1998 No. 84
URBAN DEVELOPMENT
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Urban Development Corporations in England (Planning Functions) Order 1998

Made
Laid before Parliament
Coming into force
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 148(2) and 149(1), (3) and (11) of the Local Government, Planning and Land Act 19801 and sections 59 and 333(7) of the Town and Country Planning Act 19902, and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Urban Development Corporations in England (Planning Functions) Order 1998 and shall come into force on 25th March 1998.

(2)

In this Order—

“the 1980 Act” means the Local Government, Planning and Land Act 1980;

“the 1990 Act” means the Town and Country Planning Act 1990;

“the authority” means in relation to each Corporation the authority which, but for an order made under section 149 of the 1980 Act, would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;

“Corporation” means any of the following, namely—

(a)

the Birmingham Heartlands Development Corporation;

(b)

the Black Country Development Corporation;

(c)

the Merseyside Development Corporation;

(d)

the Plymouth Development Corporation;

(e)

the Teesside Development Corporation;

(f)

the Trafford Park Development Corporation; and

(g)

the Tyne and Wear Development Corporation; and

“development area” in relation to a Corporation means an area for which the Corporation was established, or in relation to which the Corporation was directed by order to perform the functions of an urban development corporation, and which was designated as an urban development area by an order made under section 134 of the 1980 Act3.

Revocation of planning functions and special development orders2.

The Orders listed in the Schedule to this Order are hereby revoked.

Transitional provisions in connection with planning functions3.

Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Corporation in connection with any of the functions transferred to it under an order made under section 149 of the 1980 Act may be continued after that date by, to or in relation to the authority.

Liability for compensation in connection with planning functions; section 106 planning obligations4.

(1)

Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act4 or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 19905 in consequence of action taken in relation to land within a development area by a Corporation, that Corporation shall be liable for any compensation which is payable6.

(2)

Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act7 in respect of a matter arising before that date, which relates to land within a development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.

(3)

A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act8 before the date of the coming into force of this Order which identifies the Corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.

Signed by authority of the Secretary of Statefor the Environment

R. G. Caborn
Minister of State,
Department of the Environment, Transport and the Regions

SCHEDULERevocation of planning functions and special development orders

Article 2

Planning functions orders

1.

The Birmingham Heartlands Development Corporation (Planning Functions) Order 19929.

2.

The Black Country Development Corporation (Planning Functions) Order 198710.

3.

The Black Country Development Corporation (Planning Functions) (Wolverhampton) Order 198811.

4.

The Merseyside Development Corporation (Planning Functions) (Liverpool and Wirral) Order 198812.

5.

The Merseyside Development Corporation (Planning Functions) Order 199013.

6.

The Plymouth Development Corporation (Planning Functions) Order 199314.

7.

The Teesside Development Corporation (Planning Functions) Order 198715.

8.

The Trafford Park Development Corporation (Planning Functions) Order 198716.

9.

The Tyne and Wear Development Corporation (Planning Functions) Order 198717.

Special development orders

10.

The Town and Country Planning (Black Country Urban Development Area) Special Development Order 198718.

11.

The Town and Country Planning (Wolverhampton Urban Development Area) Special Development Order 198819.

12.

The Town and Country Planning (Merseyside Urban Development Area) Special Development Order 198120.

13.

The Town and Country Planning (Liverpool and Wirral Urban Development Area) Special Development Order 198921.

14.

The Town and Country Planning (Teesside Urban Development Area) Special Development Order 198722.

15.

The Town and Country Planning (Trafford Park Urban Development Area) Special Development Order 198723.

16.

The Town and Country Planning (Tyne and Wear Urban Development Area) Special Development Order 198724.
(This note is not part of the Order)

This Order revokes the planning functions orders and special development orders relating to the following urban development corporations—

(a)

the Birmingham Heartlands Development Corporation;

(b)

the Black Country Development Corporation;

(c)

the Merseyside Development Corporation;

(d)

the Plymouth Development Corporation;

(e)

the Teesside Development Corporation;

(f)

the Trafford Park Development Corporation; and

(g)

the Tyne and Wear Development Corporation.

The Order also makes transitional provisions in connection with the transfer of planning functions from those urban development corporations to local authorities.