. 10 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

11In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after “minerals” there is inserted “ or involving the depositing of mineral waste ”.E+W

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Commencement Information

I11Sch. 1 para. 11 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

12In section 336(1) (interpretation)—E+W

(a)after the definition of “conservation area” there is inserted—

depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;

(b)the definitions of “development consisting of the winning and working of minerals” and “mineral compensation modifications” are omitted;

(c)in the definition of “minerals” for “minerals and substances in or under land” there is substituted “ substances ”;

(d)the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” are omitted; and

(e)at the end there is inserted—

the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

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Commencement Information

I12Sch. 1 para. 12 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

13In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1—E+W

(a)in sub-paragraph (1)(d) for “disposal” there is substituted “ depositing ”; and

(b)sub-paragraph (2) is omitted.

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Commencement Information

I13Sch. 1 para. 13 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

14(1)In Schedule 5, in paragraph 1(1) for “consisting of the winning and working of minerals” there is substituted E+W

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of mineral waste,.

(2)In sub-paragraphs (2), (3) and (5) of that paragraph for “development”, in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”.

(3)In sub-paragraph (6) of that paragraph “consisting of the winning and working of minerals” is omitted.

(4)In paragraph 2(1) of that Schedule—

(a)in paragraph (a) after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”; and

(b)in paragraph (b) for “operations for the winning and working of minerals have been completed” there is substituted “ the winning and working is completed or the depositing has ceased ”.

(5)In paragraph 6 of that Schedule for the words from “carried out” to “under the land” there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

(6)In paragraph 7 of that Schedule after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

(7)At the end of that Schedule there is inserted—

InterpretationE+W

9In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

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Commencement Information

I14Sch. 1 para. 15 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

15(1)In Schedule 9, in paragraph 1(1) for paragraph (a) there is substituted—E+W

(a)that any use of land for—

(i)development consisting of the winning and working of minerals; or

(ii)the depositing of refuse or waste materials,

should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing;.

(2)For paragraph (c) of that sub-paragraph there is substituted—

(c)that any plant or machinery used for the winning and working or the depositing should be altered or removed,.

(3)For sub-paragraphs (2) and (3) of that paragraph there is substituted—

(2)An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

(a)required by paragraph 1 of Schedule 5; or

(b)specified in the order.

(3)Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if—

(a)references to the local planning authority were references to the mineral planning authority; and

(b)the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2).

(4)In paragraph 2 of that Schedule for sub-paragraph (1) there is substituted—

(1)An order under paragraph 1 may impose a restoration condition.

(5)In sub-paragraph (4)(b) of that paragraph for the words from “before” to “under it” there is substituted “ before the development began ”.

(6)For paragraph 3(1) to (3) of that Schedule there is substituted—

(1)Where it appears to the mineral planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has permanently ceased,

the mineral planning authority may by order—

(i)prohibit the resumption of the winning and working or the depositing; and

(ii)impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

(2)The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when—

(a)no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and

(b)it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

(3)The requirements mentioned in sub-paragraph (1) are—

(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;

(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;

(c)a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d)a restoration condition.

(7)At the end of paragraph 4(8) of that Schedule there is inserted “ or involving the depositing of mineral waste ”.

(8)For paragraph 5(1) of that Schedule there is substituted—

(1)Where it appears to the mineral planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has been temporarily suspended,

the mineral planning authority may by order require that steps be taken for the protection of the environment.

(9)For sub-paragraphs (3) and (4) there is substituted—

(3)The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—

(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least twelve months; but

(b)it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.

(4)In this Act “steps for the protection of the environment” means steps for the purpose—

(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;

(b)of protecting that area from damage during that period; or

(c)of preventing any deterioration in the condition of the land during that period.

(10)In paragraph 10(1) of that Schedule for “in, on or under the land” there is substituted “ or involving the depositing of mineral waste at the site ”.

(11)In sub-paragraph (3) of that paragraph for “development consisting of the winning and working of minerals” there is substituted “ the development ”.

(12)For sub-paragraph (4) of that paragraph there is substituted—

(4)The mineral planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

(13)For sub-paragraph (8) there is substituted—

(8)If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

(14)At the end of that Schedule there is inserted—

InterpretationE+W

12In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

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Commencement Information

I15Sch. 1 para. 15 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

16(1)Schedule 11 (compensation in respect of certain orders affecting mineral working) is omitted.E+W

(2)Without prejudice to section 17(2)(b) of the M1Interpretation Act 1978, any regulations made or having effect as if made by virtue of Schedule 11 to the principal Act shall, to the extent that they are in force on the coming into force of this paragraph, have effect as if made under section 116 of the principal Act as substituted by paragraph 9 of this Schedule.

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Commencement Information

I16Sch. 1 para. 16 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

Section 22.

SCHEDULE 2E+W Registration of Old Mining Permissions

Application for registrationE+W

1(1)Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the mineral planning authority for the permission to be registered.E+W

(2)The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.

(3)The application must be served on the mineral planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force.

(4)On an application under this paragraph, the mineral planning authority must—

(a)if they are satisfied that (apart from section 22(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

(i)the area of land to which the permission relates, and

(ii)the conditions (if any) to which the permission is subject,

and grant the application, and

(b)in any other case, refuse the application.

(5)Where—

(a)application has been made under this paragraph, but

(b)the mineral planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

the application is to be treated for the purposes of section 22 of this Act and this Schedule as having been refused by the authority.

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Commencement Information

I17Sch. 2 para. 1 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Determination of conditionsE+W

2(1)The conditions to which an old mining permission is to be subject—E+W

(a)may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

(b)may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and

(c)must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

(2)Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the mineral planning authority to determine the conditions to which the permission is to be subject.

(3)The application must set out proposed conditions.

(4)The application must be served on the mineral planning authority—

(a)after the date mentioned in sub-paragraph (5) below, and

(b)except where section 22(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(5)The date referred to in sub-paragraph (4) above is—

(a)the date on which the application for registration is granted by the mineral planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and

(b)in any other case, the date on which the application for registration is finally determined.

(6)On an application under this paragraph—

(a)the mineral planning authority must determine the conditions to which the permission is to be subject, and

(b)if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 22 of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

(7)The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b) of the principal Act (planning permission granted for a limited period).

(8)This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.

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Modifications etc. (not altering text)

C1Sch. 2 para. 2(6)(a): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Commencement Information

I18Sch. 2 para. 2 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

RegistrationE+W

3(1)Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 69 of the principal Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above.E+W

(2)Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.

(3)The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.

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Commencement Information

I19Sch. 2 para. 3 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

General provisions about applicationsE+W

4(1)An application under paragraph 1 or 2 above is an application which is—E+W

(a)made on an official form, and

(b)accompanied by an appropriate certificate.

(2)The applicant must, so far as reasonably practicable, give the information required by the form.

(3)Where the mineral planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.

(4)Where the mineral planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.

(5)An appropriate certificate is such a certificate—

(a)as would be required under the provisions mentioned in sub-paragraph (6) or, as the case may be, (7) below to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or, as the case may be, involving the depositing of mineral waste, but

(b)with such modifications as are required for the purposes of this Schedule.

(6)For the purposes of paragraph 1 above, the provisions referred to in sub-paragraph (5) above are—

(a)sections 66 to 68 of the principal Act (notification of owners and agricultural tenants) and any provisions of a development order made by virtue of those sections, or

(b)where section 16(1) of this Act is in force, any provision, corresponding to the provisions referred to in paragraph (a) above, of section 65 of that Act (notice etc. of applications) and of a development order made by virtue of that section.

(7)For the purposes of paragraph 2 above, the provisions referred to in sub-paragraph (5) above are—

(a)sections 65 to 68 of the principal Act (publicity for applications) and any provision of a development order made by virtue of those sections, or

(b)where section 16(1) of this Act is in force, section 65 of that Act and any provision of a development order made by virtue of that section.

(8)Section 68(1) or, as the case may be, 65(5) of that Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

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Commencement Information

I20Sch. 2 para. 4 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Right of appealE+W

5(1)Where the mineral planning authority—E+W

(a)refuse an application under paragraph 1 above, or

(b)in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

(2)Where on an application under paragraph 2 above, the mineral planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

(3)An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

(4)In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b).

(5)In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination.

(6)A notice of appeal under this paragraph is a notice which—

(a)is made on an official form, and

(b)is accompanied by an appropriate certificate.

(7)The appellant must, so far as reasonably practicable, give the information required by the form.

(8)Paragraph 4(5) to (8) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.

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Commencement Information

I21Sch. 2 para. 5 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Determination of appealE+W

6(1)On an appeal under paragraph 5 above the Secretary of State may—E+W

(a)allow or dismiss the appeal, or

(b)reverse or vary any part of the decision of the mineral planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

(2)Before determining such an appeal the Secretary of State must, if either the appellant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3)If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(4)The decision of the Secretary of State on such an appeal shall be final.

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Modifications etc. (not altering text)

C2Sch. 2 para. 6 extended (E.W.) (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(3)(with ss. 7(6), 115, 117); S.I. 1995/2765, art.2

Sch. 2 para. 6 extended (E.W.) (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(3) (with ss. 7(6), 115, 117); S.I. 1995/2765, art.2

Commencement Information

I22Sch. 2 para. 6 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Reference of applications to Secretary of StateE+W

7(1)The Secretary of State may give directions requiring applications under this Schedule to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.E+W

(2)The direction may relate either to a particular application or to applications of a class specified in the direction.

(3)Where an application is referred to him under this paragraph—

(a)subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—

(i)paragraph 1(1) to (4),

(ii)paragraph 2(1) to (6)(a), (7) and (8),

(iii)paragraphs 3 and 4, and

(iv)paragraphs 8 to 10,

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority,

(b)before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and

(c)the decision of the Secretary of State on the application shall be final.

(4)Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.

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Commencement Information

I23Sch. 2 para. 7 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Two or more applicantsE+W

8(1)Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission—E+W

(a)he may not serve any further application under the paragraph in question in respect of the same permission, and

(b)if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

(2)Where—

(a)a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and

(b)another person duly serves an application under the paragraph in question in respect of the same permission,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.

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Commencement Information

I24Sch. 2 para. 8 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Application of provisions of principal ActE+W

9(1)Subject to paragraph 3 above, section 69 of the principal Act (registers of applications, etc.), and any provision of a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above.E+W

(2)Where the mineral planning authority is not the authority required to keep the register under that section, the mineral planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph.

(3)Sections 284 and 288 of the principal Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.

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Commencement Information

I25Sch. 2 para. 9 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

InterpretationE+W

10(1)In this Schedule—E+W

  • official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and

  • owner” in relation to any land means any person who—

(a)is the estate owner in respect of the fee simple, or

(b)is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.

(2)For the purposes of section 22 of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—

(a)the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the principal Act, have been determined, and

(b)any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

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Modifications etc. (not altering text)

Commencement Information

I26Sch. 2 para. 10 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Section 25.

SCHEDULE 3E+W Listed Buildings, Conservation Areas and Hazardous Substances

Part IE+W Changes relating to enforcement

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

1In section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (offences: penalties)—E+W

(a)for subsection (4) there is substituted—

(4)A person who is guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.; and

(b)in subsection (5) “on indictment” is omitted.

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Commencement Information

I27Sch. 3 para. 1 in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

2For section 38(5) and (6) of that Act (withdrawal of notices) there is substituted—E+W

(5)The local planning authority may—

(a)withdraw a listed building enforcement notice (without prejudice to their power to issue another); or

(b)waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 38(3),

and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.

(6)The local planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it.

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Commencement Information

I28Sch. 3 para. 2 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

3(1)Section 39 of that Act (appeals) is amended as follows.E+W

(2)For subsection (1)(b) and (c) there is substituted—

(b)that the matters alleged to constitute a contravention of section 9(1) or (2) have not occurred;

(c)that those matters (if they occurred) do not constitute such a contravention.

(3)For subsection (2) there is substituted—

(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

(4)In subsection (3) after “shall” there is inserted “ subject to any order under section 65(3A) ”.

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Commencement Information

I29Sch. 3 para. 3 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

4For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—E+W

(1)On an appeal under section 39 the Secretary of State may—

(a)correct any defect, error or misdescription in the listed building enforcement notice; or

(b)vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(2)Where the Secretary of State determines to allow the appeal, he may quash the notice.

(2A)The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

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Commencement Information

I30Sch. 3 para. 4 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

5For section 42(6) of that Act (power to execute works required by listed building enforcement notice) there is substituted—E+W

(6)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Commencement Information

I31Sch. 3 para. 5 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

6For section 43 of that Act (penalties for non-compliance) there is substituted—E+W

43 Offence where listed building enforcement notice not complied with.

(1)Where, at any time after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is then owner of the land is in breach of the notice.

(2)If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.

(3)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(4)In proceedings against any person for an offence under this section, it shall be a defence for him to show—

(a)that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or

(b)that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,000; and

(b)on conviction on indictment, to a fine.

(6)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

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Commencement Information

I32Sch. 3 para. 6 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

7After section 44 of that Act there is inserted—E+W

44A Injunctions.

(1)Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.

(2)On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

(3)Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

(4)The references in subsection (1) to a local planning authority include, as respects England, the Commission.

(5)In this section “the court” means the High Court or the county court.

