Town and Country Planning Act 1990

Section 149.

SCHEDULE 13 E+W Blighted Land

Land allocated for public authority functions in development plans etc. E+W

1 Land indicated in a structure plan in force for the district in which it is situated either—

(a) as land which may be required for the purposes—

(i) of the functions of a government department, local authority or statutory undertakers, or of the British Coal Corporation, or

(ii) of the establishment or running by a public telecommunications operator of a telecommunication system, or

(b) as land which may be included in an action area.

Notes

(1) In this paragraph the reference to a structure plan in force includes a reference to—

(a) proposals for the alteration or repeal and replacement of a structure plan which have been submitted to the Secretary of State under section 32;

(b) modifications proposed to be made by the Secretary of State in any such plan or proposals, being modifications of which he has given notice in accordance with regulations under Part II.

(2) Note (1) shall cease to apply when the copies of the proposals made available for inspection have been withdrawn under section 33(9) or 34 (but section 34(2) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the proposals).

(3) Note (1) shall also cease to apply when—

(a) the relevant proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject the proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 51.

(5) This paragraph does not apply to land situated in a district for which a local plan is in force, where that plan—

(a) allocates any land in the district for the purposes of such functions as are mentioned in this paragraph; or

(b) defines any land in the district as the site of proposed development for the purposes of any such functions.

(6) This paragraph does not apply to land within paragraph 5 or 6.

(7) In the application of this paragraph to Greater London the reference to a structure plan shall be construed as a reference to the Greater London Development Plan and all references to alteration and repeal and replacement shall be omitted.

Yn ddilys o 28/09/2004

[F1 1A E+W Land which is identified for the purposes of relevant public functions by a development plan document for the area in which the land is situated.

Notes

(1) Relevant public functions are—

(a) the functions of a government department, local authority, National Park authority or statutory undertakers;

(b) the establishment or running by a public telecommunications operator of a telecommunication system.

(2) For the purposes of this paragraph a development plan document is—

(a) a development plan document which is adopted or approved for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (in this paragraph, the 2004 Act);

(b) a revision of such a document in pursuance of section 26 of the 2004 Act which is adopted or approved for the purposes of Part 2 of the 2004 Act;

(c) a development plan document which has been submitted to the Secretary of State for independent examination under section 20(1) of the 2004 Act;

(d) a revision of a development plan document in pursuance of section 26 of the 2004 Act if the document has been submitted to the Secretary of State for independent examination under section 20(1) of that Act.

(3) But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.

(4) In Note (2)(c) and (d) the submission of a development plan document to the Secretary of State for independent examination is to be taken to include the holding of an independent examination by the Secretary of State under section 21 or section 27 of the 2004 Act.]

Textual Amendments

F1 Sch. 13 para. 1A inserted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(3) (with s. 111); S.I. 2004/2202, art. 2 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 (with transitional provisions and savings in art. 3)

Yn ddilys o 05/10/2005

[F2 1B E+W Land in Wales which is identified for the purposes of relevant public functions by a local development plan for the area in which the land is situated.

Notes

(1) Relevant public functions are—

(a) the functions of the National Assembly for Wales, a government department, local authority, National Park authority or statutory undertakers;

(b) the establishment or running by a public telecommunications operator of a telecommunications system.

(2) For the purposes of this paragraph a local development plan is—

(a) a local development plan which is adopted or approved for the purposes of Part 6 of the Planning and Compulsory Act 2004 (in this paragraph, the 2004 Act);

(b) a revision of a local development plan in pursuance of section 70 of the 2004 Act which is adopted or approved for purposes of Part 6 of the 2004 Act;

(c) a local development plan which has been submitted to the National Assembly for independent examination under section 64(1) of the 2004 Act;

(d) a revision of a local development plan in pursuance of section 70 of the 2004 Act if the plan has been submitted to the National Assembly for independent examination under section 64(1) of that Act.

(3) But Note (2)(c) and (d) does not apply if the plan is withdrawn under section 66 of the 2004 Act at any time after it has been submitted for independent examination.

