(1)Where it appears to [F1the appropriate tribunal] after the expiry of the period mentioned in section 70(1) that a scheme could, on the application of any landlord or landlords within that period, have been approved under section 70 as an estate management scheme for any area or areas within a conservation area, an application for the approval of the scheme under that section may, subject to subsections (2) and (3) below, be made to the tribunal by one or more bodies constituting the relevant authority for the purposes of this section.
(2)An application under subsection (1) may only be made if—
(a)no scheme has been approved under section 70 for the whole or any part of the area or areas to which the application relates (“the scheme area”); and
(b)any application which has been made in accordance with section 70(1), 71(1) or 71(3) for the approval of a scheme for the whole or any part of the scheme area has been withdrawn or dismissed; and
(c)no request for consent under section 72(1) which relates to the whole or any part of the scheme area is pending or has been granted within the last six months.
(3)An application under subsection (1) above must be made within the period of six months beginning—
(a)with the date on which the period mentioned in section 70(1) expires, or
(b)if any application has been made as mentioned in subsection (2)(b) above, with the date (or, as the case may be, the latest date) on which any such application is withdrawn or dismissed,
whichever is the later; but if at any time during that period of six months a request of a kind mentioned in subsection (2)(c) above is pending or granted, an application under subsection (1) above may, subject to subsection (2) above, be made within the period of—
(i)six months beginning with the date on which the request is withdrawn or refused, or
(ii)twelve months beginning with the date on which the request is granted,
as the case may be.
(4)A scheme approved on an application under subsection (1) may confer on the applicant or applicants any such rights or powers under the scheme as might have been conferred on the landlord or landlords for the time being.
(5)For the purposes of this section the relevant authority for the scheme area is—
(a)where that area falls wholly within the area of a local planning authority—
(i)that authority; or
(ii)subject to subsection (6), that authority acting jointly with the Historic Buildings and Monuments Commission for England (“the Commission”); or
(iii)subject to subsection (6), the Commission; or
(b)in any other case—
(i)all of the local planning authorities within each of whose areas any part of the scheme area falls, acting jointly; or
(ii)subject to subsection (6), one or more of those authorities acting jointly with the Commission; or
(iii)subject to subsection (6), the Commission.
(6)The Commission may make, or join in the making of, an application under subsection (1) only if—
(a)the whole of the scheme area is in England; and
(b)they have consulted any local planning authority within whose area the whole or any part of the scheme area falls.
(7)Where a scheme is approved on an application under subsection (1) by two or more bodies acting jointly, the scheme shall, if the tribunal considers it appropriate, be made subject to conditions (enforceable in such manner as may be provided by the scheme) for securing that those bodies co-operate in the administration of the scheme.
(8)Where a scheme is approved on an application under subsection (1)—
(a)section 70(11) and (12)(a) shall (subject to subsection (9) below) have effect as if any reference to the landlord, or the landlord for the time being, for the area for which an estate management scheme has been approved were a reference to the applicant or applicants; and
(b)section 70(12)(b) and (c) shall each have effect with the omission of so much of that provision as relates to the adjustment of any such price as is there mentioned.
(9)A scheme so approved shall not be enforceable by a local planning authority in relation to any property falling outside the authority’s area; and in the case of a scheme approved on a joint application made by one or more local planning authorities and the Commission, the scheme may provide for any of its provisions to be enforceable in relation to property falling within the area of a local planning authority either by the authority alone, or by the Commission alone, or by the authority and the Commission acting jointly, as the scheme may provide.
(10)For the purposes of—
(a)section 9(1A) of the M1Leasehold Reform Act 1967 (purchase price on enfranchisement) as it applies in relation to any acquisition such as is mentioned in section 69(1)(a) above, and
(b)paragraph 3 of Schedule 6 to this Act as it applies in relation to any acquisition such as is mentioned in section 69(1)(b) above (including that paragraph as it applies by virtue of paragraph 7 or 11 of that Schedule),
it shall be assumed that any scheme approved under subsection (1) and relating to the property in question had not been so approved, and accordingly any application for such a scheme to be approved, and the possibility of such an application being made, shall be disregarded.
(11)Section 70(14) applies for the purposes of this section.
Textual Amendments
F1Words in s. 73(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 114 (with Sch. 3)
Marginal Citations