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Commencement Information

I33 Sch. 3 para. 7 wholly in force: Sch. 3 para. 7 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 3 para. 7 wholly in force at 2.1.1992 so far as not already in force by S.I. 1991/2905, arts. 3, 5

8(1)Section 65 of that Act (appeals to High Court) is amended as follows.E+W

(2)After subsection (3) there is inserted—

(3A)In proceedings brought by virtue of this section, the High Court or, as the case may be, the Court of Appeal may, on such terms, if any, as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the listed building enforcement notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

(3)For subsection (5) there is substituted—

(5)No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

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Commencement Information

I34Sch. 3 para. 8 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

9(1)In section 88 of that Act (rights of entry)—E+W

(a)in subsection (1) after “on it” there is inserted “ or any other land ”,

(b)in subsection (2)(a) after “surveying it” there is inserted “ or any other land ”,

(c)in subsection (2)(b) after “complied with” there is inserted “ in relation to the land or any other land ”,

(d)in subsection (2)(c) after “on the land” there is inserted “ or any other land ”,

(e)in subsection (2)(d) for “such building” there is substituted “ building on the land or any other land ”,

(f)in subsection (3)(a) after “section 59” there is inserted “ in relation to the land or any other land ”, and

(g)in subsection (3)(b) and (c) after “the land” there is inserted “ or any other land ”.

(2)For subsection (7) of that section there is substituted—

88A Warrants to enter land.

(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 88; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by the appropriate authority to enter the land.

(2)In subsection (1) “the appropriate authority” means the person who may authorise entry on the land under section 88 for the purpose in question.

(3)For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(4)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.

88B Rights of entry: supplementary provisions.

(1)A person authorised under section 88 to enter any land shall not demand admission as of right to any land which is occupied unless twenty-four hours notice of the intended entry has been given to the occupier.

(2)A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 88 or 88A (referred to in this section as “a right of entry”)—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(5)Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(6)A person who is guilty of an offence under subsection (4) shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(7)If any damage is caused to land or chattels in the exercise of—

(a)a right of entry; or

(b)a power conferred by virtue of section 88(6) in connection with such a right,

compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part IV of that Act.

(8)No person shall carry out any works in exercise of a power conferred under section 88 unless notice of his intention to do so was included in the notice required by subsection (1).

(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 88 if—

(a)the land in question is held by statutory undertakers; and

(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(10)Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (9) as it applies for the purposes of section 325(9) of the principal Act.

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Commencement Information

I35Sch. 3 para. 9 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Planning (Hazardous Substances) Act 1990 (c. 10.)E+W

10In section 23(4) of the Planning (Hazardous Substances) Act 1990 (offences)—E+W

(a)for “the statutory maximum” there is substituted “ £20,000 ”, and

(b)for the words following paragraph (b) there is substituted—

(4A)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

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Commencement Information

I36Sch. 3 para. 10 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

11In section 24 of that Act (hazardous substances contravention notices)—E+W

(a)in subsection (1)(b) after “remedy” there is inserted “ wholly or partly ”, and

(b)in subsection (8) after “before” there is inserted “ or after ”, and

(c)at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

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Commencement Information

I37Sch. 3 para. 11 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

12After that section there is inserted—E+W

24A Variation of hazardous substances contravention notices.

(1)A hazardous substances authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 24(5)(b) in the notice.

(2)The powers conferred by subsection (1) may be exercised before or after the notice takes effect.

(3)The hazardous substances authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.

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Commencement Information

I38Sch. 3 para. 12 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

13In section 25(2) of that Act (contravention notices: effect of appeal) after “shall” there is inserted “ subject to regulations under this section ”.E+W

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Commencement Information

I39Sch. 3 para. 13 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

14After section 26(2) of that Act (transitional exemptions) there is inserted—E+W

(2A)This section shall have effect until the end of the transitional period.

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Commencement Information

I40Sch. 3 para. 14 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

15After section 26 of that Act there is inserted—E+W

26AA Injunctions.

(1)Where a hazardous substances authority consider it necessary or expedient for any actual or apprehended contravention of hazardous substances control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act.

(2)On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

(3)Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

(4)In this section “the court” means the High Court or the county court.

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Commencement Information

I41 Sch. 3 para. 15 wholly in force: Sch. 3 para. 15 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 3 para. 15 wholly in force at 2.1.1992 so far as not already in force by S.I. 1991/2905, arts. 3, 5

16(1)Section 36 of that Act (rights of entry) is amended as follows.E+W

(2)In subsection (4) after “contravention notice” there is inserted “ or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) ”.

(3)For subsection (6) there is substituted—

36A Warrants to enter land.

(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 36; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land.

(2)For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.

36B Rights of entry: supplementary provisions.

(1)A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (referred to in this section as “a right of entry”)—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(4)Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(5)A person who is guilty of an offence under subsection (3) shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(6)If any damage is caused to land or chattels in the exercise of—

(a)a right of entry; or

(b)a power conferred by virtue of section 36(5) in connection with such a right,

compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this section as it applies in relation to compensation under Part IV of that Act.

(7)The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 if—

(a)the land in question is held by statutory undertakers, and

(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(8)Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act.

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Commencement Information

I42Sch. 3 para. 16 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Part IIE+W Minor and Consequential Amendments

Local Government, Planning and Land Act 1980 (c. 65.)E+W

17In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the M2Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.E+W

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Commencement Information

I43Sch. 3 para. 17 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Marginal Citations

Housing Act 1988 (c. 50.)E+W

18In section 67(3A) of the Housing Act 1988 for “25 and 36” there is substituted “ 26AA, 36 and 36A ”.E+W

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Commencement Information

I44Sch. 3 para. 18 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9.)E+W

19In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990—E+W

(a)in subsection (2) “within such period as may be so specified” is omitted,

(b)for subsection (3) there is substituted—

(3)A listed building enforcement notice—

(a)shall specify the date on which it is to take effect and, subject to sections 39(3) and 65(3A), shall take effect on that date, and

(b)shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and, where different periods apply to different steps, references in this Part to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken., and

(c)in subsection (4) for “specified date” there is substituted “ date specified in it as the date on which it is to take effect ”.

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Commencement Information

I45Sch. 3 para. 19 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

20In section 39(7) of that Act “in writing” is omitted.E+W

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Commencement Information

I46Sch. 3 para. 20 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

21In section 42 of that Act—E+W

(a)in subsection (1) for “compliance period” there is substituted “ period for compliance with the notice ”, and

(b)subsection (7) is omitted.

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Commencement Information

I47Sch. 3 para. 21 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

22In section 46(4) of that Act for “sections 42 and 43” there is substituted “ section 42 ” and for “those sections” there is substituted “ that section ”.E+W

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Commencement Information

I48Sch. 3 para. 22 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

23Section 55(6) of that Act is omitted.E+W

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Commencement Information

I49Sch. 3 para. 23 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

24In section 82 of that Act—E+W

(a)in subsection (1) for “39(6), 42(6) and 55(6)” there is substituted “ and 39(6) ”, and

(b)in subsection (3) for “sections 39(6) and 42(6)” there is substituted “ section 39(6) ”.

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Commencement Information

I50Sch. 3 para. 24 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

25In section 88(6) of that Act for “subsection (7)” there is substituted “ section 88B(8) ” and “or the presence of minerals in it” is omitted.E+W

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Commencement Information

I51Sch. 3 para. 25 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

26In section 90(6)(b) of that Act “and 42(6)” is omitted.E+W

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Commencement Information

I52Sch. 3 para. 26 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

27In section 92(2)(b) of that Act “and 42(6)” is omitted.E+W

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Commencement Information

I53Sch. 3 para. 27 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

28In Schedule 3 to that Act, in paragraph 2(1)(b), after “section 41(1), (2)” there is inserted “ (2A) ”.E+W

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Commencement Information

I54Sch. 3 para. 28 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

29In Schedule 4 to that Act, in paragraph 5(b) for “and 88(2)(a) and (b)” there is substituted “ 44A, 88(2)(a) and (b) and 88A ”.E+W

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Commencement Information

I55Sch. 3 para. 29 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Planning (Hazardous Substances) Act 1990 (c. 10)E+W

30In section 25(1) of the Planning (Hazardous Substances) Act 1990—E+W

(a)in paragraph (b)(v) for “175(1) to (4)” there is substituted “ 175(1) to (3) ”, and

(b)in paragraph (c) “(1) to (5) and (7)” is omitted.

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Commencement Information

I56Sch. 3 para. 30 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

31In section 31(2) of that Act for “or 24” there is substituted “ 24 or 26AA ”.E+W

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Commencement Information

I57Sch. 3 para. 31 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

32In section 36(5) of that Act “Subject to subsection (6)” is omitted.E+W

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Commencement Information

I58Sch. 3 para. 32 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Section 27.

SCHEDULE 4E+W Development Plans

Part IE+W Streamlining of Development Plan System

1Part II of the principal Act (development plans) is amended as follows.E+W

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Commencement Information

I59Sch. 4 para. 1 wholly in force: Sch. 4 para. 1 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 1 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Unitary development plansE+W

2(1)In section 12 (content of unitary development plan), in subsection (3) for the words from “other” to the end there is substituted use of land in their area. E+W

(3A)The policies shall, subject to subsection (3B), include policies in respect of—

(a)the conservation of the natural beauty and amenity of the land;

(b)the improvement of the physical environment; and

(c)the management of traffic.

(3B)Regulations under this section may prescribe the aspects of such development and use with which the general policies in Part I of a unitary development plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

(2)In subsection (4)(a) of that section “other”, in the second place where it occurs, and “or for any description of development or other use of such land” are omitted.

(3)For subsection (6) of that section there is substituted—

(6)In formulating the general policies in Part I of a unitary development plan the authority shall have regard to—

(a)any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b)current national policies;

(c)the resources likely to be available; and

(d)such other matters as the Secretary of State may prescribe or, in a particular case, direct.

(4)After subsection (7) of that section there is inserted—

(7A)In formulating their proposals in Part II of a unitary development plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(5)At the end of that section there is inserted—

(10)Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

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Commencement Information

I60Sch. 4 para. 2 wholly in force: Sch. 4 para. 2 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 2 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

3After that section there is inserted—E+W

12A Urban development corporations.

(1)The Secretary of State may direct that a unitary development plan—

(a)shall not be prepared; or

(b)shall not operate,

in relation to the area of an urban development corporation.

(2)The Secretary of State may direct that proposals for the alteration or replacement of a unitary development plan shall not be prepared in relation to the area of an urban development corporation.

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Commencement Information

I61Sch. 4 para. 3 wholly in force at 10.2.1992, see s. 84(2)(3) and S.I. 1991/2905, art. 4

4For section 13 (publicity in connection with preparation of unitary development plan) there is substituted—E+W

13 Public participation.

(1)When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall—

(a)comply with—

(i)any requirements imposed by regulations made under section 26; and

(ii)any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b)consider any representations made in accordance with those regulations.

(2)Where the local planning authority have prepared a unitary development plan, before adopting it they shall—

(a)make copies of it available for inspection at such places as may be prescribed by those regulations;

(b)send a copy to the Secretary of State; and

(c)comply with any requirements imposed by those regulations.

(3)Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4)In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 26 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a)in accordance with regulations made under that section; and

(b)within the prescribed period.

(5)The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(6)A unitary development plan shall not be adopted by the authority under section 15 until—

(a)after they have considered any objections made in accordance with the regulations; or

(b)if no such objections are made, after the expiry of the prescribed period.

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Commencement Information

I62Sch. 4 para. 4 wholly in force: Sch. 4 para. 4 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 4 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

5In section 14 (withdrawal of unitary development plan)—E+W

(a)in subsections (2) and (4) for “13(3)” there is substituted “ 13(2) ”; and

(b)subsection (3) (concerning publicity) is omitted.

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Commencement Information

I63Sch. 4 para. 5 wholly in force: Sch. 4 para. 5 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 5 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

6In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted—E+W

(1)Subject to the following provisions of this section and sections 17 and 18, the local planning authority may by resolution adopt the unitary development plan, either as originally prepared or as modified so as to take account of—

(a)any objections to the plan; or

(b)any other considerations which appear to them to be material.

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Commencement Information

I64Sch. 4 para. 6 wholly in force: Sch. 4 para. 6 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 6 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

7In section 16 (local inquiries) for subsection (1) there is substituted—E+W

(1)Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(1A)The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(1B)The local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

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Commencement Information

I65Sch. 4 para. 7 wholly in force: Sch. 4 para. 7 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 7 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

8In section 17(1) (direction to consider proposals) for “consider modifying” there is substituted “ modify ”.E+W

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Commencement Information

I66Sch. 4 para. 8 wholly in force: Sch. 4 para. 8 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 8 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

9In sections 17(1) and 18(1) for “13(3)”, in both places where it occurs, there is substituted “ 13(2) ”.E+W

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Commencement Information

I67Sch. 4 para. 9 wholly in force: Sch. 4 para. 9 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 9 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

10In section 19(2) (approval of unitary development plan by Secretary of State) after “taken into account in” there is inserted “ preparing ”.E+W

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Commencement Information

I68Sch. 4 para. 10 wholly in force: Sch. 4 para. 10 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 10 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

11In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for “regulations under this Chapter” there is substituted “ the regulations. ”E+W

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Commencement Information

I69Sch. 4 para. 11 wholly in force: Sch. 4 para. 11 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 11 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

12(1)In section 21 (alteration or replacement of unitary development plan) for subsection (1) there is substituted—E+W

(1)A local planning authority may at any time prepare proposals—

(a)for alterations to the unitary development plan for their area; or

(b)for its replacement.

