Local Government, Planning and Land Act 1980

Section 149.

SCHEDULE 30 Planning Functions of Urban Development Corporations—Scotland

PART I Enactments Referred to in Section 149(8)(a)

• Section 53 (control of works for demolition, alteration or extension of listed buildings).

• Section 56 (building preservation notice in respect of building not listed).

• Section 57 (planning permission to include appropriate provision for preservation and planting of trees).

• Section 58 (tree preservation orders).

• Section 59 (provisional tree preservation orders).

• Section 59A (trees in conservation areas).

• Section 60 (replacement of trees).

• Section 61 (control of advertisements).

• Section 63 (proper maintenance of waste land).

• Section 84 (power to serve enforcement notice).

• Section 87 (stop notices).

• Section 88 (execution and cost of works required by enforcement notice).

• Section 92 (power to serve listed building enforcement notice).

• Section 95 (execution and cost of works required by listed building enforcement notice).

• Section 97 (urgent works for preservation of certain unoccupied buildings).

• Section 99 (enforcement of duties as to replacement of trees).

• Section 101 (enforcement of control as to advertisements).

• Section 104 (compulsory acquisition of listed buildings in need of repair).

• Section 105 (repairs notice as preliminary to compulsory acquisition under s. 104).

• Section 107 (minimum compensation in case of listed building deliberately left derelict).

• Section 116 (management etc. of listed buildings. acquired by local authority or Secretary of State).

• Section 257 (application to local planning authorities of provisions as to listed buildings).

• Section 262 (designation of conservation area).

• Section 262A (control of demolition in conservation area).

• Section 262B (formulation and publication of proposals for preservation and enhancement of conservation area).

• Schedule 10 (control of works for demolition, alteration or extension of listed buildings).

PART II Enactments Referred to in Section 149(8)(b)

An order made by virtue of section 149(7)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation's area: —

1 Section 170 (action by planning authority on whom purchase notice is served) shall have effect as if—

(a) after " undertakers ", there were inserted

(i) in paragraph (b) of subsection (i), "or an urban development corporation ";

(ii) in paragraph (c) of that subsection, " or any urban development corporation " ; and

(iii) in subsection (2) " or urban development corporation "; and

(b) at the end of subsection (5), there were added " or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980, and " urban development corporation" means a corporation established by an order under section 135 of that Act".

2 Section 171 (procedure on reference of purchase notice to Secretary of State) shall have effect as if—

(a) in subsection (2)(c)—

(i) after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii) after that word, in the second place where is occurs, there were inserted " or that corporation " ; and

(b) there were added after subsection (4): —

“(5) In subsections (3) and (4) of this section any reference to persons, authorities or statutory undertakers includes a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

3 Section 172 (action by Secretary of State in relation to purchase notice) shall have effect as if—

(a) after " undertakers", in the first place where it occurs in subsection (4), there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 " ; and

(b) after that word in the second place where it occurs in that subsection there were inserted " or that corporation ".

4 Section 175 (effect of Secretary of State's action in relation to purchase notice) shall have effect as if—

(a) in subsection (1)—

(i) after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii) after that word in the second place where it occurs, there were inserted " or that corporation " ; and

(b) the following subsection were inserted after that subsection : —

“(1A) In subsection (1) of this section ' urban development corporation' means an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980”.

5 Section 201 (order extinguishing right to use vehicles on highway) shall have effect as if in subsection (9)—

(a) after " councils" there were inserted " and in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act, " ; and

(b) after " that authority" there were inserted " or do not themselves exercise these functions ".

6 Section 202 (provision of amenity for highway reserved to pedestrians) shall have effect as if in subsection (5)—

(a) after " councils" there were inserted " and in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act, " ; and

(b) after " that authority " there were inserted " or do not themselves exercise those functions ".

7 Section 203 (extinguishment of public rights of way over land held for planning purposes) shall have effect as if—

(a) in subsection (1), for " Where " there were substituted " Subject to subsection (1A) of this section, where " ; and

(b) the following subsection were inserted after that subsection : —

“(1A) Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area—

(a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provisions of an alternative right of way is not required ;

(b) subject to section 206 of this Act, the urban development corporation may by order extinguish any such right over the land, being a footpath or bridleway, if they are satisfied as aforesaid.”; and

(c) at the end of subsection (2) there were added " and any reference to an urban development corporation is a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980. ".

8 Section 270 (power to require information as to interests in land) shall have effect as if in subsection (1) after the words " local authority ", there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 ".

9 Schedule 17 (proceedings on listed building purchase notice) shall have effect as if—

(a) in paragraph 1—

(i) in sub-paragraph (1)(b), after " undertakers " there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 ";

(ii) in sub-paragraph (1)(c), after " undertakers" there were inserted " or an urban development corporation ";

(iii) in sub-paragraph (2), after " undertakers", there were inserted " or corporation ";

(b) in paragraph 2(7), after " undertakers " there were inserted " or an urban development corporation " ; and

(c) in paragraph 3(1)—

(i) after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii) after that word, in the second place where it occurs, there were inserted " or that corporation ".