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Section 169 Arrangements for obtaining specialist adviceI1I2

England and Wales

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

(1)

The Welsh Ministers may at any time direct a planning authority to submit for their approval the arrangements the authority proposes to make for obtaining specialist advice in connection with its relevant functions.

(2)

The authority must submit its proposed arrangements to the Welsh Ministers within the period specified in the direction.

(3)

If the Welsh Ministers are not satisfied with the arrangements that the authority (“authority A”) proposes to make, they may direct authority A and another planning authority specified in the direction (“authority B”)—

(a)

to make an agreement under section 113 of the Local Government Act 1972 (c. 70) to place the services of persons employed by authority B who are qualified to give the specialist advice at the disposal of authority A, or

(b)

to make arrangements for authority B to exercise of any of the relevant functions of authority A.

(4)

A direction under subsection (3)(b) may make provision about the terms of the arrangements.

(5)

Before giving a direction under subsection (3) the Welsh Ministers must consult both planning authorities.

(6)

For the purposes of this section the relevant functions of a planning authority are its functions under or by virtue of—

(a)

sections 83 and 84 (temporary listing of buildings),

(b)

Chapter 2 (grant, modification and revocation of consent) of Part 3,

(c)

Chapter 3 (listed building partnership agreements) of that Part,

(d)

Chapter 4 (enforcement of controls) of that Part,

(e)

section 314A(1) of the Town and Country Planning Act 1990 (c. 8) (planning permission for development affecting listed buildings), and

(f)

sections 158 to 163 of this Act (designation of conservation areas, duties of planning authorities and control of demolition).

Annotations

Commencement

I1

S. 169 not in force at Royal Assent, see s. 212(2)

I2

S. 169 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)

Notes on Part 5

Modifications

C1

Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))