(1A)If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a)such alterations to the unitary development plan as he directs; or

(b)its replacement.

(1B)An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.

(2)In subsection (2) of that section “Subject to section 22” is omitted.

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Commencement Information

I70Sch. 4 para. 12 wholly in force: Sch. 4 para. 12 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 12 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

13Section 22 (short procedure for certain alterations and replacements) is omitted.E+W

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Commencement Information

I71Sch. 4 para. 13 wholly in force: Sch. 4 para. 13 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 13 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

14In section 23 (joint unitary development plans)—E+W

(a)subsections (2) to (4) and (9) and (10) are omitted;

(b)in subsection (5) for “(3)” there is substituted “ (2) ”;

(c)in subsection (6) for “(4)” there is substituted “ (3) ”; and

(d)in subsection (8) for “making” there is substituted “ preparing ” and for “make” there is substituted “ prepare ”.

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Commencement Information

I72Sch. 4 para. 14 wholly in force: Sch. 4 para. 14 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 14 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

15In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)—E+W

(a)after paragraph (c) there is inserted—

(cc)make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;

(b)in paragraph (f) for the words from “for the purpose” to “22(2)(b)” there is substituted “ in compliance with the regulations or available for inspection under section 13(2) ”; and

(c)after that paragraph there is inserted—

(ff)make provision for steps taken in compliance with the regulations in respect of a unitary development plan which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent unitary development plan;.

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Commencement Information

I73Sch. 4 para. 15 wholly in force: Sch. 4 para. 15 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 15 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Structure and local plansE+W

16In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted—E+W

(2)A structure plan shall contain a written statement formulating the authority’s general policies in respect of the development and use of land in their area.

(3)The policies shall, subject to subsection (4), include policies in respect of—

(a)the conservation of the natural beauty and amenity of the land;

(b)the improvement of the physical environment; and

(c)the management of traffic.

(4)Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

(5)A structure plan shall also contain —

(a)such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and

(b)such other matters as the Secretary of State may, in any particular case, direct.

(6)In formulating their general policies the authority shall have regard to—

(a)any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b)current national policies;

(c)the resources likely to be available; and

(d)such other matters as the Secretary of State may prescribe or, in a particular case, direct.

(7)Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area.

(8)The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b).

(9)Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

(10)For the purposes of this section, except subsection (6)(b), “policies” includes proposals.

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Commencement Information

I74Sch. 4 para. 16 wholly in force: Sch. 4 para. 16 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 16 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

17For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted—E+W

32 Alteration and replacement of structure plans.

(1)A local planning authority may at any time prepare proposals—

(a)for alterations to the structure plan for their area; or

(b)for its replacement.

(2)If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a)such alterations to the structure plan as he directs; or

(b)its replacement.

(3)An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a structure plan if the plan or any part of it has been approved by the Secretary of State under section 35A.

(4)Proposals for the alteration of a structure plan may relate to the whole or part of the area to which the plan relates.

(5)Proposals prepared under this section shall be accompanied by an explanatory memorandum.

(6)The explanatory memorandum shall state—

(a)the reasons which in the opinion of the authority justify each of their proposals;

(b)any information on which the proposals are based;

(c)the relationship of the proposals to general policies for the development and use of land in neighbouring areas which may be expected to affect the area to which the proposals relate,

and may contain such illustrative material as the authority think appropriate.

(7)Proposals for the alteration or replacement of a structure plan shall not become operative unless they are—

(a)adopted by the authority (under section 35); or

(b)approved by the Secretary of State (under section 35A).

33 Public participation.

(1)When preparing proposals for the alteration or replacement of a structure plan for their area and before finally determining their contents the local planning authority shall—

(a)comply with—

(i)any requirements imposed by regulations made under section 53; and

(ii)any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b)consider any representations made in accordance with those regulations.

(2)Where the authority have prepared proposals for the alteration or replacement of a structure plan they shall—

(a)make copies of the proposals and the explanatory memorandum available for inspection at such places as may be prescribed by those regulations;

(b)send a copy of the proposals and the explanatory memorandum to the Secretary of State; and

(c)comply with any requirements imposed by those regulations.

(3)Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4)In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a)in accordance with regulations made under that section; and

(b)within the prescribed period.

(5)The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(6)The proposals shall not be adopted by the authority under section 35 until—

(a)after they have considered any objections made in accordance with the regulations; or

(b)if no such objections are made, after the expiry of the prescribed period.

34 Withdrawal of proposals for alteration and replacement of structure plans.

(1)Proposals for the alteration or replacement of a structure plan may be withdrawn by the local planning authority at any time before they have adopted them or the Secretary of State has approved them.

(2)On the withdrawal of such proposals, the authority shall—

(a)withdraw the copies made available for inspection in accordance with section 33(2); and

(b)give notice that the proposals have been withdrawn to every person who has made an objection to them.

35 Adoption of proposals.

(1)Subject to subsection (3) and sections 35A and 35B, the local planning authority may by resolution adopt proposals for the alteration or replacement of a structure plan, either as originally prepared or as modified so as to take account of—

(a)any objections to the proposals; or

(b)any other considerations which appear to them to be material.

(2)If it appears to the Secretary of State that the proposals are unsatisfactory he may, at any time before the local planning authority have adopted the proposals, direct the authority to modify the proposals in such respects as are indicated in the direction.

(3)An authority to whom such a direction is given shall not adopt the proposals unless—

(a)they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction; or

(b)the direction is withdrawn.

(4)Subject to the following provisions of this Chapter and to section 287, proposals for the alteration or replacement of a structure plan shall become operative on the date on which they are adopted.

35A Calling in of proposals for approval by Secretary of State.

(1)The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.

(2)If he gives such a direction—

(a)the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and

(b)the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.

(3)Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).

(4)The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—

(a)approve them, in whole or in part and with or without modifications or reservations; or

(b)reject them.

(5)In considering proposals so submitted to him the Secretary of State—

(a)shall take into account any objections made in accordance with the regulations; and

(b)may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.

(6)For the purpose of taking into account any objection or matter, the Secretary of State may, but need not, consult with any local planning authority or other person.

(7)The Secretary of State shall give the authority such statement as he considers appropriate of the reasons governing his decision on any proposals submitted to him.

(8)Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.

35B Examination in public.

(1)Before adopting proposals for the alteration or replacement of a structure plan, the local planning authority shall, unless the Secretary of State otherwise directs, cause an examination in public to be held of such matters affecting the consideration of the proposals as—

(a)they consider ought to be so examined; or

(b)the Secretary of State directs.

(2)Where proposals are submitted to the Secretary of State in compliance with a direction under section 35A(1), he may cause an examination in public to be held of any matter specified by him.

(3)An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.

(4)No person shall have a right to be heard at an examination in public.

(5)The following may take part in an examination in public—

(a)in the case of an examination held under subsection (1), the local planning authority; and

(b)in any case, any person invited to do so by the person or persons holding the examination or the person causing the examination to be held.

(6)The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination in public.

(7)An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M3Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.

35C Duties to notify authorities responsible for local plans

(1)An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are adopted or approved—

(a)notify any authority responsible for a local plan in their area that the proposals have been adopted or approved; and

(b)supply that authority with a statement that the local plan is or, as the case may be, is not in general conformity with the altered or new structure plan.

(2)A statement that a local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.

(3)An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are withdrawn, notify any authority responsible for a local plan in their area that the proposals have been withdrawn.

(4)Nothing in this section requires an authority to notify or supply a statement to themselves.

(5)For the purposes of this section an authority shall be regarded as responsible—

(a)for a structure plan, if they are entitled to prepare proposals for its alteration or replacement; and

(b)for a local plan, if they are under a duty to prepare a local plan or are entitled to prepare proposals for its alteration or replacement.

Local plansE+W
36 Local plans.

(1)The local planning authority shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a local plan.

(2)A local plan shall contain a written statement formulating the authority’s detailed policies for the development and use of land in their area.

(3)The policies shall include policies in respect of—

(a)the conservation of the natural beauty and amenity of the land;

(b)the improvement of the physical environment; and

(c)the management of traffic.

(4)A local plan shall be in general conformity with the structure plan.

(5)A local plan shall not contain—

(a)any policies in respect of the winning and working of minerals or the depositing of mineral waste, unless it is a plan for a National Park;

(b)any policies in respect of the depositing of refuse or waste materials other than mineral waste, unless it is a plan for a National Park or for an area where such depositing is not a county matter for the purposes of Schedule 1.

(6)A local plan shall also contain—

(a)a map illustrating each of the detailed policies; and

(b)such diagrams, illustrations or other descriptive or explanatory matter in respect of the policies as may be prescribed,

and may contain such descriptive or explanatory matter as the authority think appropriate.

(7)A local plan may designate any part of the authority’s area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method).

(8)If an area is so designated the plan shall contain a description of the treatment proposed by the authority.

(9)In formulating their detailed policies, the authority shall have regard to—

(a)such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct; and

(b)the provisions of any scheme under paragraph 3 of Schedule 32 to the M4Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

(10)Subject to the following provisions of this Chapter and section 287, a local plan shall become operative on the date on which it is adopted.

(11)For the purposes of this section “policies” includes proposals.

37 Minerals local plans.

(1)A mineral planning authority for an area other than a National Park shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a minerals local plan.

(2)A minerals local plan shall contain a written statement formulating the authority’s detailed policies for their area in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.

(3)The local planning authority for a National Park shall, within such period (if any) as the Secretary of State may direct—

(a)prepare for their area a plan to be known as a minerals local plan; or

(b)include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.

(4)In formulating the policies in a minerals local plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(5)Subsections (4), (6), (10) and (11) of section 36 apply with respect to minerals local plans as they apply with respect to local plans.

(6)The following provisions of this Chapter apply with respect to minerals local plans as they apply with respect to local plans, but as if references to a local planning authority were, in relation to an area other than a National Park, references to a mineral planning authority.

38 Waste policies.

(1)In this section —

  • waste policies” means detailed policies in respect of development which involves the depositing of refuse or waste materials other than mineral waste; and

  • waste local plan” means a plan containing waste policies.

(2)A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—

(a)prepare a waste local plan for their area; or

(b)include their waste policies in their minerals local plan.

(3)A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—

(a)for a National Park;

(b)for an area where waste policies are not a county matter for the purposes of Schedule 1.

(4)A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—

(a)prepare a waste local plan for their area; or

(b)include their waste policies in—

(i)their minerals local plan; or

(ii)their local plan.

(5)In formulating their waste policies, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(6)Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.

(7)The following provisions of this Chapter apply with respect to waste local plans as they apply with respect to local plans, but as if references to a local planning authority were references to the authority who are entitled to prepare a waste local plan.

39 Alteration and replacement of local plans.

(1)A local planning authority may at any time prepare proposals—

(a)for alterations to the local plan for their area; or

(b)for its replacement.

(2)A local planning authority shall—

(a)consider whether they need to prepare such proposals, if they have been supplied with a statement under section 35C that the local plan is not in general conformity with the structure plan; and

(b)prepare such proposals, if they are directed to do so by the Secretary of State, within such period (if any) as he may direct.

(3)An authority shall not, without the consent of the Secretary of State, prepare such proposals if the plan or any part of it has been approved by the Secretary of State.

(4)Proposals for the alteration of a local plan may relate to the whole or part of the area to which the plan relates.

(5)Subject to the following provisions of this Chapter and section 287, proposals for the alteration or replacement of a local plan shall become operative on the date on which they are adopted.

40 Public participation.

(1)When preparing a local plan for their area or proposals for its alteration or replacement and before finally determining the contents of the plan or the proposals the local planning authority shall—

(a)comply with—

(i)any requirements imposed by regulations made under section 53; and

(ii)any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b)consider any representations made in accordance with those regulations.

(2)Subject to section 46(1), where the authority have prepared a local plan or proposals for its alteration or replacement they shall—

(a)make copies of the relevant documents available for inspection at such places as may be prescribed by those regulations;

(b)send a copy of the relevant documents to the Secretary of State; and

(c)comply with any requirements imposed by those regulations.

(3)In subsection (2) “the relevant documents” means—

(a)the plan or the proposals; and

(b)any statement supplied under section 46(2).

(4)Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(5)In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a)in accordance with regulations made under that section; and

(b)within the prescribed period.

(6)The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(7)A local plan or proposals for its alteration or replacement shall not be adopted by the authority under section 43 until—

(a)after they have considered any objections made in accordance with the regulations; or

(b)if no such objections are made, after the expiry of the prescribed period.

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Commencement Information

I75Sch. 4 para. 17 wholly in force: Sch. 4 para. 17 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 17 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Marginal Citations

18For section 42(1) and (2) (local inquiries) there is substituted—E+W

(1)Where any objections have been made, in accordance with the regulations, to proposals for a local plan or for its alteration or replacement copies of which have been made available for inspection under section 40(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(2)The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(2A)No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.