(4) In Note (2)(c) and (d) the submission of a local development plan to the National Assembly for independent examination is to be taken to include the holding of an independent examination by the National Assembly under section 65 or section 71 of the 2004 Act.]

Textual Amendments

F2 Sch. 13 para. 1B inserted (5.10.2005) by Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(3) (with art. 7)

2 Land which—

(a) is allocated for the purposes of any such functions as are mentioned in paragraph 1(a)(i) or (ii) by a local plan in force for the district, or

(b) is land defined in such a plan as the site of proposed development for the purposes of any such functions.

Notes

(1) In this paragraph the reference to a local plan in force includes a reference to—

(a) a local plan of which copies have been made available for inspection under section 39(5);

(b) proposals for the alteration or repeal and replacement of a local plan of which copies have been made available for inspection under section 39(5) or 40(2);

(c) modifications proposed to be made by the local planning authority or the Secretary of State in any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given by the authority or the Secretary of State in accordance with regulations under Part II.

(2) Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 41(4).

(3) Note (1) shall also cease to apply when—

(a) the relevant plan or proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject, or the local planning authority decide to abandon, the plan or proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 51.

(5) In the application of this paragraph to Greater London—

(a) in Note (1) for the reference in paragraph (a) to section 39(5) there shall be substituted a reference to paragraph 8(2) of Part II of Schedule 2 and for the reference in paragraph (b) to that section there shall be substituted a reference to that paragraph as applied by paragraph 12 of that Part;

(b) in Note (2) for the reference to section 41(4) there shall be substituted a reference to paragraph 11(2) of that Part.

3 Land indicated in a unitary development plan in force for the district in which it is situated—

(a) as land which may be required for the purpose of any such functions as are mentioned in paragraph 1(a)(i) or (ii), or

(b) as land which may be included in an action area.

Notes

(1) In this paragraph the reference to a unitary development plan includes references to—

(a) a unitary development plan of which copies have been made available for inspection under section 13(3);

(b) proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) or under section 22;

(c) modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

(2) Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 13(7) or 14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

(3) Note (1) shall also cease to apply when—

(a) the relevant plan or proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

4 Land which by a unitary development plan is allocated for the purposes, or defined as the site, of proposed development for any such functions as are mentioned in paragraph 1(a)(i) or (ii).

Notes

(1) In this paragraph the reference to a unitary development plan includes references to—

(a) a unitary development plan of which copies have been made available for inspection under section 13(3):

(b) proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) or under section 22;

(c) modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

(2) Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 13(7) or 14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

(3) Note (1) shall also cease to apply when—

(a) the relevant plan or proposals become operative (whether in their original form or with modifications), or

(b) the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

(4) In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

5 Land indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers.

6 Land in respect of which a local planning authority—

(a) have resolved to take action to safeguard it for development for the purposes of any such functions as are mentioned in paragraph 5, or

(b) have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.

New towns and urban development areas E+W

7 E+W Land within an area described as the site of a proposed new town in the draft of an order in respect of which a notice has been published under paragraph 2 of Schedule 1 to the M1 New Towns Act 1981.

Note

Land shall cease to be within this paragraph when—

(a)

the order comes into operation (whether in the form of the draft or with modifications), or

(b)

the Secretary of State decides not to make the order.

Marginal Citations

M1 1981 c. 64

8 E+W Land within an area designated as the site of a proposed new town by an order which has come into operation under section 1 of the New Towns Act 1981.

9 E+W Land which is—

(a) within an area intended to be designated as an urban development area by an order which has been made under section 134 of the M2 Local Government, Planning and Land Act 1980 but has not come into effect; or

(b) within an area which has been so designated by an order under that section which has come into effect.

Marginal Citations

M2 1980 c. 65.

Clearance and renewal areas E+W

10 E+W Land within an area declared to be a clearance area by a resolution under section 289 of the M3 Housing Act 1985.

Marginal Citations

M3 1985 c. 68.

11 E+W Land which—

(a) is surrounded by or adjoining an area declared to be a clearance area by a resolution under section 289 of the M4 Housing Act 1985, and

(b) is land which a local authority have determined to purchase under section 290 of that Act.

