OpenLegislation

The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006

S.I. 2006/1281 · Made 10 May 2006

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 10th May 2006

Laid before Parliament 17th May 2006

Coming into force 7th June 2006

The Secretary of State, in exercise of the powers conferred by sections 121 and 122 of the Planning and Compulsory Purchase Act 2004f1 with the agreement of the Scottish Ministersf2 and after consultation with the National Assembly for Walesf3, makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 5

f2

As to the agreement of the Scottish Ministers, see section 121(3).

f3

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

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 7th June 2006 in relation to England and Wales
  3. 3Provision coming into force on 7th June 2006 in relation to England, Scotland and Wales
  4. 4Provisions coming into force on 7th June 2006 in relation to Scotland
  5. 5Consequential Provisions
  6. 6Consequential Provisions
  7. 7Consequential Provisions
  8. 8Consequential Provisions
  9. 9Consequential Provisions
  10. 10Consequential Provisions
  11. Signature
  12. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006.

(2)

In this Order—

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

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

2Provisions coming into force on 7th June 2006 in relation to England and Wales

The following provisions of the 2004 Act shall come into force in relation to England and Wales on 7th June 2006—

(a)

sections 79 to 89 (in so far as they are not yet in force);

(b)

section 112;

(c)

Schedule 3 (in so far as it is not yet in force);

(d)

Schedule 4;

(e)

Schedule 6, paragraph 2; and

(f)

Schedule 9 so far as it gives effect to the following repeals—

(i)

the word “local” in section 55(2)(b) of the 1990 Act;

(ii)

sections 293(4), 294 to 297, 298(1) and (2) and 299 to 301 of the 1990 Act;

(iii)

sections 83 and 84 of the Planning (Listed Buildings and Conservation Areas) Act 1990f1;

(iv)

the omission of “83, 84,” in section 92(2)(a) of that Act; and

(v)

sections 31(1) and (2) and 32 of the Planning (Hazardous Substances) Act 1990f2.

3Provision coming into force on 7th June 2006 in relation to England, Scotland and Wales

Section 111(1) of the 2004 Act shall come into force in relation to England, Scotland and Wales on 7th June 2006.

4Provisions coming into force on 7th June 2006 in relation to Scotland

Section 91 (in so far as it is not yet in force) shall come into force in relation to Scotland on 7th June 2006.

5Consequential Provisions

In the 1990 Act—

(a)

in section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order)f1 in subsection (1)—

(i)

in paragraph (b) after “on an application made under Part III” insert “or section 293A”f2; and

(ii)

in sub-paragraph (i) of that paragraph after “under Part III” insert “or section 293A”;

(b)

in section 247 (highways affected by development orders by Secretary of State)f3 in subsections (1)(a) and (2A)(a)f4 after “under Part III” insert “or section 293A”;

(c)

in section 257(1)(a) (footpaths and bridleways affected by development: orders by other authorities) after “under Part III” insert “or section 293A”;and

(d)

in section 336(1)(interpretation) in the definitions of “planning decision” and “planning permission” after “under Part III” insert “or section 293A”.

6Consequential Provisions

In the Planning (Listed Buildings and Conservation Areas) Act 1990 in section 74(3)(Control of demolition in conservation areas) for “83(1)(b), (3) and (4)” substitute “82A to 82D”.

7Consequential Provisions

In the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992f1 in regulation 2 (application) omit “or section 299A”.

8Consequential Provisions

In the Town and Country Planning (General Development Procedure) Order 1995f1—

(a)

in article 6 (notice of applications for planning permission) omit paragraph (7); and

(b)

in article 24 (certificate of lawful use or development) in paragraph (2A)f2 omit “, by virtue of section 299(2) of the Act,” in both places where they occur.

9Consequential Provisions

In the Visiting Forces and International Headquarters (Application of Law) Order 1999f1, in article 11(1), for “section 83(5)” substitute “section 82C”f2.

10Consequential Provisions

In the Town and Country Planning (Trees) Regulations 1999f1 in the form of tree preservation order set out in the Schedule—

(a)

in article 4 (prohibited acts in relation to trees) for “subsection (3) of section 200 (orders affecting land where Forestry Commissioners interested)” substitute “subsection (1) of section 200f2 (tree preservation orders: Forestry Commissioners)”; and

(b)

omit article 11 (orders made by virtue of section 300).

Signature

Signed by authority of the Secretary of State

Kay Andrews

Parliamentary Under Secretary of State

Department for Communities and Local Government

10th May 2006

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force on 7th June 2006, in relation to England and Wales, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”)—

  • sections 79 to 89 (Crown application of planning Acts)(in so far as they are not yet in force);

  • section 112 (application of planning Acts and the Act to Parliament);

  • Schedule 3 (Crown application of planning Acts)(in so far as it is not yet in force);

  • Schedule 4 (transitional provisions: Crown Application);

  • Paragraph 2 of Schedule 6 (amendment of section 55(2)(b) of the Town and Country Planning Act 1990 (“the 1990 Act”)); and

  • Schedule 9 (repeals) so far as it gives effect to the following repeals—

    1. (i)

      the word “local” in section 55(2)(b) of the 1990 Act;

    2. (ii)

      sections 293(4), 294 to 297, 298(1) and (2) and 299 to 301 of the 1990 Act;

    3. (iii)

      sections 83 and 84 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the consequential repeal in section 92(2)(a) of the Planning (Listed Buildings and Conservation Areas) Act 1990; and

    4. (iv)

      sections 31(1) and (2) and 32 of the Planning (Hazardous Substances) Act 1990.

Article 3 brings into force on 7th June 2006, in relation to England, Scotland and Wales, section 111(1) of the Act (application of the Act to the Crown).

Article 4 brings into force on 7th June 2006, in relation to Scotland, section 91 of the Act (special provision for certain circumstances where disclosure of information as to national security may occur: Scotland)(in so far as it is not yet in force).

Articles 5 to 10 contain consequential provisions so that references to decisions made or permission granted under Part III of the 1990 Act also include decisions made and planning permission granted under section 293A of that Act. Section 293A of the 1990 Act (urgent Crown development: application) was inserted by section 82 of the Act.