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Commencement Information

I76Sch. 4 para. 18 wholly in force: Sch. 4 para. 18 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 18 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

19(1)In section 43 (adoption of proposals) for subsections (1) and (2) there is substituted—E+W

(1)Subject to the following provisions of this section and section 44, the local planning authority may by resolution adopt proposals for a local plan or for its alteration or replacement, either as originally prepared or as modified so as to take account of—

(a)any objections to the plan; or

(b)any other considerations which appear to them to be material.

(2)In subsection (4) of that section for “consider modifying” there is substituted “ modify ”.

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Commencement Information

I77Sch. 4 para. 19 wholly in force: Sch. 4 para. 19 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 19 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

20(1)In section 44 (calling in of proposals for approval by Secretary of State) in subsection (1) after “proposals” in the second place where it occurs there is inserted “ or any part of them ”.E+W

(2)For subsection (2) of that section there is substituted—

(2)If he gives such a direction—

(a)the authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and

(b)the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 43.

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Commencement Information

I78Sch. 4 para. 20 wholly in force: Sch. 4 para. 20 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 20 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

21(1)In section 45 (approval of proposals by Secretary of State), in subsection (3)(a) after “with” there is inserted “ the ”.E+W

(2)After subsection (4) of that section there is inserted—

(5)Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.

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Commencement Information

I79Sch. 4 para. 21 wholly in force: Sch. 4 para. 21 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 21 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

22For sections 46 to 48 (conformity between local plan and structure plan) there is substituted—E+W

46 Conformity between plans.

(1)An authority responsible for a local plan shall not make copies available as mentioned in section 40(2) unless—

(a)they have served on the authority responsible for the structure plan in their area a copy of the plan or the proposals; and

(b)such period as may be prescribed has elapsed since they served the copy of the plan or proposals.

(2)Where a local planning authority have been served with a copy as mentioned in subsection (1) they shall, before the end of any period prescribed for the purposes of that subsection, supply the authority responsible for the local plan with—

(a)a statement that the plan or the proposals are in general conformity with the structure plan; or

(b)a statement that the plan or the proposals are not in such conformity.

(3)A statement that a plan or proposals are not in such conformity shall specify the respects in which the plan or proposals are not in such conformity.

(4)Any such statement shall be treated for the purposes of this Chapter as an objection made in accordance with the regulations.

(5)Nothing in this section requires an authority to serve a copy on or supply a statement to themselves.

(6)Where—

(a)a local planning authority propose to make, alter or replace a local plan;

(b)copies of proposals for the alteration or replacement of the structure plan for their area have been made available for inspection under section 33(2); and

(c)the authority mentioned in paragraph (a) include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,

the permitted assumption shall, subject to subsection (9), be made for all purposes (including in particular any question as to conformity between plans).

(7)In this section “the permitted assumption” means the assumption that—

(a)the proposals mentioned in subsection (6)(b); or

(b)if any proposed modifications to those proposals are published in accordance with regulations made under section 53, the proposals as so modified,

have been adopted.

(8)For the purposes of subsection (6)(c) a copy is a relevant copy of a plan or proposals if it is—

(a)served under subsection (1)(a); or

(b)made available or sent under section 40(2).

(9)The permitted assumption shall not be made at any time after the authority mentioned in subsection (6)(a) know that the proposals mentioned in subsection (6)(b) have been withdrawn.

(10)The provisions of a local plan prevail for all purposes over any conflicting provisions in the relevant structure plan unless the local plan is one—

(a)stated under section 35C not to be in general conformity with the structure plan; and

(b)neither altered nor replaced after the statement was supplied.

(11)The Secretary of State may make regulations with respect to cases where—

(a)provisions in a structure plan or a local plan conflict with provisions in—

(i)a minerals local plan; or

(ii)a waste local plan;

(b)a structure plan and a local plan are made by the same authority and the provisions of the two plans conflict.

(12)Subsection (5) of section 35C applies for the purposes of this section as it applies for the purposes of that.

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Commencement Information

I80Sch. 4 para. 22 wholly in force: Sch. 4 para. 22 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 22 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

23In section 49 “repeal” is omitted.E+W

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Commencement Information

I81Sch. 4 para. 23 wholly in force: Sch. 4 para. 23 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 23 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

24(1)In section 50 (joint structure and local plans), in subsection (1), the words “for the repeal and” and subsections (2) and (3) are omitted.E+W

(2)In subsection (4) of that section “repeal and” is omitted and for “33(3)” there is substituted “ 33(2) ”.

(3)In subsection (5) of that section “repeal and” is omitted and for “(3)” there is substituted “ (2) ”.

(4)In subsection (6) of that section—

(a)in the opening words, “repeal” is omitted;

(b)in paragraph (a)—

(i)the words from the beginning to “except that” and the words “or 40(2)(a)” and “or 40(3)” are omitted;

(ii)for “39(5)(a)” there is substituted “ 40(2) ”; and

(iii)for “39(6)” there is substituted “ 40(4) ”; and

(c)in paragraph (b) “and they may do so as respects any part of that area to which the proposals relate” is omitted.

(5)For subsection (7) of that section there is substituted—

(7)Where a structure plan has been jointly prepared by two or more local planning authorities, the duty—

(a)to notify and supply a statement under section 35C; and

(b)to supply a statement under section 46,

shall apply to each of those authorities.

(7A)Where a local plan, or proposals for its alteration or replacement have been jointly prepared by two or more local planning authorities—

(a)the requirement to serve a copy under subsection (1) of section 46; and

(b)the right to be supplied with a statement under subsection (2) of that section,

shall apply to each of those authorities.

(6)In subsection (8) of that section “repeal” and “in accordance with the provisions of the relevant local plan scheme” are omitted and for “38” there is substituted “ 39 ”.

(7)For subsection (9) of that section there is substituted—

(9)The date of the coming into operation—

(a)of proposals for the alteration or replacement of a structure plan prepared jointly by two or more local planning authorities; and

(b)of a local plan or proposals for its alteration or replacement so prepared,

shall be a date jointly agreed by those authorities.

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Commencement Information

I82Sch. 4 para. 24 wholly in force: Sch. 4 para. 24 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 24 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

25In section 51(1) “repeal”, in both places where it occurs, is omitted.E+W

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Commencement Information

I83Sch. 4 para. 25 wholly in force: Sch. 4 para. 25 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 25 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

26After section 51 there is inserted—E+W

51A Urban development corporations.

(1)The Secretary of State may direct—

(a)that a structure plan shall not operate; or

(b)that a local plan shall not be prepared or operate,

in relation to the area of an urban development corporation.

(2)The Secretary of State may direct that proposals for the alteration or replacement of a structure plan or a local plan shall not be prepared in relation to the area of an urban development corporation.

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Commencement Information

I84Sch. 4 para. 26 wholly in force at 10.2.1992, see s. 84(2)(3) and S.I.1991/2905, art. 4

27(1)In section 52(1) (reviews of plans in enterprise zones) for paragraphs (a) and (b) there is substituted “ any local planning authority for an area in which the enterprise zone is wholly or partly situated shall consider whether they need, in the light of the provisions in the scheme or modified scheme, to prepare proposals for the alteration or replacement of any structure or local plan in relation to which they have power to prepare such proposals. ”E+W

(2)Subsections (2) and (3) are omitted.

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Commencement Information

I85Sch. 4 para. 27 wholly in force: Sch. 4 para. 27 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 27 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

28(1)In section 53 (regulations with respect to publicity etc. for structure plans and local plans), in subsection (1) “repeal” is omitted.E+W

(2)In subsection (2) of that section—

(a)in paragraph (b) “repeal” is omitted;

(b)after paragraph (c) there is inserted—

(cc)make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;

(c)in paragraph (f) for the words from “for the purpose” to “40(2)(a)” there is substituted “ in compliance with the regulations or available for inspection under section 33(2) or 40(2) ”;

(d)after that paragraph there is inserted—

(ff)make provision for steps taken in compliance with the regulations in respect of a plan or proposal which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent plan or proposal;

(e)in paragraph (g) “repealing” is omitted.

(3)Subsection (5) of that section (date on which plans or proposals become operative) is omitted.

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Commencement Information

I86Sch. 4 para. 28 wholly in force: Sch. 4 para. 28 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 28 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

29(1)In section 54 (meaning of “development plan” outside Greater London and the metropolitan counties) in subsection (1) for paragraphs (a) to (d) there is substituted—E+W

(a)the provisions of the structure plan for the time being in operation in the area;

(b)any alterations to that structure plan;

(c)the provisions of the local plan and any minerals local plan or waste local plan for the time being in operation in the area;

(d)any alterations to that local plan or minerals local plan or waste local plan,

together with the resolutions of the authority who made or altered the plan or, as the case may be the Secretary of State’s notice of approval.

(2)In subsection (4) of that section at the end there is inserted “ and Part III of Schedule 4 to the M5Planning and Compensation Act 1991 ”.

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Commencement Information

I87Sch. 4 para. 29 wholly in force: Sch. 4 para. 29 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 29 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Marginal Citations

Part IIE+W Minor and Consequential Amendments

30In section 284(1)(a) of the principal Act (validity of development plans etc.)—E+W

(a)after “local plan” there is inserted “ minerals local plan, waste local plan ”; and

(b)“repeal”, in both places where it occurs, is omitted.

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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.

Commencement Information

I88Sch. 4 para. 30 wholly in force: Sch. 4 para. 30 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 30 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

31In section 287 of that Act (proceedings for questioning validity of development plans, etc.)—E+W

(a)in subsection (1) after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

(b)in subsections (1) to (3) and (5) “repeal” is omitted.

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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.

Commencement Information

I89Sch. 4 para. 31 wholly in force: Sch. 4 para. 1 3in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 31 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

32In section 306(2) of that Act (contributions by local authorities and statutory undertakers)—E+W

(a)after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

(b)“repeal” is omitted.

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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.

Commencement Information

I90Sch. 4 para. 32 wholly in force: Sch. 4 para. 32 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 32 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

33In section 324(1)(a) (rights of entry in connection with preparation etc. of plans), after “local plan” there is inserted “ minerals local plan or waste local plan ”.E+W

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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.

Commencement Information

I91Sch. 4 para. 33 wholly in force: Sch. 4 para. 33 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 33 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

34In section 336(1) (interpretation) in the definition of “development plan” after “Schedule 2” there is inserted “ and Part III of Schedule 4 to the Planning and Compensation Act 1991 ”.E+W

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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.

Commencement Information

I92Sch. 4 para. 34 wholly in force: Sch. 4 para. 34 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 34 in force at 10.2.1992 so far as not already in force by S.I. 1991/2095, art. 4

35(1)In Schedule 1 to that Act (local planning authorities: distribution of functions) for paragraph 2 there is substituted—E+W

2The functions of a local planning authority—

(a)under sections 30 to 35B, 38(2) and 50(1), (4), (5) and (7) shall be exercisable by the county planning authority and not by the district planning authority;

(b)under section 36, 39, 40, 42 to 44 and 50(6), (7A) and (8) shall be exercisable by the district planning authority and not by the county planning authority;

and references to a local planning authority in those sections shall be construed accordingly.

(2)In paragraph 7(3) of that Schedule, in paragraph (a)—

(a)for sub-paragraphs (i) to (iii) there is substituted—

(i)of any policy contained in a structure plan which has been adopted or approved;

(ii)of any policy contained in proposals made available for inspection under section 33(2); and

(b)for sub-paragraphs (v) to (vii) there is substituted—

(v)of any policy contained in a minerals local plan or a waste local plan which has been adopted or approved;

(vi)of any policy contained in proposals for the making, alteration or replacement of a minerals local plan or a waste local plan which have been made available for inspection under section 40(2);

(vii)of any proposal contained in a local plan which was prepared by the county planning authority and continued in operation by virtue of paragraph 44 of Schedule 4 to the M6Planning and Compensation Act 1991;

(viii)of any proposal contained in proposals in respect of a local plan which have been prepared by the county planning authority and are adopted or approved by virtue of paragraph 43 of that Schedule or made available for inspection in pursuance of that paragraph;.

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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.

Commencement Information

I93Sch. 4 para. 35 wholly in force: Sch. 4 para. 35 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 35 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Marginal Citations

36(1)In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)—E+W

(a)in Part I, paragraphs 3, 5 and 6, and

(b)in Part II, paragraphs 3 to 16 and 18,

are omitted.

(2)For paragraph 4 of Part I of that Schedule and paragraph 17 of Part II of that Schedule there is substituted in each case—

.0(1)Sub-paragraph (2) applies where—

(a)a local plan is in force in the area of a local planning authority;

(b)a unitary development plan is being prepared;

(c)the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d)a local inquiry or other hearing is held for the purpose of considering any objection to the plan.

(2)Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(c);

(b)the policy so identified is an existing policy; and

(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).

(3)In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).

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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.

Commencement Information

I94Sch. 4 para. 36 wholly in force: Sch. 4 para. 36 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 36 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

37(1)In Schedule 13 to that Act (blighted land) in paragraph 1 in Note (1) for paragraphs (a) and (b) there is substituted—E+W

(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)In Note (2) to that paragraph for the words from “33(9)” to the end there is substituted “ 34 ”.

(3)In Note (5) for “in force” there is substituted “ in operation ”.

(4)After that Note there is inserted—

(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 M7Planning and Compensation Act 1991.

