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The Planning Act 2008 (Commencement No. 5 and Saving) Order 2010

S.I. 2010/566 · Made 3 March 2010

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.

Town And Country Planning

Community Infrastructure Levy

Made 3rd March 2010

The Secretary of State, in exercise of the powers conferred by section 241(8) and (10) 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. 2Provision coming into force on 6th April 2010
  3. 3Provisions coming into force on 6th April 2010 in relation to England and Wales
  4. 4Saving
  5. Signature
  6. Schedule Repeals (England and Wales)
  7. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Planning Act 2008 (Commencement No. 5 and Saving) Order 2010.

(2)

In this Order—

  • “the Act” means the Planning Act 2008, and

  • “direction” means a direction under article 4 of the Town and Country Planning (General Permitted Development) Order 1995f1.

2Provision coming into force on 6th April 2010

Section 224(3) of the Act shall come into force on 6th April 2010.

3Provisions coming into force on 6th April 2010 in relation to England and Wales

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, on 6th April 2010—

(a)

section 189;

(b)

section 190(4);

(c)

section 206; and

(d)

section 238 and Schedule 13, so far as they give effect to the repeals specified in the Schedule to this Order.

4Saving

The coming into force of section 189 of the Act shall have no effect in relation to any direction given before 6th April 2010.

Signature

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

Ian Austin

Parliamentary Under Secretary of State

Department for Communities and Local Government

3rd March 2010

Repeals (England and Wales)

ReferenceExtent of repeal
Planning and Compulsory Purchase Act 2004 (c.5)

Section 122(5)(a).

In section 122(6), “(a),”.

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force section 224(3) of the Act (Community Infrastructure Levy: amendments) on 6th April 2010.

Article 3 of this Order brings into force, on 6th April 2010, the following provisions of the Act in relation to England and Wales, so far as they are not already in force—

section 189 (compensation where development order or local development order withdrawn);

section 190(4) of the Act (power to make non-material changes to planning permission – register of applications etc);

section 206 (community infrastructure levy: the charge); and

section 238 and Schedule 13 (repeals as specified in the Schedule to this Order).

Article 4 provides a saving, in relation to the coming into force of section 189, for directions under article 4 of the Town and Country Planning (General Permitted Development) Order 1995, given before 6th April, 2010.