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The Planning and Compulsory Purchase Act 2004 (Commencement No.5 and Savings) Order 2005

S.I. 2005/2081 · Made 25 July 2005

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

Made 25th July 2005

The Secretary of State, in exercise of the powers conferred on him by section 121(1) and (2) and section 122(3) of the Planning and Compulsory Purchase Act 2004f1, and after consultationf2 with the National Assembly for Wales, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 5

f2

As to consultation with the National Assembly for Wales, see section 121(2).

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 24th August 2005 in relation to England
  3. 3Provisions coming into force on 24th August 2005
  4. 4Savings
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 5 and Savings) Order 2005.

(2)

In this Order—

  • “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

  • “the 1990 Act” means the Town and Country Planning Act 1990f1; and

  • “the listed buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990f2.

2Provisions coming into force on 24th August 2005 in relation to England

Subject to article 4, the following provisions of the 2004 Act shall come into force in relation to England on 24th August 2005—

(a)

section 43 except—

(i)

in so far as the substitution made by subsection (1) relates to section 70B of the 1990 Act;

(ii)

subsection (2);

(iii)

in so far as the substitution made by section (3) relates to section 81B of the listed buildings Act; and

(iv)

in so far as the substitution made by subsection (4)(b) relates to that section;

(b)

section 44;

(c)

section 51; and

(d)

to the extent to which they are not already in force—

(i)

section 54; and

(ii)

paragraph 16(4) of Schedule 6.

3Provisions coming into force on 24th August 2005

To the extent to which it is not already in force, section 116 of the 2004 Act shall come into force on 24th August 2005.

4Savings

(1)

Section 44 shall have no effect in relation to an application for planning permission, or an application for approval by a local planning authority required under a development order, received by a local planning authority before 24th August 2005.

(2)

During the period of one year beginning on 24th August 2005, section 51(3) and (5) shall have no effect in relation to an application to change, vary or discharge a condition subject to which a previous planning permission or listed building consent was granted before that date.

(3)

The duty in section 54(4) to give a substantive response to any consultation mentioned in subsection (2) of that section shall have no effect in relation to an application for permission, approval or consent under or by virtue of the planning Acts received by a local planning authority before 24th August 2005.

(4)

Paragraph 16(4) of Schedule 6 shall have no effect in relation to an application for planning permission received by a local planning authority before 24th August 2005.

Signature

Signed by the authority of the First Secretary of State

Yvette Cooper

Minister of State Office of the Deputy Prime Minister

25th July 2005

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force on 24th August 2005, in relation to England, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”)—

  • Section 43 (power to decline to determine applications) to the extent to which it relates to the power to decline to determine subsequent applications but not to the extent to which it relates to the power to decline to determine overlapping applications);

  • Section 44 (major infrastructure projects);

  • Section 51 (duration of permission and consent);

  • Section 54 (duty to respond to consultation); and

  • Paragraph 16 (4) of Schedule 6 which substitutes paragraph 7 of Schedule 1 to the Town and Country Planning Act 1990 (consultation requirements).

Article 3 of this Order brings into force section 116 (Isles of Scilly) of the Act.

Article 4 of this Order makes savings for the purposes of the provisions contained in sections 44, 51 and 54 of, and paragraph 16(4) of Schedule 6 to, the Act.