2006 No. 1061 (C.35)

TOWN AND COUNTRY PLANNING, ENGLAND

The Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006

Made

The First Secretary of State, in exercise of the powers conferred by section 121 of the Planning and Compulsory Purchase Act 20041 and after consultation2 with the National Assembly for Wales, makes the following Order:

Citation and Interpretation1

1

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006.

2

In this Order—

  • “the 2004 Act” means the Planning and Compulsory Purchase Act 2004; and

  • “the 1990 Act” means the Town and Country Planning Act 19903.

Provisions coming into force on 10th May 20062

The following provisions of the 2004 Act shall come into force in relation to England on 10th May 2006—

a

sections 40 and 41 (in so far as they are not yet in force);

b

section 49 (in so far as it is not yet in force); and

c

Schedule 1 (in so far as it is not yet in force).

Provisions coming into force on 10th August 20063

The following provisions of the 2004 Act shall come into force in relation to England on 10th August 2006—

a

subsections (1) and (5) to (9) of section 42 of the 2004 Act; and

b

Schedule 9 so far as it gives effect to the repeal of section 76 of the 1990 Act.

Saving4

Notwithstanding article 3(a), the Town and Country Planning (Applications) Regulations 19884 shall continue to have effect on and after 10th August 2006.

Signed by the authority of the First Secretary of State

Kay AndrewsParliamentary Under Secretary of StateOffice of the Deputy Prime Minister

(This note is not part of the Order)

Article 2 of this Order brings into force on 10th May 2006, in relation to England, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”)—

  • sections 40 and 41 and Schedule 1 (in so far as they are not yet in force)(local development orders); and

  • section 49 (in so far as it is not yet in force) (development to include certain internal operations).

Article 3 of this Order brings into force on 10th August 2006, in relation to England, the following provisions of the Act

  • section 42(1) and (5) to (9) (applications for planning permission and certain consents); and

  • Schedule 9 so far as it gives effect to the repeal of section 76 of the Town and Country Planning Act 1990.

Article 4 saves the Town and Country Planning (Applications) Regulations 1988.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Sections 1 to 3 (partially)

6th August 2004

2004/2097

Sections 1 to 3 as to England (in so far as not already in force

28th September 2004

2004/2202

Section 4 as to England

28th September 2004

2004/2202

Section 5 (partially)

6th August 2004

2004/2097

Section 5 as to England (in so far as not already in force)

28th September 2004

2004/2202

Sections 6 and 7 as to England

28th September 2004

2004/2202

Section 8 (partially)

6th August

2004/2097

Section 8 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 9 as to England

28th September 2004

2004/2202

Sections 10 to 15 (partially)

6th August 2004

2004/2097

Sections 10 to 15 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 16 (partially)

6th August 2004

2004/2097

Section 16 as to England (in so far as not already in force)

28th September

2004/2202

Section 17 (partially)

6th August 2004

2004/2097

Section 17 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 18 as to England

28th September 2004

2004/2202

Sections 19 to 22 (partially)

6th August 2004

2004/2097

Sections 19 to 22 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 23 as to England

28th September 2004

2004/2202

Sections 24 to 26 (partially)

6th August 2004

2004/2097

Sections 24 to 26 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 27 as to England

28th September 2004

2004/2202

Sections 28 and 29 (partially)

6th August 2004

2004/2097

Section 28 and 29 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 30 as to England

28th September 2004

2004/2202

Section 31 (partially)

6th August 2004

2004/2097

Section 31 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 32 to 34 as to England

28th September 2004

2004/2202

Sections 35 and 36 (partially)

6th August 2004

2004/2097

Sections 35 and 36 as to England (in so far as not already in force)

28th September 2004

2004/2202

Sections 37 to 39 as to England

28th September 2004

2004/2202

Sections 38 and 39 as to Wales

15th October 2005

2005/2847

Sections 40 to 42 (partially)

6th August 2004

2004/2097

Section 43 (partially)

24th August 2005

2005/2081

Section 44 (partially)

6th August 2004

2004/2097

Section 44 (in so far as not already in force)

24th August 2005

2005/2081

Sections 46 to 50 (partially)

6th August 2004

2004/2097

Section 51

24th August 2005

2005/2081

Sections 52 to 54 (partially)

6th August 2004

2004/2097

Sections 52 and 53 as to England (in so far as not already in force)

