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The Planning and Compulsory Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings) Order 2005

S.I. 2005/2847 · Made 12 October 2005

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TOWN AND COUNTRY PLANNING, WALES

Made 12th October 2005

The First Secretary of State, in exercise of the powers conferred upon 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, 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 15th October 2005 in relation to Wales
  3. 3Transitional provisions and savings
  4. Signature
  5. Schedule 1REPEALS
  6. Schedule 2SAVINGS
  7. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions 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.

2Provisions coming into force on 15th October 2005 in relation to Wales

Subject to article 3, the following provisions of the 2004 Act shall come into force in relation to Wales on 15th October 2005—

(a)

section 38;

(b)

section 39;

(c)

section 113;

(d)

section 114;

(e)

in Schedule 6, paragraphs 1, 8 to 13, 15, 17, 18 and 19 (so far as it is not yet in force), 21, 22 and 25;

(f)

in Schedule 7, paragraphs 2, 3, 11(1) to (3), 16, 17, 19(2) (so far as it is not yet in force) and 23; and

(g)

Schedule 9, so far as it gives effect to the repeals specified in Schedule 1 to this Order.

3Transitional provisions and savings

(1)

During the transitional period a reference in an enactment mentioned in section 38(7) of the 2004 Act to the development plan for an area in Wales is a reference to the development plan for that area for the purposes of section 27A of the 1990 Actf1.

(2)

The transitional period is the period starting on 15th October 2005 and ending for each area on the date that a local development plan is adopted or approved for that area.

(3)

The provisions set out in Schedule 2 to this Order shall continue to have effect on and after 15th October 2005 for the purposes of the transitional arrangements contained in articles 5 and 7 of the Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential and Transitional Provisions)(Wales) Order 2005f2 as if those provisions had not been amended or repealed by the 2004 Act.

Signature

Signed by the authority of the First Secretary of State

Yvette Cooper

Minister or Housing and Planning

Office of the Deputy Prime Minister

12th October 2005

Schedule 1REPEALS

Repeals
Town and Country Planning Act 1990 (c. 8)
Part 2
Section 284(1), paragraph (a)
Section 287, in subsection (5), paragraph (a) and in each of paragraphs (b) to (e) the words “by virtue of subsection (3)” and subsection (6)
Section 303(6)
Section 303A to the extent set out in Schedule 9 to the 2004 Act
Schedule 2, Part 3
Schedule 13, paragraphs 1 to 4
Planning and Compensation Act 1991 (c. 34)
Schedule 4, Part 3
Local Government Act 1992 (c. 19)
Section 14(5), paragraph (d)
Environment Act 1995 (c. 25)
Section 67, subsections (2) to (4)
Countryside and Rights of Way Act 2000 (c. 37)
In section 86(4) “II”.

Schedule 2SAVINGS

Savings
Town and Country Planning Act 1990 (c. 8)
Part 2
Section 284
Section 287
Section 296(1)(a)
Section 303A.

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force on 15th October 2005, in relation to Wales, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”)–

  • Section 38 (development plan);

  • Section 39 (sustainable development));

  • Section 113 (validity of strategies, plans and documents);

  • Section 114 (examinations);

  • Schedule 6, paragraphs 1, 8 to 13, 15, 17, 18, 19 (so far as it is not yet in force), 21, 22 and 25 (amendments of the planning Acts);

  • Schedule 7, paragraphs 2, 3, 11(1) to (3), 16, 17, 19(2) (so far as it is not yet in force) and 23 (amendments of other enactments); and

  • Schedule 9, so far as it gives effect to the repeals specified in Schedule 1 to this Order.

This Order is connected with the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential and Transitional Provisions) (Wales) Order 2005 which brings the remaining provisions of Part 6 of the Act into force. Part 6 of the Act applies only in relation to Wales and establishes a system of local development plans in place of unitary development plans required under Chapter 1 of Part 2 of the Town and Country Planning Act 1990.

Article 3 of this Order makes a transitional provision and the savings specified in Schedule 2 to this Order for the purposes of the transitional provisions contained in the Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential and Transitional Provisions)(Wales) Order 2005 .