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The Leeds Development Corporation (Planning Functions) Order 1995

S.I. 1995/389 · Made 15 February 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

URBAN DEVELOPMENT

Made 15th February 1995

Laid before Parliament 24th February 1995

Coming into force 30th March 1995

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 1980f1 and sections 59 and 333(4) and (7) of the Town and Country Planning Act 1990f2, and of all other powers enabling him in that behalf hereby makes the following Order—

Annotations to the whole text

Footnotes

f1

1980 c. 65; subsections (1) and (3) of section 149 were amended, respectively, by Part I of Schedule 1 and paragraph 44(6) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).

f2

1990 c. 8.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Revocation of the 1988 and 1989 Orders
  3. 3Transitional provisions in connection with planning functions
  4. 4Liability for compensation in connection with planning functions; section 106 agreements
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Leeds Development Corporation (Planning Functions) Order 1995 and shall come into force on 30th March 1995.

(2)

In this Order—

  • “the authority” means the council of the city of Leeds;

  • “the development area” means the area designated as an urban development area by the Leeds Development Corporation (Area and Constitution) Order 1988f1;

  • “the development corporation” means the Leeds Development Corporation; and

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

2Revocation of the 1988 and 1989 Orders

The Leeds Development Corporation (Planning Functions) Order 1988f1 and the Town and Country Planning (Leeds Urban Development Area) Special Development Order 1989f2 are hereby revoked.

3Transitional provisions in connection with planning functions

Anything which before the coming into force of this Order had been done or was in the process of being done by, to or in relation to the development corporation in connection with any of the functions transferred to it under article 3 of the Leeds Development Corporation (Planning Functions) Order 1988 may be continued or done after that date by the authority.

4Liability for compensation in connection with planning functions; section 106 agreements

(1)

Where a right to compensation arises under section 107f1, 108f2, 115, 186f3, 203 or 204 of the 1990 Act or sections 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the development area by the development corporation, the Secretary of State shall be liable for any compensation which is payable.

(2)

Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100f4, 104, 185f5 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before this Order comes into force, which relates to land within the 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 106f6 of the 1990 Act before the coming into force of this Order which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.

Signature

Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State,

Department of the Environment

15th February 1995

Explanatory note

(This note is not part of the Order)

This Order revokes the Leeds Development Corporation (Planning Functions) Order 1988 and the Town and Country Planning (Leeds Urban Development Area) Special Development Order 1989 and makes transitional provisions in connection with the transfer of planning functions from the Leeds Development Corporation to Leeds City Council.