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Section 134 Urban development areas.C1

England, Wales and Scotland

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

(1)

F1 . . . if the Secretary of State is of opinion that it is expedient in the national interest to do so, he may by order made by statutory instrument designate any area of land as an urban development area.

F2(1A)

Before making an order under subsection (1) in relation to land in England, the Secretary of State must consult the following persons—

(a)

persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the proposed urban development area;

(b)

persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the proposed urban development area;

(c)

each local authority for an area which falls wholly or partly within the proposed urban development area; and

(d)

any other person whom the Secretary of State considers it appropriate to consult.

F3(1C)

An area of land designated as an urban development area in England must include, but need not wholly consist of, an area in an existing town or centre of population.

F4(2)

. . . . . . . . . . . . . . .

(3)

Separate parcels of land may be designated as one urban development area.

F5(3A)

The Secretary of State may by order alter the boundaries of any urban development area so as to exclude any area of land.

(3B)

Before making an order under subsection (3A) above, the Secretary of State shall consult any local authority the whole or any part of whose area is included in the area of land to be excluded by the order.

F6(4)

A statutory instrument containing an order made by the Secretary of State under subsection (1) does not have effect until approved by a resolution of each House of Parliament.

(4A)

If a draft of an instrument containing an order by the Secretary of State under subsection (1) would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(4B)

An order made by the Welsh Ministers under subsection (1) (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales.

(4C)

An order made by the Scottish Ministers under subsection (1) (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

F7(5)

The power to make an order under subsection (3A) above—

(a)

shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)

shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks fit.

Annotations

Textual amendments

F1

Words repealed by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 49(2), Sch. 12 Pts. III, IV

F2

S. 134(1A) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 166(2), 216(1)(e)

F3

S. 134(1C) inserted (18.2.2026) by , ss. 100(5), 118(4) (with s. 116); S.I. 2025/1370, reg. 4(1)(d)

F4

S. 134(2) repealed by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 47, Sch. 12 Pt. III

F5

s. 134(3A)(3B) inserted (11.10.1993) by 1993 c. 28, s. 179(1); S.I. 1993/2134, art.4

F6

S. 134(4)-(4C) substituted for s. 134(4) (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 166(3), 216(1)(e)

F7

S. 134(5) inserted (11.10.1993) by 1993 c. 28, s. 179(3); S.I. 1993/2134, art.4

Modifications

C1

S. 134 modified (26.3.2015) by Deregulation Act 2015 (c. 20), ss. 46, 115(1)(c)

Notes on Part XVI

Modifications

C1

Pt. 16: power to amend conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

C2

Pt. 16 (ss. 134-172) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2

Pt. 16 (ss. 134-172) applied (27.5.1997) by 1997 c. 8, ss. 116(3)(a), 278(2)

C3

Pt. 16 (ss. 134–172) extended (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(xxiv) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C4

Pt. 16 (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35)

C5

Pt. 16 extended by Gas Act 1986 (c. 44, SIF 44), s. 67(1)(3), Sch. 7 para. 2(1)(xxxix), Sch. 8 para. 33

C6

Pt. 16 amended by S.I. 1988/900, art. 2

C7

Pt. 12 (ss. 102–111), Pt. 16 (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35(1))