The Town and Country Planning (Blight Provisions) (Wales) Order 2011

Welsh Statutory Instruments

2011 No. 435 (W.63)

ACQUISITION OF LAND, WALES

TOWN AND COUNTRY PLANNING, WALES

The Town and Country Planning (Blight Provisions) (Wales) Order 2011

Made

15 February 2011

Laid before the National Assembly for Wales

18 February 2011

Coming into force

1 April 2011

The Welsh Ministers, 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 now vested in them(2), make the following Order:

Title, application and commencement

1.—(1) The title of this Order is the Town and Country Planning (Blight Provisions) (Wales) Order 2011.

(2) This Order applies in relation to Wales, and comes into force on 1 April 2011.

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 £34,800.

Revocation

3.  The Town and Country Planning (Blight Provisions) (Wales) Order 2005(3) is revoked.

Ieuan Wyn Jones

Deputy First Minister and Minister for the Economy and Transport, one of the Welsh Ministers

15 February 2011

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 Welsh Ministers. In the exercise of that power, the Welsh Ministers, by this Order, increase the annual value limit from £29,200 to £34,800 to take account of the rating revaluation in the year 2010.

This Order applies in relation to Wales.

The Town and Country Planning (Blight Provisions) (Wales) Order 2005 (S.I. 2005/367) (W.33) is revoked.

A Regulatory Impact Assessment of the effect of this Order has been prepared and is annexed to the Explanatory Memorandum. Copies may be obtained from the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

1990 c. 8.

(2)

The powers of the Secretary of State were transferred to the National Assembly for Wales by 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). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions of the National Assembly for Wales transferred to the Welsh Ministers.

(3)

S.I. 2005/367 (W.33)