(5)In Note (7) to that paragraph for the words from “and all references” to the end there is substituted “ and Notes (1) to (4) shall be omitted ”.

(6)In paragraph 2 of that Schedule in paragraph (a) for “in force” there is substituted “ in operation ”.

(7)For Note (1) to paragraph 2 there is substituted—

(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 M8Planning 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 M9Planning and Compensation Act 1991; and

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

(8)Notes (2) and (5) to that paragraph are omitted.

(9)In Note (3) to that paragraph “also” is omitted.

(10)In paragraph 3 of that Schedule, in Note (1)—

(a)in paragraph (a) for “13(3)” there is substituted “ 13(2) ”; and

(b)in paragraph (b) “or under section 22” is omitted.

(11)In Note (2) to that paragraph “13(7) or” is omitted.

(12)In paragraph 4 of that Schedule, in Note (1)—

(a)in paragraph (a) for “13(3)” there is substituted “ 13(2) ”;

(b)in paragraph (b) “or under section 22” is omitted.

(13)In Note (2) to that paragraph “13(7) or” is omitted.

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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.

Commencement Information

I95Sch. 4 para. 38 wholly in force: Sch. 4 para. 38 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 38 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Marginal Citations

38In Schedule 4 to the M10Planning (Consequential Provisions) Act 1990—E+W

(a)in paragraph 1, in the Table, the entry relating to section 9(4) of the 1971 Act and paragraph 2 of that Schedule is omitted;

(b)paragraph 2 is omitted.

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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.

Commencement Information

I96Sch. 4 para. 38 wholly in force: Sch. 4 para. 38 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 38 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Marginal Citations

F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F1Sch. 4 para. 39 repealed (1.4.1997) by 1995 c. 25, ss. 120(3), 125(1), Sch.24(with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2,Sch.

Part IIIE+W Transitional Provisions

InterpretationE+W

40In this Part of this Schedule—E+W

  • commencement” means the commencement of Part I of this Schedule;

  • the old law” means the principal Act in the form in which it was in force immediately before commencement;

  • the new law” means the principal Act as amended by this Act;

  • prescribed” means prescribed by regulations made by the Secretary of State;

  • winning and working of minerals”, “depositing of mineral waste”, “policies” in relation to such winning and working or depositing, and “waste policies” have the same meaning as they have under the new law.

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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.

Subordinate Legislation Made

P1Sch. 4 para. 40: Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10.12.1991) by S.I.1991/2794

Commencement Information

I97Sch. 4 para. 40 wholly in force: Sch. 4 para.40 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 40 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Unitary development plansE+W

41(1)Where a local planning authority have, under section 13(3) of the old law, made available copies of proposals for the making, alteration or replacement of a unitary development plan but the proposals are not adopted or approved before commencement—E+W

(a)the proposals shall be treated on and after commencement as if made available under section 13(2) of the the new law; and

(b)any other step taken before commencement for the purpose of complying with any requirement of the old law with respect to such making, alteration or replacement may be treated on and after commencement as having been taken for the purpose of complying with any similar requirement imposed by or under the new law.

(2)Sub-paragraph (3) below applies where, at any time within the period of two years beginning with the date of commencement—

(a)a unitary development plan is in operation which by virtue of paragraph 4 of Part I or paragraph 17 of Part II of Schedule 2 to the old law includes a local plan (whether subject to alteration or otherwise);

(b)proposals are made for the alteration or replacement of the unitary development plan;

(c)the local planning authority who are making those proposals have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d)a local inquiry or other hearing is held for the purpose of considering an objection to the proposals.

(3)Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a)the objection is to a policy identified in the statement published under sub-paragraph (2)(c) above;

(b)the policy so identified is an existing policy; and

(c)there has been no significant change in circumstances affecting the existing policy since it was included in the unitary development plan.

(4)In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a plan included as mentioned in sub-paragraph (2)(a) above.

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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.

Subordinate Legislation Made

P2Sch. 4 para. 41(2): Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10. 12. 1991) by S.I. 1991/2794.

Commencement Information

I98Sch. 4 para. 41 wholly in force: Sch. 4 para. 41 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 41 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Structure plansE+W

42(1)Where a local planning authority have, under section 32(3) of the old law, submitted to the Secretary of State copies of proposals for the alteration or repeal and replacement of a structure plan but the proposals are not approved before commencement—E+W

(a)the submission of the proposals shall on and after commencement be treated for the purposes of the new law as the sending of the copy under section 33(2)(b) of that law; and

(b)any other step taken before commencement for the purpose of complying with any requirement of the old law with respect to such alteration or repeal and replacement may on and after commencement be treated as having been taken for the purpose of complying with any similar requirement imposed by or under Part II of the new law.

(2)Where sub-paragraph (1) above applies the proposals may be adopted or approved under the new law as if they had been prepared after commencement.

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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.

Commencement Information

I99Sch. 4 para. 42 wholly in force: Sch. 4 para. 42 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 42 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Local plansE+W

43Where a local planning authority have made available under section 39(5) or 40(2) of the old law copies of proposals for the making, alteration, repeal or replacement of a local plan but the proposals are not adopted or approved before commencement, the proposals may after commencement be adopted or as the case may be, approved as if the old law were still in force.E+W

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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.

Commencement Information

I100Sch. 4 para.43 wholly in force: Sch. 4 para. 43 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 43 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

44(1)A local plan which—E+W

(a)immediately before commencement is in operation in the area of a local planning authority, or

(b)is brought into operation after commencement by virtue of paragraph 43 above,

(in this Schedule referred to as “a saved local plan”) shall, subject to the following provisions of this paragraph, continue in operation.

(2)Where a saved local plan—

(a)complies with section 36 of the new law and was prepared by the authority who are entitled to prepare the plan required by that section, or

(b)contains only those policies required or permitted to be included in a minerals local plan or a waste local plan in accordance with sections 36 to 38 of the new law and was made by the authority who are entitled to prepare a minerals local plan or, as the case may be, a waste local plan,

it shall be treated as if it were a local plan, a minerals local plan or, as the case may be, a waste local plan which had been adopted or, as the case may be, approved under the new law (and accordingly may be altered or replaced under the new law).

(3)In sub-paragraphs (4) to (8) below the references to saved local plans do not include a reference to saved local plans treated, by virtue of sub-paragraph (2) above, as if adopted or approved under the new law.

(4)Any saved local plan shall have effect subject to a local plan, minerals local plan or waste local plan which is adopted or approved under the new law and shall not be treated as mentioned in sub-paragraph (2) above (and accordingly may not be altered or replaced under the new law).

(5)Where the last of the plans, or the plan, required to be prepared for an area under sections 36 to 38 of the new law is prepared for that area—

(a)any saved local plan, and

(b)any old development plan,

shall cease to have effect in relation to that area.

(6)If the Secretary of State so directs, any specified provisions of a saved local plan shall continue in operation—

(a)for such period as may be specified or determined in accordance with the direction;

(b)in relation to the area or any specified part of the area to which the saved local plan relates.

(7)The Secretary of State may revoke any direction given under sub-paragraph (6) above.

(8)Before giving or revoking any such direction the Secretary of State shall consult any local planning authority for the area in which the plan is in operation.

(9)A saved local plan shall, while it continues in operation, be treated for the purposes of the new law, any other enactment relating to town and country planning, the M11Land Compensation Act1961 and the M12Highways Act 1980 as being comprised in the development plan in respect of the area in question.

(10)In this paragraph—

  • old development plan” has the same meaning as in Part III of Schedule 2 to the principal Act; and

  • specified” means specified in the direction.

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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.

Commencement Information

I101Sch. 4 para. 44 wholly in force: Sch. 4 para. 44 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 44 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Marginal Citations

45(1)Sub-paragraph (2) below applies where after commencement—E+W

(a)there is in operation in the area of a local planning authority a saved local plan which does not fall within paragraph 44(2)(a) above;

(b)proposals are made in pursuance of the new law for the making, alteration or replacement of a local plan for that area;

(c)the local planning authority who are making those proposals have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d)a local inquiry or other hearing is held for the purpose of considering any objection to the proposals.

(2)Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(c) above;

(b)the policy so identified is an existing policy; and

(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of the saved local plan.

(3)In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in the saved local plan falling within sub-paragraph (1)(a) above.

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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.

Subordinate Legislation Made

P3Sch. 4 para. 45(1): Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10. 12. 1991) by S.I. 1991/2794

Commencement Information

I102Sch. 4 para. 45 wholly in force: Sch. 4 para.45 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 45 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Minerals and waste local plansE+W

46(1)Sub-paragraph (2) below applies where after commencement—E+W

(a)there is in operation in the area of a local planning authority a saved local plan which does not fall within paragraph 44(2)(b) above and which contains—

(i)any detailed policies for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(ii)any waste policies;

(b)proposals are made in pursuance of the new law for the making, alteration or replacement of a minerals local plan or a waste local plan for that area;

(c)the local planning authority who are making those proposals have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d)a local inquiry or other hearing is held for the purpose of considering any objection to the proposals.

(2)Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(c) above;

(b)the policy so identified is an existing policy; and

(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of the saved local plan.

(3)In this paragraph “existing policy” means any policy falling within sub-paragraph (1)(a) above the substance of which (however expressed) was contained in the saved local plan falling within that sub-paragraph.

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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.

Subordinate Legislation Made

P4Sch. 4 para. 46(1): Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10. 12. 1991) by S.I.1991/2794.

Commencement Information

I103Sch. 4 para. 46 wholly in force: Sch. 4 para. 46 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 46 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Duty of structure plan authority to notify authorities responsible for saved local plans etc.E+W

47(1)In this paragraph the references to saved local plans do not include a reference to saved local plans treated, by virtue of paragraph 44(2) above, as if adopted or approved under the new law.E+W

(2)Where at any time after commencement any proposals for the alteration or replacement of a structure plan are adopted or approved, the authority concerned shall—

(a)notify any local planning authority in their area that the proposals have been adopted or approved;

(b)supply that authority with a statement that any saved local plan in operation in that authority’s area is or, as the case may be, is not in general conformity with the altered or new structure plan.

(3)A statement that a saved local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.

(4)Where at any time after commencement any proposals for the alteration or replacement of a structure plan are withdrawn, the authority concerned shall notify any authority who prepared any saved local plan which is in operation in their area that the proposals have been withdrawn.

(5)Nothing in this paragraph requires an authority to notify or supply a statement to themselves.

(6)The provisions of a saved local plan shall prevail for all purposes over any conflicting provisions in the relevant structure plan unless the saved local plan is one stated under sub-paragraph (2) above not to be in general conformity with the structure plan.

(7)Sub-paragraph (6) above is subject to any regulations made by the Secretary of State with respect to conflict between plans.

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Subordinate Legislation Made

P5Sch. 4 para. 47(7): Sch. 4 paras. 40, 41(2), 45(1), 46(1) and 47(7) power exercised (10. 12. 1991) by1991/2794

Commencement Information

I104Sch. 4 para. 47 wholly in force: Sch. 4 para. 47 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 47 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

ConsultationE+W

48Any consultation undertaken before commencement for the purposes of any provision contained in or made under Part II of the old law shall be as effective for the purposes of any similar provision contained in or made under Part II of the new law as if undertaken after commencement.E+W

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Commencement Information

I105Sch. 4 para. 48 wholly in force: Sch. 4 para. 48 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 48 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Joint plansE+W

49(1)The Secretary of State may give directions applying with modifications the provisions of this part of this Schedule to cases where—E+W

(a)any plan has been or is being jointly prepared; or

(b)any proposals for the alteration, repeal or replacement of such a plan have been or are being jointly prepared.

(2)Any such directions may be of a general or particular character.

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Commencement Information

I106Sch. 4 para. 49 wholly in force: Sch. 4 para. 49 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 49 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Proceedings for questioning validity of development plansE+W

50An application may be made after commencement under and in accordance with section 287 of the old law with respect to any plan adopted, altered, repealed or replaced under the old law.E+W

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Commencement Information

I107Sch. 4 para. 50 wholly in force: Sch. 4 para. 50 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para.50 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

The Isles of ScillyE+W

51An order under section 319 of the new law may make transitional provision in connection with any development plan in force in the Isles of Scilly.E+W

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Commencement Information

I108Sch. 4 para. 51 wholly in force: Sch. 4 para. 51 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 51 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Section 28.

SCHEDULE 5E+W Simplified Planning Zones

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Commencement Information

I109Sch. 5 wholly in force; Sch. 5 not in force at Royal Assent see s. 84(2); Sch. 5 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

Part IE+W Modification of Procedure for Making or Altering Schemes

Procedure before and after deposit of proposalsE+W

1In Schedule 7 to the principal Act (simplified planning zones) for paragraphs 5 to 7 there is substituted—E+W

Steps to be taken before depositing proposalsE+W

5(1)A local planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph.

(2)They shall—

(a)consult the Secretary of State having responsibility for highways as to the effect any proposals they may make might have on existing or future highways,

(b)if they are the district planning authority, consult the county council—

(i)as county planning authority, and

(ii)as to the effect which any matters the district planning authority are considering including in the proposals might have on existing or future highways, and

(c)consult or notify such persons as regulations may require them to consult or, as the case may be, notify.

(3)They shall take such steps as may be prescribed or as the Secretary of State may, in a particular case, direct to publicise—

(a)the fact that they propose to make or alter a simplified planning zone scheme, and

(b)the matters which they are considering including in the proposals.

