OpenLegislation

Section 5 Local development orders: repeal of pre-adoption intervention powersI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Town and Country Planning Act 1990 is amended as follows.

(2)

Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in unadopted local development order for approval or may direct that it be modified) cease to apply in relation to England.

(3)

Accordingly—

(a)

in section 61B(1) (power to call in unadopted order) after “local planning authority” insert “ in Wales, ”, and

(b)

in section 61B(6) (power to direct that unadopted order be modified) after “local development order” insert “ being prepared by a local planning authority in Wales ”.

(4)

In section 61B, after subsection (7) insert—

“(7A)

Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.”

(5)

In paragraph 1 of Schedule 4A (power to specify procedure for preparing local development orders) after sub-paragraph (2) insert—

“(2A)

Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “ adoption, post-adoption submission, ”.”

(6)

In Schedule 4A omit—

(a)

paragraph 4 (information about local development orders to be included in English planning authorities' monitoring reports under section 35 of the Planning and Compulsory Purchase Act 2004), and

(b)

in paragraph 1(3), the words “35 or”.

Annotations

Commencement

I1

S. 5 in force at 9.12.2013 by S.I. 2013/2878, art. 2 (with art. 3)