The Urban Development Corporations in England (Planning Functions) Order 1998

S.I. 1998/84 · Made 19 January 1998

URBAN DEVELOPMENT

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

Made 19th January 1998

Laid before Parliament 27th January 1998

Coming into force 25th March 1998

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 148(2) and 149(1), (3) and (11) of the Local Government, Planning and Land Act 1980^f1 and sections 59 and 333(7) of the Town and Country Planning Act 1990^f2, and of all other powers enabling him in that behalf, hereby makes the following Order—

Annotations to the whole text

Footnotes

f1: 1980 c. 65; subsections (1) and (3) of section 149 were amended by Part I of Schedule 1 and paragraph 44(6) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11). Section 149(1) enables the Secretary of State to provide that an urban development corporation shall be the local planning authority for the whole or any portion of its area for such purposes of Part III of the 1990 Act, and in relation to such kinds of development, as may be prescribed; see section 149(13) for the definition of “prescribed”.
f2: 1990 c. 8.

1Citation, commencement and interpretation
2Revocation of planning functions and special development orders
3Transitional provisions in connection with planning functions
4Liability for compensation in connection with planning functions; section 106 planning obligations
Signature
Schedule: Revocation of planning functions and special development orders
1Planning functions orders
2Planning functions orders
3Planning functions orders
4Planning functions orders
5Planning functions orders
6Planning functions orders
7Planning functions orders
8Planning functions orders
9Planning functions orders
10Special development orders
11Special development orders
12Special development orders
13Special development orders
14Special development orders
15Special development orders
16Special development orders
Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Urban Development Corporations in England (Planning Functions) Order 1998 and shall come into force on 25th March 1998.

(2)

In this Order—

“the 1980 Act” means the Local Government, Planning and Land Act 1980;
“the 1990 Act” means the Town and Country Planning Act 1990;
“the authority” means in relation to each Corporation the authority which, but for an order made under section 149 of the 1980 Act, would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;
“Corporation” means any of the following, namely—
1. (a)
  
  the Birmingham Heartlands Development Corporation;
2. (b)
  
  the Black Country Development Corporation;
3. (c)
  
  the Merseyside Development Corporation;
4. (d)
  
  the Plymouth Development Corporation;
5. (e)
  
  the Teesside Development Corporation;
6. (f)
  
  the Trafford Park Development Corporation; and
7. (g)
  
  the Tyne and Wear Development Corporation; and
“development area” in relation to a Corporation means an area for which the Corporation was established, or in relation to which the Corporation was directed by order to perform the functions of an urban development corporation, and which was designated as an urban development area by an order made under section 134 of the 1980 Act^f1.

2Revocation of planning functions and special development orders

The Orders listed in the Schedule to this Order are hereby revoked.

3Transitional provisions in connection with planning functions

Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Corporation in connection with any of the functions transferred to it under an order made under section 149 of the 1980 Act may be continued after that date by, to or in relation to the authority.

4Liability for compensation in connection with planning functions; section 106 planning obligations

(1)

Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act^f1 or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990^f2 in consequence of action taken in relation to land within a development area by a Corporation, that Corporation shall be liable for any compensation which is payable^f3.

(2)

Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act^f4 in respect of a matter arising before that date, which relates to land within a development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.

(3)

A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act^f5 before the date of the coming into force of this Order which identifies the Corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.

Signature

Signed by authority of the Secretary of Statefor the Environment

R. G. Caborn

Minister of State,

Department of the Environment, Transport and the Regions

19th January 1998

(a)

the Birmingham Heartlands Development Corporation;

(b)

the Black Country Development Corporation;

(c)

the Merseyside Development Corporation;

(d)

the Plymouth Development Corporation;

(e)

the Teesside Development Corporation;

(f)

the Trafford Park Development Corporation; and

(g)

the Tyne and Wear Development Corporation.

The Order also makes transitional provisions in connection with the transfer of planning functions from those urban development corporations to local authorities.

The Urban Development Corporations in England (Planning Functions) Order 1998

Annotations to the whole text

Footnotes

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