Planning and Compulsory Purchase Act 2004 (c. 5)

SCHEDULES

SCHEDULE 6 E+W Amendments of the planning Acts

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) E+W

19 E+W The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

Commencement Information

I1 Sch. 6 para. 19 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2 Sch. 6 para. 19 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(h)

I3 Sch. 6 para. 19 in force at 15.10.2005 for W. so far as not already in force by S.I. 2005/2847, art. 2(e)

20 E+W In section 10(3) (regulations relating to applications for listed building consent)—

(a) for paragraph (b) and the word “and” following it there is substituted the following paragraph—

“(b) requirements as to publicity in relation to such applications;”;

(b) after paragraph (c) there are inserted the following paragraphs—

“(d) requirements as to consultation in relation to such applications;

(e) prohibiting the determination of such applications during such period as is prescribed;

(f) requirements on the local planning authority to take account of responses from persons consulted.”

Commencement Information

I4 Sch. 6 para. 20 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I5 Sch. 6 para. 20 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(e)

21 E+W In section 23(2) (matters to which regard is to be had by local planning authority in exercising function of revoking or modifying consent) for “the development plan and to any other” there is substituted “ any ”.

Commencement Information

I6 Sch. 6 para. 21 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(h)

I7 Sch. 6 para. 21 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(e)

22 E+W In section 26(2) (matters to which regard is to be had by the Secretary of State in exercising function of revoking or modifying consent) for “the development plan and to any other” there is substituted “ any ”.

Commencement Information

I8 Sch. 6 para. 22 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(h)

I9 Sch. 6 para. 22 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(e)

23 E+W In section 67 (publicity for applications affecting the setting of listed buildings) for subsections (1) to (7) there is substituted the following subsection—

“(1) The Secretary of State may prescribe requirements as to publicity for applications for planning permission in cases where the local planning authority think that the development of land would affect the setting of a listed building.”

Commencement Information

I10 Sch. 6 para. 23 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I11 Sch. 6 para. 23 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(e)

24 E+W In section 73 (publicity for applications affecting conservation areas) for subsection (1) there is substituted the following subsection—

“(1) The Secretary of State may prescribe requirements as to publicity for applications for planning permission in cases where the local planning authority think that the development of land would affect the character or appearance of a conservation area.”

Commencement Information

I12 Sch. 6 para. 24 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I13 Sch. 6 para. 24 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(e)

25 E+W In section 91(2) (interpretation) “ “development plan”” is omitted.

Commencement Information

I14 Sch. 6 para. 25 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(h)

I15 Sch. 6 para. 25 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(e)

26 E+W In section 93 (provision about regulations and orders) after subsection (6) there are inserted the following subsections—

“(6A) Regulations and orders may make different provision for different purposes.

(6B) The powers to make regulations under sections 10(3)(b), 67(1) and 73(1) must be taken to be powers mentioned in section 100(2) of the Local Government Act 2003 (powers exercisable in relation to descriptions of certain local authorities which fall into particular categories for the purposes of section 99 of that Act).”

Commencement Information

I16 Sch. 6 para. 26 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I17 Sch. 6 para. 26 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(e)