(4)They shall consider any representations that are made in accordance with regulations.

Procedure after deposit of proposalsE+W

6Where a local planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall—

(a)make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed,

(b)take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected,

(c)take such steps as may be prescribed for inviting objections to be made within such period as may be prescribed, and

(d)send a copy of the proposed scheme or alterations to the Secretary of State and to the Secretary of State having responsibility for highways and, if they are the district planning authority, to the county council.

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Commencement Information

I110Sch. 5 para. 1 wholly in force; Sch. 5 para. 1 not in force at Royal Assent see s. 84(2); Sch. 5 para. 1 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

Dealing with objections, etc.E+W

2(1)For paragraph 8(1) to (3) (objections: local inquiry or other hearing) there is substituted—E+W

Procedure for dealing with objectionsE+W

8(1)Where objections to the proposed scheme or alterations are made, the local planning authority may—

(a)for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or

(b)require the objections to be considered by a person appointed by the Secretary of State.

(2)A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

(2)For paragraph 11(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted—

(3)Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—

(a)have already been considered by the local planning authority or by a person appointed by the Secretary of State, or

(b)have already been considered at a local inquiry or other hearing.

(4)The Secretary of State may—

(a)for the purpose of considering any objections and the views of the local planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or

(b)require such objections and views to be considered by a person appointed by him.

(5)In considering the proposals the Secretary of State may consult with, or consider the views of, any local planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3).

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Commencement Information

I111Sch. 5 para. 2 wholly in force; Sch. 5 para. 2 not in force at Royal Assent see s. 84(2); Sch. 5 para. 2 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

Part IIE+W Minor and Consequential Amendments

3In Schedule 1 to that Act, paragraph 9(2) and (3) is omitted.E+W

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Commencement Information

I112Sch. 5 para. 3 wholly in force; Sch. 5 para. 3 not in force at Royal Assent see s. 84(2); Sch. 5 para. 3 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

4Schedule 7 to that Act is amended as follows.E+W

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Commencement Information

I113Sch. 5 para. 4 wholly in force; Sch. 5 para. 4 not in force at Royal Assent see s. 84(2); Sch. 5 para. 4 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

5At the end of paragraph 4(1) there is added “ and, in either case, requires the local planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”E+W

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Commencement Information

I114Sch. 5 para. 5 wholly in force; Sch. 5 para. 5 not in force at Royal Assent see s. 84(2); Sch. 5 para. 5 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

6In paragraph 8(4) for “to hold a local inquiry or other hearing” there is substituted “ for the purposes of this paragraph ”.E+W

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Commencement Information

I115Sch. 5 para. 6 wholly in force; Sch. 5 para. 6 not in force at Royal Assent see s. 84(2); Sch. 5 para. 6 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

7(1)In paragraph 9 for sub-paragraph (1) there is substituted—E+W

(1)After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 8, the local planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and paragraph 10).

(2)In sub-paragraph (3) of that paragraph for “consider modifying” there is substituted “ modify ”.

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Commencement Information

I116Sch. 5 para. 7 wholly in force; Sch. 5 para. 7 not in force at Royal Assent see s. 84(2); Sch. 5 para. 7 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

8In paragraph 10(2)(a) after “hearing” there is inserted “ or any consideration of objections ”.E+W

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Commencement Information

I117Sch. 5 para. 8 wholly in force; Sch. 5 para. 8 not in force at Royal Assent see s. 84(2); Sch. 5 para. 8 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

9For paragraph 12(1) there is substituted—E+W

12(1)Where—

(a)a local planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and

(b)the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,

he may himself make a scheme or, as the case may be, the alterations.

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Commencement Information

I118Sch. 5 para. 9 wholly in force; Sch. 5 para. 9 not in force at Royal Assent see s. 84(2); Sch. 5 para. 9 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

10In paragraph 13(2)—E+W

(a)after paragraph (b) there is inserted—

(bb)make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations; and

(b)in paragraph (e) the words from “for the purpose” to “6(2)” are omitted.

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Commencement Information

I119Sch. 5 para. 10 wholly in force; Sch. 5 para. 10 not in force at Royal Assent see s. 84(2); Sch. 5 para. 10 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

Section 31.

SCHEDULE 6E+W Planning Compensation Repeals: Minor and Consequential Amendments

Land Compensation Act 1961 (c. 33)E+W

1(1)In section 15 of the Land Compensation Act 1961 (assumptions not directly derived from development plans)—E+W

(a)for subsection (3) there is substituted—

(3)Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted—

(a)subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and

(b)for any development of a class specified in paragraph 2 of Schedule 3 to that Act.; and

(b)in subsection (4), paragraphs (a) and (b) are omitted.

(2)This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.

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Commencement Information

I120Sch. 6 para. 1 in force at 25. 07.1991 see s. 84(4).

Gas Act 1965 (c. 36)E+W

2In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.E+W

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Commencement Information

I121Sch. 6 para. 2 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Public Expenditure and Receipts Act 1968 (c.14)E+W

3In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (b) is omitted.E+W

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Commencement Information

I122Sch. 6 para. 3 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Post Office Act 1969 (c.48)E+W

4In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts V and XII of the Town and Country Planning Act 1990” there is substituted “ Part XII of the Town and Country Planning Act 1990 ”.E+W

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Commencement Information

I123Sch. 6 para. 4 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Land Compensation Act 1973 (c. 26)E+W

5(1)In section 5 of the Land Compensation Act 1973 (assessment of compensation: assumptions as to planning permission)—E+W

(a)for subsection (2) there is substituted—

(2)Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted—

(a)subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and

(b)for any development of a class specified in paragraph 2 of Schedule 3 to that Act.; and

(b)in subsection (3), paragraphs (a) and (b) are omitted.

(2)This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the M13Land Compensation Act 1973 fell or falls on or after 16th November 1990.

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Commencement Information

I124Sch. 6 para. 5 in force at 25. 07. 1991 see s. 84(4)

Marginal Citations

Civil Aviation Act 1982 (c. 16)E+W

6In section 53(1)(a) of the Civil Aviation Act 1982 “114,” is omitted.E+W

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Commencement Information

I125Sch. 6 para. 6 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Airports Act 1986 (c.31)E+W

7In section 61(1)(a) of the Airports Act 1986 “114,” is omitted.E+W

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Commencement Information

I126Sch. 6 para. 7 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

The principal ActE+W

8The principal Act is amended as follows.E+W

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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.

Commencement Information

I127Sch. 6 para. 8 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

9In section 55 (meaning of development) subsection (6) (meaning of new development) is omitted.E+W

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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.

Commencement Information

I128Sch. 6 para. 9 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

10In section 56(5) (time when development begun) for paragraph (b) there is substituted—E+W

(b)development of a class specified in paragraph 1 or 2 of Schedule 3;.

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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.

Commencement Information

I129Sch. 6 para. 10 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

11Sections 80 and 81 (review of planning decisions where compensation claimed under Part V) are omitted.E+W

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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.

Modifications etc. (not altering text)

Commencement Information

I130Sch. 6 para. 11 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

12In section 90(3) (development with Government authorisation) for “Parts V and” there is substituted “ Part ”.E+W

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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.

Modifications etc. (not altering text)

Commencement Information

I131Sch. 6 para. 12 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

13(1)In section 107(4) (compensation where planning permission revoked or modified) for “for any development of the land of any class specified in Schedule 3” there is substituted E+W

(a)subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3;

(b)for any development of a class specified in paragraph 2 of Schedule 3.

(2)This paragraph shall have effect, or be treated as having had effect, in relation to claims made on or after 16th November 1990.

Annotations: Help about Annotation
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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.

Commencement Information

I132Sch. 6 para. 13 in force at 25. 07. 1991 see s 84(4).

14In section 109(6) (apportionment of compensation for depreciation) for “in sections 110 and 113” there is substituted “ section 110 ”.E+W

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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.

Modifications etc. (not altering text)

Commencement Information

I133Sch. 6 para. 14 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

15In section 111 (recovery of compensation under section 107 on subsequent development)—E+W

(a)in subsections (1) and (2) “new”, in both places where it occurs, is omitted;

(b)in subsection (2) for “and (4)” there is substituted “ to (5) ”; and

(c)for subsection (5) there is substituted—

(5)This section does not apply to any development—

(a)of a class specified in paragraph 1 of Schedule 3 which is carried out in accordance with the condition set out in Schedule 10; or

(b)of a class specified in paragraph 2 of Schedule 3.

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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.

Commencement Information

I134Sch. 6 para. 15 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

16In section 112 (amount recoverable under section 111 and provisions for payment or remission of it) the following are omitted—E+W

(a)in subsection (9), “new”;

(b)in subsection (12), paragraph (a); and

(c)in subsection (13), “paragraph (a) or paragraph (b) of”.

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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.

Commencement Information

I135Sch. 6 para. 16 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

17Section 113 (contribution of Secretary of State where compensation could have been claimed under Part V) is omitted.E+W

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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.

Modifications etc. (not altering text)

Commencement Information

I136Sch. 6 para. 17 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

18In section 138(2)(a) (circumstances in which land incapable of reasonably beneficial use) for “new development,” there is substituted “ development other than any development specified in paragraph 1 or 2 of Schedule 3; ”.E+W

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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.

Commencement Information

I137Sch. 6 para. 18 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

19In section 144 (special provisions as to compensation where purchase notice served)—E+W

(a)in subsection (2)(b), for “existing use value” there is substituted “ Schedule 3 value ”; and

(b)in subsection (6), for the definition of “existing use value” there is substituted—

Schedule 3 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted—

(a)subject to the condition in Schedule 10, for any development of a class specified in paragraph 1 of Schedule 3; and

(b)for any development of a class specified in paragraph 2 of Schedule 3.

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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.

Commencement Information

I138Sch. 6 para. 19 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

20In section 198(4)(a) (tree preservation orders) “80, 81” is omitted.E+W

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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.

Commencement Information

I139Sch. 6 para. 20 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

21In section 220(3)(a) (advertisement regulations) “80, 81” is omitted.E+W

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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.

Commencement Information

I140Sch. 6 para. 21 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

22In section 262(4) and (7)(a) (meaning of “statutory undertakers”) “123” is omitted.E+W

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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.

Commencement Information

I141Sch. 6 para. 22 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

23In section 263(3) (meaning of “operational land”) “123(3) and (4)” is omitted.E+W

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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.

Commencement Information

I142Sch. 6 para. 23 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

24In section 284(3) (validity of orders, etc.) paragraph (c) is omitted.E+W

Annotations: Help about Annotation
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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.

Commencement Information

I143Sch. 6 para. 24 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

25(1)In section 298 (supplementary provisions as to Crown and Duchy interests) for subsections (1) and (2) there is substituted—E+W

(1)Where there is a Crown interest in any land, sections 109 to 112 shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest.

(2)Where there is a Duchy interest in any land, those sections shall have effect in relation to that interest or any private interest as if the Duchy interest were a private interest.

(2)In subsection (3) of that section for “the provisions of this Act referred to in subsection (1)(a)” there is substituted “ sections 109 to 112 ”.

(3)This paragraph does not affect the operation of Schedule 3 to the M14Planning (Consequential Provisions) Act 1990 in relation to any private interest or Duchy interest (as defined in section 293 of the principal Act).

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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.

Commencement Information

I144Sch. 6 para. 25 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

26(1)In section 308 (recovery from acquiring authorities of sums paid by way of compensation)—E+W

(a)in subsection (1)(b), “or 132(1)” is omitted;

(b)in subsection (2), “or, as the case may be, section 132(4)” is omitted; and

(c)in subsection (6) “and in section 309” is omitted.

(2)Any amount recoverable under that section, by reason of a notice registered under section 132(1), which has not been paid shall cease to be recoverable.

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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.

Commencement Information

I145Sch. 6 para. 26 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

27Section 309 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.E+W

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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.

Commencement Information

I146Sch. 6 para. 27 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

28In section 310 (sums recoverable from acquiring authorities reckonable for purposes of grant) “or 309” is omitted.E+W

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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.

Commencement Information

I147Sch. 6 para. 28 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

29In section 311(1)(b) (expenses of government departments) “or V” is omitted.E+W

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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.

Modifications etc. (not altering text)

Commencement Information

I148Sch. 6 para. 29 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

30Section 312 (payments under s. 59 of 1947 Act and Parts I and V of 1954 Act) is omitted.E+W

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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.

Modifications etc. (not altering text)

Commencement Information

I149Sch. 6 para. 30 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

31In section 313 (general provision as to receipts of Secretary of State) “Without prejudice to section 312, and” is omitted.E+W

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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.

Commencement Information

I150Sch. 6 para. 31 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

32In section 315(2) (power to modify Act in relation to minerals) the words from “and in relation” to “in respect of such land” are omitted.E+W

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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.

Commencement Information

I151Sch. 6 para. 32 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

33In section 318(5) (ecclesiastical property) for “112, 133 or 327” there is substituted “ or 112 ”.E+W

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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.

Commencement Information

I152Sch. 6 para. 33 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

34In section 324 (rights of entry) subsection (4) is omitted.E+W

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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.

