Local Government, Planning and Land Act 1980

Part III E+W+S Planning

General E+W+S

17 (1) An order designating an enterprise zone [F1 in Scotland] under this Schedule shall (without more) have effect on the effective date to grant planning permission for development specified in the scheme or for development of any class so specified.

(2) The approval of a modified scheme [F2 as respects land in Scotland] under paragraph 11 above shall (without more) have effect on the effective date of modification to grant planning permission for development specified in the modified scheme [F2 as respects land in Scotland] or for development of any class so specified.

(3) Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or (if none are specified) unconditional.

(4) Subject to sub-paragraph (5) below, where planning permission is so granted for any development or class of development, the enterprise zone authority may direct that the permission shall not apply in relation—

(a) to a specified development; or

(b) to a specified class of development; or

(c) to a specified class of development in a specified area within the enterprise zone.

(5) An enterprise zone authority shall not give a direction under sub-paragraph (4) above unless they have submitted it to the Secretary of State and he has notified them that he approves of their giving it.

(6) If the scheme or the modified scheme specifies matter, in relation to any development it permits, which will require approval by the enterprise zone authority, the permission shall have effect accordingly.

(7) Notwithstanding sub-pargraphs (1) to (6) above, planning permission may be granted under F3 the 1972 Act in relation to land in an enterprise zone (whether the permission is granted in pursuance of an application made under F3 Part III of the 1972 Act or by a development order).

(8) Nothing in this Part of this Schedule prejudices the right of any person to carry out development apart from this Part.

Textual Amendments

F1 Words inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(14)(c)(i)

F2 Words inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(14)(c)(ii)

F3 Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Amendments of 1971 Act E+W+S

F4 18 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 14, Sch. 15 paras. 2–15, 17–20, 22, 25–28, Sch. 23 paras. 8–11, Sch. 32 para. 18 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Amendments of 1972 Act E+W+S

19 (1) This paragraph amends the 1972 Act in consequence of paragraph 17 above.

(2) In section 38(3) (exceptions to provisions about limit of duration of planning permission) insert after paragraph (a)—

“(aa) to any planning permission granted by an enterprise zone scheme;”.

(3) In section 51(1) (applications to determine whether planning permission required) after “development of land" insert—

“and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order and of any enterprise zone scheme”.

(4) In section 198(1) (stopping up or diversion of highway) insert after “Part III of this Act" the words “ or by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980 ”.

(5) In section 275(1) (interpretation) insert at the appropriate place in alphabetical order—

““enterprise zone scheme” means a scheme or modified scheme having effect to grantplanning permission by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980;”.

Modifications etc. (not altering text)

C1 The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enterprise zone authority as planning authority E+W+S

(1)

20 F5 (2) Where under paragraph 5(8) above an order designating an enterprise zone provides that the enterprise zone authority shall be the planning authority exercising district planning functions for the zone, then, while the zone subsists, the enterprise zone authority shall be, to the extent mentioned in the order and to the extent that it is not already, the planning authority for the zone in place of any authority which would otherwise be the planning authority for the zone.

Textual Amendments

F5 Sch. 15 para. 23, Sch. 32 paras. 5(7), 15(2)(b)(i), 20(1), 22(2)(a), 23, 26(1A)(a) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Effect on planning permission of modification or termination of scheme E+W+S

[F6 21 Modifications to a scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.]

Textual Amendments

F6 Paras. 21, 22 substituted by Housing and Planning Act 1986 (c. 63, SIF 123:1, 2), s. 54(1)

22 (1) Upon an area ceasing to be an enterprise zone planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.

(2) The following provisions (which provide for the termination of planning permission if the completion of development is unreasonably delayed) apply to planning permission under the scheme where development has been begun but not completed by the time the area ceases to be an enterprise zone—

(a)

F7 (b) in Scotland, subsection (2) to (6) of section 41 of the 1972 Act.

Textual Amendments

F7 Sch. 15 para. 23, Sch. 32 paras. 5(7), 15(2)(b)(i), 20(1), 22(2)(a), 23, 26(1A)(a) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Structure and local plans E+W+S

23F8 E+W+S

Textual Amendments

F8 Sch. 15 para. 23, Sch. 32 paras. 5(7), 15(2)(b)(i), 20(1), 22(2)(a), 23, 26(1A)(a) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Structure and local plans E+W+S

24 (1) As soon as practicable after an order has been made under paragraph 5 above or a notification has been made under paragraph 11 above—

(a) any planning authority exercising regional planning functions for an area in which the enterprise zone is wholly or partly situated shall review any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme; and

(b) any planning authority exercising district planning functions in an area in which the enterprise zone is wholly or partly situated shall review any local plan prepared by it which relates to any land situated in the zone.

(2) A planning authority exercising regional planning functions shall submit to the Secretary of State proposals for any alterations to a structure plan which they consider necessary to take account of the scheme or the modified scheme.

(3) A planning authority exercising district planning functions shall make proposals for any alterations to such a local plan as is mentioned in sub-paragraph (1)(b) above which they consider necessary to take account of the scheme or modified scheme, or for the repeal or replacement of any of those plans whose repeal or replacement they consider necessary for that purpose.

(4) In this paragraph “regional planning functions” and “district planning functions” have the meanings assigned to them by section 172 of the M1 Local Government (Scotland) Act 1973.

(5) This paragraph shall apply only to Scotland.

Marginal Citations

M1 1973 c. 65 (81:2).

Regulations E+W+S

25 (1) The Secretary of State may by regulations made by statutory instrument—

(a) make provision as to the procedure for giving a direction under paragraph 17(4) above;

(b) make provision as to the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in paragraph 17(6) above;

(c) make transitional and supplementary provision in relation to any provision mentioned in paragraph 20 above of an order designating an enterprise zone.

(2) Regulations under sub-paragraph (1) above may modify any planning enactment or may apply any planning enactment (with or without modification) in making any provision mentioned in that sub-paragraph.

Interpretation E+W+S

26 (1) In this part of this Schedule—

• “planning enactment” means any provision of [F9 the 1990 Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990] or of the 1972 Act or of any instrument made under either of them;

• [F10 “the 1990 Act” means the Town and Country Planning Act 1990]

• “the 1972 Act” means the M2 Town and Country Planning (Scotland) Act 1972.

[F11 (1A) The following provisions apply in determining for the purposes of this Schedule when development shall be taken to be begun—

(a)

F12 (b) in Scotland, subsections (1) to (3) of section 40 of the 1972 Act.]

(2) Any expression used in this Part of this Schedule and to which a meaning is assigned—

(a) in relation to England and Wales, by the [F13 1990] Act; or

(b) in relation to Scotland, by the 1972 Act,

has, in relation to England and Wales or, as the case may be, in relation to Scotland, the meaning so assigned to it.

Textual Amendments

F9 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(14)(d)(i)

F10 Definition substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(14)(d)(ii)

F11 Para. 26(1A) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:1, 2), s. 54(2)

F12 Sch. 15 para. 23, Sch. 32 paras. 5(7), 15(2)(b)(i), 20(1), 22(2)(a), 23, 26(1A)(a) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F13 Figure substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(14)(d)(iii)

Marginal Citations

M2 1972 c. 52 (123:2).