Local Government, Planning and Land Act 1980

PART III Planning

General

17 (1) An order designating an enterprise zone 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 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 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 matters, 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-paragraphs (1) to (6) above, planning permission may be granted under the 1971 Act or the 1972 Act in relation to land in an enterprise zone (whether the permission is granted in pursuance of an application made under Part III of the 1971 Act or 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.

Amendments of 1971 Act

18 (1) This paragraph amends the 1971 Act in consequence of paragraph 17 above.

(2) In section 41(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 53(1) (application to determine whether planning permission required, having regard to development order) after " development order " insert " and of any enterprise zone scheme ".

(4) In section 209(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 290(1) (interpretation) insert at the appropriate place in alphabetical order—

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

Amendments of 1972 Act

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 the 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 grant planning permission by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980;”.

Enterprise zone authority as planning authority

20 (1) Where under paragraph 5(7) above an order designating an enterprise zone provides that the enterprise zone authority shall be the local planning authority 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 local planning authority for the zone in place of any authority which would otherwise be the local planning authority for the zone.

(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.

Saving where scheme is modified

21 Nothing in a modified scheme shall prevent the carrying on of operations started before the effective date of modification in accordance with the scheme as it had effect before that date.

Termination of enterprise zone

22 (1) This paragraph has effect where an area ceases to be an enterprise zone, and in this paragraph a reference to the termination date is to the date when the area so ceases.

(2) The scheme does not authorise the carrying out of operations after the termination date, even if they started to be carried out before that date in accordance with the scheme.

Structure and local plans

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

(a) any county planning authority 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 local planning authority for 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 in the zone.

(2) A county planning authority 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) Where an enterprise zone is wholly or partly situated in Greater London, sub-paragraphs (1) and (2) above shall have effect as if the references to the county planning authority were references to the Greater London Council and the references to the structure plan were accordingly references to the Greater London development plan.

(4) A local planning authority shall make proposals for any alterations to such a local plan as is mentioned in sub-paragraph (1)(6) above which they consider necessary to take account of the scheme or the modified scheme, or for the repeal or replacement of any of those plans whose repeal or replacement they consider necessary for that purpose.

(5) This paragraph shall apply only to England and Wales.

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 [1973 c. 65.] Local Government (Scotland) Act 1973.

(5) This paragraph shall apply only to Scotland.

Regulations

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

26 (1) In this Part of this Schedule—

• " planning enactment " means any provision of the 1971 Act or of the 1972 Act or of any instrument made under either of them ;

• " the 1971 Act " means the [1971 c. 78.] Town and Country Planning Act 1971 ;

• " the 1972 Act " means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

(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 1971 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.