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The Planning Act 2008 (Commencement No. 2) Order 2009

S.I. 2009/2260 · Made 1 September 2009

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.

Infrastructure Planning

Town And Country Planning

Made 1st September 2009

The Secretary of State, in exercise of the powers conferred by section 241(3) and (8) of the Planning Act 2008f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c. 29.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 1st October 2009 in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland
  3. 3Provision coming into force on 1st October 2009 in relation to England and Wales
  4. 4Provision coming into force on 1st October 2009 in relation to England
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Planning Act 2008 (Commencement No. 2) Order 2009.

(2)

In this Order “the Act” means the Planning Act 2008.

2Provisions coming into force on 1st October 2009 in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland

The following provisions of the Act (so far as they are not yet in force) shall come into force, in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland, on 1st October 2009—

(a)

sections 1 to 4 and Schedule 1;

(b)

sections 37 to 54; and

(c)

sections 56 to 59.

3Provision coming into force on 1st October 2009 in relation to England and Wales

Subsections (1) to (3), (5) and (6) of section 190 of the Act shall come into force, in relation to England and Wales, on 1st October 2009.

4Provision coming into force on 1st October 2009 in relation to England

Section 200 of the Act shall come into force, in relation to England, on 1st October 2009.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Bill McKenzie

Parliamentary Under Secretary of State

Department for Communities and Local Government

1st September 2009

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force, on 1st October 2009, the following provisions of the Planning Act 2008 (“the Act”), in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland, so far as they are not already in force —

sections 1 to 4 and Schedule 1 (the Infrastructure Planning Commission).

sections 37 to 40 (applications);

sections 41 to 50 (pre-application procedures);

sections 51 to 54 (assistance for applicants and others); and

sections 56 to 59 (handling of applications by Commission).

Article 3 of this Order brings into force, on 1st October 2009, in relation to England and Wales, subsections (1) to (3), (5) and (6) of section 190 of the Act (power to make non-material changes to planning permission).

Article 4 of this Order brings into force, on 1st October 2009, in relation to England, section 200 of the Act (fees for appeals).