Commencement Information

I153Sch. 6 para. 34 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

35Section 326 (assumptions as to planning permission in determining value of interests in land) is omitted.E+W

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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.

Commencement Information

I154Sch. 6 para. 35 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

36Section 327 (recovery on subsequent development of payments in respect of war-damaged land) is omitted.E+W

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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.

Commencement Information

I155Sch. 6 para. 36 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

37In section 328(1) (settled land, etc.) for “112, 133 or 327” there is substituted “ or 112 ”.E+W

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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.

Commencement Information

I156Sch. 6 para. 37 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

38In section 336(1) (interpretation) the definitions of “new development” and “previous apportionment” are omitted.E+W

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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.

Modifications etc. (not altering text)

Commencement Information

I157Sch. 6 para. 38 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

39In Schedule 1 (distribution of functions) in paragraph 16(1) “114” is omitted.E+W

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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.

Commencement Information

I158Sch. 6 para.39 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

40(1)In Schedule 3 (existing use development, etc.), paragraphs 3 to 8, 11 and 14 are omitted.E+W

(2)In paragraph 10(2) of that Schedule for “paragraphs 1 and 3” there is substituted “ paragraph 1 ”.

(3)In paragraph 13 of that Schedule for sub-paragraph (2) there is substituted—

(2)This paragraph does not apply for the purposes of sections 111 and 138.

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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.

Commencement Information

I159Sch. 6 para. 40 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

41In Schedule 16 (provisions referred to in sections 314 to 319)—E+W

(a)in Part I for the entry relating to sections 114 and 115 there is substituted— “ Section 115 ”,

(b)in Parts III and VI, the entries relating to Schedule 12 are omitted.

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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.

Commencement Information

I160Sch. 6 para. 41 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

42(1)In section 30 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (local planning authorities for compensation purposes), in subsection (1), paragraph (a) is omitted.E+W

(2)In subsection (2) of that section “27,” is omitted.

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Commencement Information

I161Sch. 6 para. 42 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

43In section 31(2) and (4) of that Act (general provisions as to compensation for depreciation under this Part) for “27 to”, in both places where it occurs, there is substituted “ 28 and ”.E+W

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Commencement Information

I162Sch. 6 para. 42 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

44In section 32(4) of that Act (purchase notices) for “new development” there is substituted “ development (other than any development specified in paragraph 1 or 2 of Schedule 3 to the principal Act) ”.E+W

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Commencement Information

I163Sch. 6 para. 44 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

45In section 49 of that Act (compensation on compulsory acquisition of building) the words from “other than” to the end are omitted.E+W

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Commencement Information

I164Sch. 6 para. 45 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

46In section 88(4) of that Act (rights of entry) “27,” is omitted.E+W

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Commencement Information

I165Sch. 6 para. 46 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

47(1)In section 90 of that Act (financial provisions), in subsection (2) for “27” there is substituted “ 28 ”.E+W

(2)In subsection (7)(a) of that section for “27 to” there is substituted “ 28 or ”.

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Commencement Information

I166Sch. 6 para. 47 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

48In section 91(2) of that Act (interpretation) “new development” is omitted.E+W

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Commencement Information

I167Sch. 6 para. 48 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Planning (Consequential Provisions) Act 1990 (c.11)E+W

49The saving made by paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings) shall cease to have effect in relation to any right to or claim for or any liability in respect of any payment—E+W

(a)under a scheme made under section 59 of the M15Town and Country Planning Act 1947;

(b)under any provision of Part I or V of the M16Town and Country Planning Act 1954.

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Modifications etc. (not altering text)

Commencement Information

I168Sch. 6 para. 49 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

Section 32.

SCHEDULE 7E+W Planning in England and Wales: Minor and Consequential Amendments

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)E+W

1In section 2(3) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words from “it was determined” to the end there is substituted “ a certificate was issued under section 192 of the Town and Country Planning Act 1990 that the operations would be lawful. ”E+W

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Modifications etc. (not altering text)

C12Sch. 7 para. 1 restricted (29.6.1992) by S.I. 1992/1630, art. 3(3)

Commencement Information

I169Sch. 7 para. 1 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

Local Government Act 1972 (c. 70)E+W

2In Part III of Schedule 12A to the Local Government Act 1972, in the definition of “protected informant”, for “172(3)” there is substituted “ 171A ”.E+W

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Commencement Information

I170Sch. 7 para. 2 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W

3In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976 paragraph (a)(iii) is omitted.E+W

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Commencement Information

I171Sch. 7 para. 3 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

Rent (Agriculture) Act 1976 (c.80)E+W

4In section 33(4) of the Rent (Agriculture) Act 1976 for the words from “section 63(2)(b)” to the end there is substituted “ section 73A of the Town and Country Planning Act 1990 ”.E+W

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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.

Commencement Information

I172Sch. 7 para. 4 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

Local Government, Planning and Land Act 1980 (c. 65)E+W

5In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the principal Act there listed: 171C, 173A, 187A, 187B, 196A to 196C and 324(1)(b) and (c) and (7).E+W

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Commencement Information

I173Sch. 7 para. 5 wholly in force; Sch. 7 para. 5 not in force at Royal Assent see s. 84(2); in force to a certain extent at 2.1.1992 by S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5 of that S.I.); para. 5 in force at 27.7.1992 insofar as not already in force by S.I. 1992/1630, art. 2, Sch. 1

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)E+W

6In section 33 of the Local Government (Miscellaneous Provisions) Act 1982, in subsection (1) for paragraphs (a) to (c) there is substituted—E+W

(a)is executed for the purpose of securing the carrying out of works on land in the council’s area in which the other person has an interest, or

(b)is executed for the purpose of regulating the use of or is otherwise connected with land in or outside the council’s area in which the other person has an interest,

and which is neither executed for the purpose of facilitating nor connected with the development of the land in question.

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Commencement Information

I174Sch. 7 para. 6 in force at 25.10.1991, see s. 84(2)(3) and S.I. 1991/2272, art. 3(c)

Housing Act 1988 (c. 50)E+W

7In section 67(3A) of the Housing Act 1988 after “104” there is inserted “ 171C, 171D ”.E+W

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Commencement Information

I175Sch. 7 para. 7 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

The principal ActE+W

8The principal Act is amended as follows.E+W

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Commencement Information

I176Sch. 7 para. 8 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Part IE+W

9(1)In section 5(1) for “300 and 324(1)(b) and (c) and (7)” there is substituted “ and 300 ”.E+W

(2)In section 5(3)—

(a)for “sections 36 to 49, 50(6) to (9), 51” there is substituted “ Part II, sections ”,

(b)for “64 to 72” there is substituted “ 65, 69 to 72 ”,

(c)for “81” there is substituted “ 79 ”,

(d)after “106” there is inserted “ to 106B, 171C ”,

(e)after “173” there is inserted “ 173A ”,

(f)after “184” there is inserted “ 187A, 187B ”,

(g)for “215” there is substituted “ 214, 215 ”,

(h)after “299” there is inserted “ 299A ”, and

(i)for “316(1) to (3) and 324(1)(a)” there is substituted “ 316 and 324(1) and (7) ”.

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Commencement Information

I177Schedule 7 para. 9 wholly in force: para. 9 not in force at Royal Assent see s. 84(2); para 9(2)(c) wholly in force at 25.9.1991 by S.I. 1991/2067, art. 3 (subject to art. 4 of that S.I.); para. 9(2)(h) wholly in force at 25.10.1991 by S.I. 1991/2272, art. 3; para. 9(1)(2)(e)(g) wholly in force and para. 9(2)(d)(f)(i) in force to a certain extent at 2.1.1992 by S.I. 1991/2905 art. 3, Sch. 1 (subject to art. 5 of that S.I.); para. 9(2)(a) wholly in force at 10.2.1992 by S.I. 1991/2905, art. 4; para. 9(2)(i) in force at 17.7.1992 in so far as not already in force by S.I. 1992/1491, art. 2, Sch. 1; para. 9(2)(b) wholly in force and para. 9(2)(f) in force in so far as not already in force at 27.7.1992 by S.I. 1992/1630, art. 2, Sch. 1; para. 9(2)(d) in force at 9.11.1992 in so far as not already in force by S.I. 1992/2831, art. 2.

Part IIIE+W

10(1)In section 56, in subsection (3) after “87(4)” there is inserted “ 89 ”.E+W

(2)In subsection (4) of that section after paragraph (a) there is inserted—

(aa)any work of demolition of a building;.

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Commencement Information

I178Sch. 7 para. 10 wholly in force; para. 10 not in force at Royal Assent see s. 84(2); para. 10(1) wholly in force at 25.9.1991 by S.I. 1991/2067, art. 3; para. 10(2) wholly in force at 27.7.1992 by S.I. 1992/1279, art. 2.

11Section 63 is omitted.E+W

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Commencement Information

I179Sch. 7 para. 11 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

12Section 64 is omitted.E+W

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Commencement Information

I180Sch. 7 para. 12 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

13In section 69—E+W

(a)in subsection (1) “made to that authority”, and

(b)in subsection (3) “made to the authority”,

are omitted.

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Commencement Information

I181Sch. 7 para. 13 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

14In section 70(3) for “sections 65, 66 and 67” there is substituted “ section 65 ”.E+W

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Commencement Information

I182Sch. 7 para. 14 wholly in force at 17.7.1992 see s. 84(2) and S.I. 1992/1491, art. 2, Sch. 1

15In section 71(4) for the definitions of “agricultural holding” and “owner” there is substituted—E+W

prescribed” means prescribed by a development order.

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Commencement Information

I183Sch. 7 para. 15 wholly in force at 17.7.1992 see s. 84(2) and S.I. 1992/1491, art. 2, Sch. 1

16(1)After section 73 there is inserted—E+W

73A Planning permission for development already carried out.

(1)On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2)Subsection (1) applies to development carried out—

(a)without planning permission;

(b)in accordance with planning permission granted for a limited period; or

(c)without complying with some condition subject to which planning permission was granted.

(3)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

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Commencement Information

I184Sch. 7 para. 16 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

17In section 74(2) “section 71 of this Act and” is omitted.E+W

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Commencement Information

I185Sch. 7 para. 17 wholly in force at 17.7.1992 see s. 84(2) and S.I. 1992/1491, art. 2, Sch. 1

18In section 77(4) for “65(2) and (9), 66, 67, 70, 71(1) and (2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71 ”.E+W

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Commencement Information

I186Sch. 7 para. 18 wholly in force; para. 18 not in force at Royal Assent see s. 84(2); para. 18 in force to a certain extent at 2.1.1992 by S.I. 1991/2905, art. 3, Sch 1 (subject to art. 5 of that S.I.); para. 18 in force at 17.7.1992 insofar as not already in force by S.I. 1992/1491, art. 2, Sch. 1

19In section 79(4) for “66, 67, 70, 71(2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71 ”.E+W

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Commencement Information

I187Sch. 7 para. 19 wholly in force; para. 19 not in force at Royal Assent see s. 84(2); in force to a certain extent at 2.1.1992 by S.I. 1991/2905, arts. 3, Sch. 1 (subject to art. 5 of that S.I.); in force at 17.7.1992 insofar as not already in force by S.I. 1992/1491, art. 2, Sch. 1

20In section 91(4)(b), for the words from “granted” to the end there is substituted “ granted for development carried out before the grant of that permission ”.E+W

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Commencement Information

I188Sch. 7 para. 20 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

21In section 102, for subsections (4) and (5) there is substituted—E+W

(4)The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103.

(5)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

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Commencement Information

I189Sch. 7 para. 21 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

Part VIIE+W

22In section 174(6) “in writing” is omitted.E+W

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Commencement Information

I190sch. 7 para. 22 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

23For section 176(1) and (2) there is substituted—E+W

(1)On an appeal under section 174 the Secretary of State may—

(a)correct any defect, error or misdescription in the enforcement notice; or

(b)vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(2)Where the Secretary of State determines to allow the appeal, he may quash the notice.

(2A)The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

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Commencement Information

I191Sch. 7 para. 23 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

24(1)In section 177(1)—E+W

(a)for paragraph (a) there is substituted—

(a)grant planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control, whether in relation to the whole or any part of those matters or in relation to the whole or any part of the land to which the notice relates; and

(b)for paragraph (c) there is substituted—

(c)determine whether, on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which planning permission was granted was lawful and, if so, issue a certificate under section 191.

(1A)The provisions of sections 191 to 194 mentioned in subsection (1B) shall apply for the purposes of subsection (1)(c) as they apply for the purposes of section 191, but as if—

(a)any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and

(b)references to the local planning authority were references to the Secretary of State.

(1B)Those provisions are: sections 191(5) to (7), 193(4) (so far as it relates to the form of the certificate), (6) and (7) and 194.

(2)For section 177(3) there is substituted—

(3)The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III.

(3)In section 177(5) for “for the development to which the notice relates” there is substituted “ in respect of the matters stated in the enforcement notice as constituting a breach of planning control ”.

