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The Planning Act 2008 (Commencement No.4 and Saving) Order 2010

S.I. 2010/101 · Made 25 January 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.

Infrastructure Planning

Made 25th January 2010

The Secretary of State, in exercise of the powers conferred by sections 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. 2Provisions coming into force on 1st March 2010 in relation to England, Wales, Scotland and Northern Ireland
  3. 3Provisions coming into force on 1st March 2010 in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland
  4. 4Provisions coming into force on 1st March 2010 in relation to England and Wales
  5. 5Provisions coming into force on 1st March 2010 in relation to Scotland
  6. 6Saving
  7. Signature
  8. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Planning Act 2008 (Commencement No.4 and Saving) Order 2010.

(2)

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

2Provisions coming into force on 1st March 2010 in relation to England, Wales, Scotland and Northern Ireland

Section 36 of and Schedule 2 to the Act (amendments consequential on development consent regime) shall come into force on 1st March 2010.

3Provisions coming into force on 1st March 2010 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 March 2010—

(a)

section 14(1) (a) to (l) and (2) to (7);

(b)

section 21;

(c)

sections 31 to 35;

(d)

sections 55 and 60 to 119, and Schedules 3 and 4;

(e)

sections 120 to 121 and Schedule 5;

(f)

sections 122 to 132 and section 134;

(g)

sections 135 to 138;

(h)

sections 150 to 152;

(i)

sections 154 to 159;

(j)

sections 160 to 173; and

(k)

section 174.

4Provisions coming into force on 1st March 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 1st March 2010—

(a)

sections 15 to 20;

(b)

sections 22 to 26;

(c)

section 118;

(d)

section 133;

(e)

sections 139 to 149; and

(f)

section 175.

5Provisions coming into force on 1st March 2010 in relation to Scotland

Section 176 (so far as not yet in force) shall come into force, in relation to Scotland, on 1st March 2010.

6Saving

The provisions of the Act brought into force by this Order shall have no effect in relation to an application made before 1st March 2010 for any such consent or authorisation as is mentioned in section 33 of the Act (effect of requirement for development consent on other consent regimes) .

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

25th January 2010

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force, on 1st March 2010, section 36 of and Schedule 2 to the Planning Act 2008 (“the Act”) in relation to the United Kingdom (amendments consequential on the development consent regime).

Article 3 of this Order brings into force, on 1st March 2010, the following provisions of 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—

section 14 (nationally significant infrastructure projects: general) except for section 14(1)(m) to (p) (dams or reservoirs, water resources, waste water treatment plants and hazardous waste );

section 21 (other gas pipelines);

sections 31 to 35 (requirement for development consent);

in Part 6 (deciding applications for orders granting development consent), sections 55 and 60 to 119, and Schedules 3 and 4;

sections 120 to 121 and Schedule 5 (general);

sections 122 to 132 and section 134 (compulsory acquisition);

sections 135 to 138 and sections 150 to 152 (miscellaneous);

sections 154 to 159 (general);

sections 160 to 173 (enforcement); and

section 174 (planning obligations).

Article 4 of this Order brings into force, on 1st March 2010, the following provisions of the Act, in relation to England and Wales, so far as they are not already in force—

sections 15 to 20 (energy: generating stations, electric lines, underground gas storage facilities, LNG facilities, gas reception facilities and gas transporter pipe-lines);

sections 22 to 26 (transport);

section 118 (legal challenges);

section 133 (rights in connection with underground waste storage facilities);

sections 139 to 149 (miscellaneous); and

section 175 (blighted land England and Wales).

Article 5 of this Order brings into force, on 1st March 2010, in relation to Scotland, section 176 of the Act (blighted land: Scotland), so far as it is not already in force.

Article 6 provides a saving in respect of applications for consents or authorisations under existing consent regimes made before 1st March 2010.