7th March 2005

2005/204

Section 53 as to Wales (in so far as not already in force)

27th March 2006

2006/931

Section 54 (in so far as not already in force)

25th August 2005

2005/2081

Sections 55 as to England (in so far as not already in force)

1st April 2005

2005/204

Section 56 as to England and Wales

28th September 2004

2004/2202

Section 57 (partially)

6th August 2004

2004/2097

Section 57 as to England and Wales (in so far as not already in force)

28th September 2004

2004/2202

Section 58 as to England and Wales

28th September 2004

2004/2202

Section 59 (partially)

6th August 2004

2004/2097

Section 59 as to England and Wales (in so far as not already in force)

28th September 2004

2004/2202

Sections 79 to 83 (partially)

6th August 2004

2004/2097

Section 88 (partially)

6th August 2004

2004/2097

Section 91 (partially)

6th August 2004

2004/2097

Sections 100 and 101 (partially)

6th August 2004

2004/2097

Sections 99 to 110 as to England and Wales (in so far as not already in force)

31st October 2004

2004/2593

Section 111(2) as to England and Wales

31st October 2004

2004/2593

Section 113 as to England

28th September 2004

2004/2202

Section 113 as to Wales

15th October 2005

2005/2847

Section 114 as to England (partially)

28th September 2004

2004/2202

Section 114 as to Wales

12th October 2005

2005/2847

Section 116 (partially)

6th August 2004

2004/2097

Section 116 (in so far as not already in force)

25th August 2005

2005/2081

Section 117(1) to (7) (partially)

6th August 2004

2004/2097

Section 117(1) to (7) as to England and Wales (in so far as not in force)

28th September 2004

2004/2202

Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (partially)

6th August 2004

2004/2097

Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (in so far as not already in force)

28th September 2004

2004/2202

Section 119 (1) (partially)

6th August 2004

2004/2097

Section 119(1) as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (partially)

6th August 2004

2004/2097

Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

28th September 2004

2004/2202

Schedule 1 (partially)

6th August 2004

2004/2097

Schedule 2 paragraph 3 (partially)

6th August 2004

2004/2097

Schedule 2 as to England (in so far as not already in force)

1st April 2005

2005/204

Schedule 3 paragraph 6 to 8 and 10 to 12 (partially)

6th August 2004

2004/2097

Schedule 6 paragraphs 1, 3, 14, 16, 19, 20, 23, 24, 26 and 27 (partially)

6th August 2004

2004/2097

Schedule 6 paragraphs 1, 8 to 13, 15, 16(1) and (2), 17 to 19, 21, 22 and 25 as to England (in so far as not already in force)

28th September 2004

2004/2202

Schedule 6 paragraph 7 as to England and Wales

31st October 2004

2004/2593

Schedule 6 paragraph 16(4) (in so far as not already in force)

25th July 2005

2004/2081

Schedule 6 paragraphs 20, 23, 24 and 26 as to England and Wales (in so far as not already in force)

28th September 2004

2004/2202

Schedule 6 paragraphs 1, 8 to 13, 15, 17, 18 and 19 (so far as as it is not in force) and 21, 22 and 25 as to Wales

15th October 2005

2005/2847

Schedule 7 paragraph 19 (partially)

6th August 2004

2004/2097

Schedule 7 paragraphs 2, 3, 6, 8, 11(1) to (3), 16, 17, 19(2), 22 and 23 as to England (in so far as not already in force)

28th September 2004

2004/2202

Schedule 7 paragraphs 4, 5, 7, 9, 10(1) to (6), 11(4) and (5), 12 to 15, 18 and 21 as to England and Wales

31st October 2004

2004/2593

Schedule 7, paragraphs 2, 3, 11(1) to (3), 16, 17, 19(2) (so far as it is not in force) and 23 as to Wales

15th October 2005

2005/2847

Schedule 8 paragraph 4,9,17 and 18 (partially)

6th August 2004

2004/2097

Schedule 8 as to England (so far as not already in force)

28th September 2004

2004/2202

Schedule 9 as to England (partially)

28th September 2004

2004/2202

Schedule 9 as to England and Wales (partially)

28th September 2004

2004/2202

Schedule 9 as to England and Wales (partially)

31st October 2004

2004/2593

Schedule 9 as to Wales (partially)

15th October 2005

2005/2847