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Commencement Information

I192Sch. 7 para 24 wholly in force; para. 24 not in force at Royal Assent see s. 84(2); para. 24(1)(a)(2)(3) wholly in force at 2.1.1992 by S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5 of that S.I.); para. 24(1)(b) in force at 27.7.1992 by S.I. 1992/1630, art. 2, Sch. 1

25In section 178(2) “(as defined in section 172(3))” is omitted.E+W

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Commencement Information

I193Sch. 7 para. 25 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

26For section 180 there is substituted—E+W

180 Effect of planning permission, etc., on enforcement or breach of condition notice.

(1)Where, after the service of—

(a)a copy of an enforcement notice; or

(b)a breach of condition notice,

planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

(2)Where after a breach of condition notice has been served any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

(3)The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.

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Commencement Information

I194Sch. 7 para. 26 wholly in force; para. 26 in force for certain purposes at 2.1.1992 by S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5 of that S.I.); para. 26 in force at 27.7.1992 insofar as not already in force by S.I. 1992/1630, art. 2, Sch. 1

27In section 181—E+W

(a)in subsections (1)(a), (4)(b) and (5)(b) for “demolition”, in each place where it occurs, there is substituted “ removal ”;

(b)in subsections (3), (4) and (5) for “demolished”, in each place where it occurs, there is substituted “ removed ”; and

(c)in subsection (5)(b) for “any of the provisions of section 179(1) to (5)” there is substituted “ section 179(2) ”.

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Commencement Information

I195Sch. 7 para. 27 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

28In section 184—E+W

(a)in subsection (4)(b) for “compliance period” there is substituted “ period for compliance with the enforcement notice ”;

(b)in subsection (5) for the words from “included” to the end there is substituted “ relevant activities ”;

(c)in subsection (8) for “172(6)” there is substituted “ 172 ”.

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Commencement Information

I196Sch. 7 para. 28 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

29In section 186—E+W

(a)in subsection (1)(b) for the words from “matters” to the end there is substituted “ any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity ”; and

(b)in subsection (1)(c) the words from “or for its retention” to “granted” are omitted;

(c)in subsection (2) for the words from “so much” to the end there is substituted “ the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities ”.

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Commencement Information

I197Sch. 7 para. 29 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5 Sch. 1

30In section 188—E+W

(a)after subsection (1)(b) there is inserted and

(c)to breach of condition notices, and the “and” immediately preceding paragraph (b) is omitted;

(b)in subsection (2)(a) for “or stop notice” there is substituted “ stop notice or breach of condition notice ”, and

(c)in subsection (2)(b) after “stop notices” there is inserted “ and breach of condition notices ”.

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Commencement Information

I198Sch. 7 para. 30 wholly in force at 27.7.1992 see s. 84(2) and S.I. 1992/1630, art. 2, Sch. 1

31Section 190(4) is omitted.E+W

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Commencement Information

I199Sch. 7 para. 31 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

32In section 195—E+W

(a)in subsection (1) for “an established use certificate” there is substituted “ a certificate under section 191 or 192 ”,

(b)in subsection (2) for “an established use certificate” there is substituted “ a certificate under section 191 or, as the case may be, 192 ”, and

(c)for subsection (4) there is substituted—

(4)References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question.

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Commencement Information

I200Sch. 7 para. 32 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

33In section 196—E+W

(a)in subsection (1) “an application referred to him under section 192(5) or” is omitted and for “applicant or appellant (as the case may be)” there is substituted “ appellant ”,

(b)in subsection (2) for “an established use certificate on such a reference or” there is substituted “ a certificate under section 191 or 192 on ”,

(c)in subsection (3) “application or” is omitted,

(d)in subsection (4) for “established use certificates” there is substituted “ certificates under section 191 or 192 ”, and

(e)subsections (5) to (7) are omitted.

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Commencement Information

I201Sch. 7 para. 33 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

Part VIIIE+W

34In section 198(4)(a) “to 68” is omitted.E+W

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Commencement Information

I202Sch. 7 para. 34 wholly in force at 17.7.1992 see s. 84(2) and S.I. 1992/1491, art. 2, Sch. 1

35In section 216(6) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.E+W

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Commencement Information

I203Sch. 7 para. 35 in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3,5

36Section 219(6) is omitted.E+W

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Commencement Information

I204Sch. 7 para. 36 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

37In section 220(3)(a) “to 68” is omitted.E+W

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Commencement Information

I205Sch. 7 para. 37 wholly in force at 17.7.1992 see s. 84(2) and S.I. 1992/1491, art. 2, Sch. 1

38In section 224(3) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.E+W

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Commencement Information

I206Sch. 7 para. 38 wholly in force at 6.4.1992 see s. 84(2) and S.I. 1992/665, art. 2.

Part XE+W

39Section 250(2) is omitted.E+W

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Commencement Information

I207Sch. 7 para. 39 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

Part XIE+W

40Section 266(3) is omitted.E+W

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Commencement Information

I208Sch. 7 para. 40 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

Part XIIE+W

41In section 284(3)(g) the words from “on an application” to “or” are omitted.E+W

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Commencement Information

I209Sch. 7 para. 41 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

42In section 285—E+W

(a)in subsection (1) “Subject to the provisions of this section” is omitted;

(b)in subsection (2) “(6) to (8)” is omitted; and

(c)subsections (5) and (6) are omitted.

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Commencement Information

I210Sch. 7 para. 42 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

43In section 286—E+W

(a)in subsection (1), paragraph (b) is omitted and in paragraph (c) for “an established use certificate under section 192” there is substituted “ a certificate under section 191 or 192 ”, and

(b)in subsection (2), after “183” there is inserted “ or a breach of condition notice under section 187A ”.

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Commencement Information

I211Sch. 7 art. 43 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

44Section 290 is omitted.E+W

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Commencement Information

I212Sch. 7 para. 44 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

Part XIIIE+W

45(1)In section 296, in subsection (1)(c) after “VII” there is inserted “ except sections 196A and 196B ”.E+W

(2)In subsection (2)(a) of that section for “172” there is substituted “ 171C, 172, 173A, 183, 187A, 187B ”.

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Commencement Information

I213Sch. 7 para. 45 wholly in force; para. 45 not in force at Royal Assent see s. 84(2); para. 45(1) wholly in force and para. 45(2) in force for certain purposes at 2.9.1992 by S.I. 1991/2905, arts. 3, 5, Sch. 1; para. 45(2) in force at 27.7.1992 insofar as not already in force by S.I. 1992/1630, art. 2, Sch. 1

46(1)Section 299 is amended as follows.E+W

(2)In subsection (1) for “determination under section 64” there is substituted “ certificate under section 192 ”.

(3)In subsection (2) for “or determination” there is substituted “ or certificate ”.

(4)For subsection (4) there is substituted—

(4)Any application made by virtue of this section for a certificate under section 192 shall be determined as if the land were not Crown land.

(5)In subsection (5)(a) for “determinations” there is substituted “ certificates ”.

(6)In subsection (6) for “determination” there is substituted “ certificate ”.

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Commencement Information

I214Sch. 7 para. 46 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2, Sch. 1

Part XIVE+W

47In section 306(2)(b) and (3) after “VII”, in both places where it occurs, there is inserted “ except sections 196A and 196B ”.E+W

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Commencement Information

I215Sch. 7 para. 47 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

Part XVE+W

48After section 316 there is inserted—E+W

316A Local 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.

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Commencement Information

I216Sch. 7 para. 48 wholly in force; para. 48 not in force at Royal Assent see s. 84(2); para. 48 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; para. 48 in force at 17.7.1992 insofar as not already in force by S.I. 1992/1491, art. 2, Sch. 1

49For section 319 there is substituted—E+W

319 The 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.

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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.

Commencement Information

I217Sch. 7 para. 49 wholly in force; para. 49 not in force at Royal Assent see s. 84(2); para. 49 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; para. 49 in force at 27.7.1992 insofar as not already in force by S.I. 1992/1630, art. 2, Sch. 1

50(1)Section 325 is amended as follows.E+W

(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 ”.

Annotations: Help about Annotation
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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.

Commencement Information

I218Sch. 7 para. 50 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5, Sch. 1

51At the end of section 329 there is inserted—E+W

(4)This section is without prejudice to section 233 of the M17Local Government Act 1972 (general provisions as to service of notices by local authorities).

Annotations: Help about Annotation
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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.

Commencement Information

I219Sch. 7 para. 51 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

52(1)Section 336 is amended as follows.E+W

(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 ”.

Annotations: Help about Annotation
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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.

Modifications etc. (not altering text)

C13Sch. 7 para. 52(2)(c) restricted (1.6.1992) by S.I. 1992/1279, art.3

Commencement Information

I220Sch. 7 para. 52 wholly in force; para. 52 not in force at Royal Assent see s. 84(2); para. 52(1)(2)(b)(f)(g)(4) wholly in force and para. 52(2)(a) in force to a certain extent at 2.1.1992 by S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5 of that S.I.); para. 52(2)(e)(3) wholly in force at 17.7.1992 by S.I. 1992/1491, art. 2, Sch. 1; para. 52(2)(c) wholly in force at 27.7.1992 by S.I. 1992/1279, art. 2 (subject to art. 3 of that S.I.); para. 52(2)(a) in force insofar as not already in force and para. 52(2)(d) wholly in force at 27.7.1992 by S.I. 1992/1630, art. 2, Sch. 1

SchedulesE+W

53(1)Schedule 1 is amended as follows.E+W

(2)For paragraph 3(1)(b) and (c) there is substituted—

(b)applications for a certificate under section 191 or 192.

(3)In paragraph 4(2) for “such application relating” there is substituted “ application for planning permission, for a certificate under section 191 or 192 or for consent to the display of advertisements under section 220, relating in each case ”.

(4)In paragraph 7(1) for “sections 70 and 71” there is substituted “ section 70 ”.

(5)For paragraph 8 there is substituted—

8(1)A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council of any parish or community situated in their area, notify the council of—

(a)any relevant planning application; and

(b)any alteration to that application accepted by the authority.

(2)In sub-paragraph (1) “a relevant planning application” means an application which—

(a)relates to land in the parish or community; and

(b)is an application for—

(i)planning permission; or

(ii)approval of a matter reserved under an outline planning permission within the meaning of section 92.

(3)Any request made for the purposes of sub-paragraph (1) shall be in writing and state that the council wishes to be notified of all relevant applications or all applications of a description specified in the request.

(4)An authority shall comply with the duty to notify a council of an application by—

(a)sending the council a copy of the application; or

(b)indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates,

and any notification falling within paragraph (b) shall be in writing.

(5)An authority shall comply with their duty to notify a council of an alteration by—

(a)sending a copy of the alteration to the council; or

(b)informing the council in writing of its general effect,

but they need not notify a council of an alteration which in their opinion is trivial.

(6)A development order may require a local planning authority which is dealing with an application of which a council is entitled to be notified—

(a)to give the council an opportunity to make representations to them as to the manner in which the application should be determined;

(b)to take into account any such representations;

(c)to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

(6)In paragraph 11(1)(b), after “serving” there is inserted “ planning contravention notices under section 171C or ” and after “section 183” there is inserted “ or breach of condition notices under section 187A ”.

(7)After paragraph 12 there is inserted—

12AThe functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question.

(8)In paragraph 20, in sub-paragraph (1), for “100(3), 104(3) or 202(1)” there is substituted “ 100(3), 104(3), 196A(3), 202(1) or 214B(6) ”.

(9)For sub-paragraph (3) of that paragraph there is substituted—

(3)In relation to land in the area of a joint planning board, a person entering into a planning obligation under section 106 or 299A may identify the council of the county in which the land is situated as the authority by whom the obligation is enforceable.

Annotations: Help about Annotation
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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.

Commencement Information

I221Sch. 7 para. 53 wholly in force; para. 53 not in force at Royal Assent see s. 84(2); para. 53(9) wholly in force at 25.10.1991 by S.I. 1991/2272, art. 3(1)(c); para. 53(3)(5)(6) in force at 2.1.1992 to a certain extent and para. 53(7)(8) wholly in force at 2.1.1992 by S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5 of that S.I.); para. 53(3) in force at 6.4.1992 in so far as not already in force by S.I. 1992/665, art. 2; para. 53(4) wholly in force at 17.7.1992 by S.I. 1992/1491, art. 2, Sch. 1; para. 53(2) wholly in force and para. 53(6) in force insofar as not already in force at 27.7.1992 by S.I. 1992/1630, art. 2, Sch. 1; para. 53(5) in force at 9.11.1991 in so far as not already in force by S.I. 1992/2831, art. 2 (subject to art. 3 of that S.I.).

54(1)Schedule 6 is amended as follows.E+W

(2)In paragraph 1(1), after “78” there is inserted “ 106B ”.

(3)In paragraph 2—

(a)in sub-paragraph (1)(a), for “subsections (1) and (4)” there is substituted “ subsections (1), (4) and (6A) ”,

(b)after that sub-paragraph there is inserted—

(aa)in relation to an appeal under section 106B, as he has under that section;

(c)in sub-paragraph (1)(b), after “(2)” there is inserted “ to (2A) ”;

(d)in sub-paragraph (1)(c) “and subsection (5) of section 196” is omitted;

(e)in sub-paragraph (1)(d) for “and (8)” there is substituted “ to (8A) ”;

(f)in sub-paragraph (2) after “79(2)” there is inserted “ 106B(4) ”; and

(g)in sub-paragraph (8) “or 290” is omitted.

(4)In paragraphs 3(2) and 4(2) after “under” there is inserted “ any provision of a development order made by virtue of ”.

Annotations: Help about Annotation
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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.