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Planning Act 2008

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Changes over time for: SCHEDULE 9

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Version Superseded: 01/07/2012

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Section 194

SCHEDULE 9E+WUse of land: power to override easements and other rights

This schedule has no associated Explanatory Notes

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

1(1)Paragraph 6 of Schedule 28 to the Local Government, Planning and Land Act 1980 (urban development corporations: power to override easements) is amended as follows.E+W

(2)After sub-paragraph (1) insert—

“(1A)The use of any land in England which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether the use is by the corporation or authority or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—

(a)interference with an interest or right to which this paragraph applies, or

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

(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “ or (1A) ”.

(4)In sub-paragraph (4)—

(a)after “sub-paragraph (1)” insert “ or (1A) ”, and

(b)after “works on” insert “ , or use of, ”.

(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “ or (1A) ”.

Commencement Information

I1Sch. 9 para. 1 in force at 6.4.2009 by S.I. 2009/400, art. 3(h)

New Towns Act 1981 (c. 64)E+W

2(1)Section 19 of the New Towns Act 1981 (power to override easements and other rights) is amended as follows.E+W

(2)After subsection (1) insert—

“(1A)Subject to subsection (3), the use of any land in England which has been acquired by a development corporation or local highway authority for the purposes of this Act, whether the use is by the corporation or authority or by any other person, is authorised by virtue of this section if it is in accordance with planning permission even if the use involves—

(a)interference with an interest or right to which this section applies, or

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

(3)In subsection (2) after “subsection (1)” insert “ or (1A) ”.

(4)In subsection (4)—

(a)after “subsection (1)” insert “ or (1A) ”, and

(b)in paragraph (b) after “works on” insert “ , or use of, ”.

(5)In subsection (7) after “subsection (1)” insert “ or (1A) ”.

Commencement Information

I2Sch. 9 para. 2 in force at 6.4.2009 by S.I. 2009/400, art. 3(h)

Housing Act 1988 (c. 50)E+W

3(1)Paragraph 5 of Schedule 10 to the Housing Act 1988 (power to override easements) is amended as follows.E+W

(2)After sub-paragraph (1) insert—

“(1A)The use of any land in England which has been vested in or acquired by a housing action trust for the purposes of Part 3 of this Act, whether the use is by the trust or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—

(a)interference with an interest or right to which this paragraph applies, or

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

(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “ or (1A) ”.

(4)In sub-paragraph (4)—

(a)after “sub-paragraph (1)” insert “ or (1A) ”, and

(b)after “works on” insert “ , or use of, ”.

(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “ or (1A) ”.

Commencement Information

I3Sch. 9 para. 3 in force at 6.4.2009 by S.I. 2009/400, art. 3(h)

Town and Country Planning Act 1990 (c. 8)E+W

4(1)Section 237 of TCPA 1990 (power to override easements and other rights) is amended as follows.E+W

(2)After subsection (1) insert—

“(1A)Subject to subsection (3), the use of any land in England which has been acquired or appropriated by a local authority for planning purposes (whether the use is by the local authority or by a person deriving title under them) is authorised by virtue of this section if it is in accordance with planning permission even if the use involves—

(a)interference with an interest or right to which this section applies, or

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

(3)In subsection (4)—

(a)after “subsection (1)” insert “ or (1A) ”, and

(b)in paragraph (b)(ii) after “works on” insert “ , or use of, ”.

(4)In subsection (7) after “subsection (1)” insert “ or (1A) ”.

Commencement Information

I4Sch. 9 para. 4 in force at 6.4.2009 by S.I. 2009/400, art. 3(h)

Prospective

No commentary item could be found for this reference key-2359f2f1282f55cef625eb2a9c5caa72Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E+W

No commentary item could be found for this reference key-2359f2f1282f55cef625eb2a9c5caa725E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regional Development Agencies Act 1998 (c. 45)E+W

6(1)Paragraph 2 of Schedule 6 to the Regional Development Agencies Act 1998 (vesting and acquisition of land: power to override easements) is amended as follows.E+W

(2)After sub-paragraph (1) insert—

“(1A)The use of any land in England which has been vested in or acquired by a regional development agency under this Act, whether the use is by the agency or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—

(a)interference with an interest or right to which this paragraph applies, or

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

(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “ or (1A) ”.

(4)In sub-paragraph (4)—

(a)after “sub-paragraph (1)” insert “ or (1A) ”, and

(b)after “works on” insert “ , or use of, ”.

(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “ or (1A) ”.

Commencement Information

I5Sch. 9 para. 6 in force at 6.4.2009 by S.I. 2009/400, art. 3(h)

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