The Cornwall Council (A30 Temple to Higher Carblake Improvement) (Correction) Order 2015

This Statutory Instrument has been made in consequence of a defect in S.I. 2015/147 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2015 No. 243

Infrastructure Planning

The Cornwall Council (A30 Temple to Higher Carblake Improvement) (Correction) Order 2015

Made

12th February 2015

Coming into force

13th February 2015

The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015(1) (“the Order”) contains a correctable error as defined in paragraph 1(3) of Schedule 4 to the Planning Act 2008(2) (“the Act”).

Before the end of the relevant period referred to in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State sent a statement in writing to the applicant, Cornwall Council, who is also the local planning authority for the area in which the land to which the Order relates is situated, explaining the correctable error and stating that the Secretary of State was considering correcting it.

The Secretary of State, in exercise of the powers conferred by section 119 of, and Schedule 4 to, the Act, makes the following Order:

Citation and commencement

1.    This Order may be cited as the Cornwall Council (A30 Temple to Higher Carblake Improvement) (Correction) Order 2015 and comes into force on 13th February 2015.

Correction of preamble

2.—(1) The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 is amended as follows.

(2) In the preamble, before the last paragraph, insert—

“The Secretary of State is satisfied that the requirements of sections 131(3)(a) and (4) and 132(2)(a), (3) and (4) of the 2008 Act have been met, in relation to the special category land(3).”.

Signed by the authority of the Secretary of State for Transport

Stephen Cave

Head of Rail Projects

Department for Transport

12th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects an omission in the Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015. It inserts a statement required by section 131(3)(b) and 132(2)(b) of the Planning Act 2008 recording the fact that certain requirements have been met in relation to the authorisation of compulsory acquisition of land forming part of a common, open space or fuel or field garden allotment, or rights over that land.

(1)

S.I. 2015/147.

(2)

2008 c. 29. Paragraph 1 of Schedule 4 was amended by paragraphs 1 and 70 of Schedule 13 to the Localism Act 2011 (c. 20). There are other amendments to paragraph 1 that are not relevant to this Order.

(3)

The definition of “special category land” is in article 30(3).