Planning Act 2008 (c. 29)

Part 9 E+W+S Changes to existing planning regimes

Chapter 2 E+W+S Other changes to existing planning regimes

Use of land E+W

194 Use of land: power to override easements and other rights E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Welsh Ministers may by order amend Schedule 4 to the Welsh Development Agency Act 1975 (c. 70) for the purpose of authorising the use in accordance with planning permission of land acquired under section 21A of that Act, even if the use involves—

(a) interference with an interest or right to which paragraph 6 of that Schedule applies, or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(3) The power to make an order under subsection (2) is exercisable by statutory instrument.

(4) The power includes—

(a) power to make different provision for different purposes (including different areas);

(b) power to make incidental, consequential, supplementary, transitional or transitory provision or savings.

(5) No order may be made under subsection (2) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.

Textual Amendments

F1 S. 194(1) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 14; S.I. 2016/733, reg. 3(m)

Commencement Information

I1 S. 194 partly in force; s. 194(2)-(5) in force at 26.1.2009 see s. 241

I2 S. 194(1) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(h)