Local Government, Planning and Land Act 1980 (c. 65)

SCHEDULES

SCHEDULE 30 E+W+S Planning Functions of Urban Development Corporations–Scotland

Part II E+W+S 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 it 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 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 are by an order under section 135 of that Act,"; and

(b) after “the 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".

Yn ddilys o 27/05/1997

F1 10 E+W+S Section 29 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 shall have effect as if—

(a) in subsection (1)(b) and (c), after “undertakers" there were inserted “or an urban development corporation"; and

(b) in subsection (3), after “undertakers" there were inserted “or corporation".

Textual Amendments

F1 Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

Yn ddilys o 27/05/1997

F2 11 E+W+S Section 30 of that Act shall have effect as if—

(a) in subsection (2)(c), after “undertakers" there were inserted “or an urban development corporation"; and

(b) in each of subsections (3), (4) and (5), after “undertakers" there were inserted “or corporation".

Textual Amendments

F2 Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

Yn ddilys o 27/05/1997

F3 12 E+W+S Section 31(6) of that Act shall have effect as if after “undertakers" there were inserted “or an urban development corporation".

Textual Amendments

F3 Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

Yn ddilys o 27/05/1997

F4 13 E+W+S Section 32(4) of that Act shall have effect as if after “undertakers" in the first and second places where it occurs there were inserted respectively “or an urban development corporation" and “or that corporation".

Textual Amendments

F4 Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

Yn ddilys o 27/05/1997

[F5 14 E+W+S Section 81(2) of that Act shall have effect as if “urban development corporation" were inserted in the appropriate place.]

Textual Amendments

F5 Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)