The Town and Country Planning (Blight Provisions) (Wales) Order 2005

Welsh Statutory Instruments

2005 No. 367 (W.33)

ACQUISITION OF LAND, WALES

TOWN AND COUNTRY PLANNING, WALES

The Town and Country Planning (Blight Provisions) (Wales) Order 2005

Made

22 February 2005

Coming into force

1 April 2005

The National Assembly for Wales, in exercise of the powers conferred on the Secretary of State by sections 149(3)(a) and 333(7) of the Town and Country Planning Act 1990(1) and sections 143 and 147 of the Local Government Finance Act 1988(2), and now vested in the National Assembly for Wales(3), and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation, commencement and application

1.—(1) This Order may be cited as the Town and Country Planning (Blight Provisions) (Wales) Order 2005 and comes into force on 1 April 2005.

(2) This Order applies to Wales.

Limit of annual value

2.  The amount prescribed for the purposes of section 149(3)(a) of the Town and Country Planning Act 1990 is £29,200.

Revocation

3.  The Town and Country Planning (Blight Provisions) (Wales) Order 2000(4) is revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

D. Elis-Thomas

The Presiding Officer of the National Assembly

22 February 2005

Explanatory Note

(This note is not part of the Order)

The blight notice provisions in sections 149 to 171 of the Town and Country Planning Act 1990 (“the Act”) enable persons holding certain interests in categories of land, specified in Schedule 13 to the Act (including land affected by certain planning and highway proposals), to require the appropriate authority to acquire their interest in the land.

One of the interests in land which qualifies for protection is an interest of an owner-occupier of a hereditament (which means a relevant hereditament within the meaning of section 64(4)(a) to (c) of the Local Government Finance Act 1988) where the annual value of the hereditament does not exceed such amount as may be prescribed by the Secretary of State (section 149(3)(a) of the Act).

The power to prescribe that amount, so far as exercisable in relation to Wales, is now vested in the National Assembly for Wales and, in the exercise of its powers, the National Assembly for Wales, by this Order, increases the annual value limit from £24,600 to £29,200 to take account of the rating revaluation in the year 2005.

This Order applies to Wales.

The Town and Country Planning (Blight Provisions) (Wales) Order 2000 (S.I. 2000/1169) (W.94) is revoked.

(1)

1990 c. 8.

(2)

1988 c. 41.

(3)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as varied by the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) (W.5).

(4)

S.I. 2000/1169 (W.94).

(5)

1998 c. 38.