Marginal Citations

M4 1985 c. 68.

12 E+W Land indicated by information published in pursuance of section 92 of the M5 Local Government and Housing Act 1989 as land which a local authority propose to acquire in exercise of their powers under Part VII of that Act (renewal areas).

Marginal Citations

M5 1989 c. 42.

Highways E+W

13 Land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in paragraphs 1, 2, 3 and 4) as—

(a) land on which a highway is proposed to be constructed, or

(b) land to be included in a highway as proposed to be improved or altered.

14 E+W Land on or adjacent to the line of a highway proposed to be constructed, improved or altered, as indicated in an order or scheme which has come into operation under Part II of the M6 Highways Act 1980 (or under the corresponding provisions of Part II of the M7 Highways Act 1959 or section 1 of the M8 Highways Act 1971), being land in relation to which a power of compulsory acquisition conferred by any of the provisions of Part XII of that Act of 1980 (including a power compulsorily to acquire any right by virtue of section 250) may become exercisable, as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme.

Notes

(1) In this paragraph the reference to an order or scheme which has come into operation includes a reference to an order or scheme which has been submitted for confirmation to, or been prepared in draft by, the Minister of Transport or the Secretary of State under Part II of that Act of 1980 and in respect of which a notice has been published under paragraph 1, 2 or 10 of Schedule 1 to that Act.

(2) Note (1) shall cease to apply when—

(a) the relevant order or scheme comes into operation (whether in its original form or with modifications), or

(b) the Secretary of State decides not to confirm or make the order or scheme.

(3) In this paragraph the reference to land required for purposes of construction, improvement or alteration as indicated in an order or scheme includes a reference to land required for the purposes of section 246(1) of the Highways Act 1980.

Marginal Citations

M6 1980 c. 66.

M7 1959 c. 25.

M8 1971 c. 41.

15 E+W Land shown on plans approved by a resolution of a local highway authority as land comprised in the site of a highway as proposed to be constructed, improved or altered by that authority.

16 Land on which the Secretary of State proposes to provide a trunk road or a special road and has given to the local planning authority written notice of his intention to provide the road, together with maps or plans sufficient to identify the proposed route of the road.

17 E+W Land shown on plans approved by a resolution of a local highway authority as land proposed to be acquired by them for the purposes of section 246(1) of the M9 Highways Act 1980.

Marginal Citations

M9 1980 c. 66

18 Land shown in a written notice given by the Secretary of State to the local planning authority as land proposed to be acquired by him for the purposes of section 246(1) of the Highways Act 1980 in connection with a trunk road or special road which he proposes to provide.

New streets E+W

19 E+W Land which—

(a) either—

(i) is within the outer lines prescribed by an order under section 188 of the Highways Act 1980 (orders prescribing minimum width of new streets) or section 159 of the M10 Highways Act 1959 (which is the predecessor of that section); or

(ii) has a frontage to a highway declared to be a new street by an order under section 30 of the M11 Public Health Act 1925 and lies within the minimum width of the street prescribed by any byelaws or local Act applicable by virtue of the order; and

(b) is, or is part of—

(i) a dwelling erected before, or under construction on, the date on which the order is made; or

(ii) the curtilage of any such dwelling.

Note

This paragraph does not include any land in which the appropriate authority have previously acquired an interest either in pursuance of a blight notice served by virtue of this paragraph or by agreement in circumstances such that they could have been required to acquire it in pursuance of such a notice.

Marginal Citations

M10 1959 c. 25.

M11 1925 c. 71.

General improvement areas E+W

20 E+W Land indicated by information published in pursuance of section 257 of the M12 Housing Act 1985 as land which a local authority propose to acquire in the exercise of their powers under the provisions of Part VIII of that Act relating to general improvement areas.

Marginal Citations

M12 1985 c. 68.

Compulsory purchase E+W

21 E+W Land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable.

22 E+W Land in respect of which—

(a) a compulsory purchase order is in force; or

(b) there is in force a compulsory purchase order providing for the acquisition of a right or rights over that land;

and the appropriate authority have power to serve, but have not served, notice to treat in respect of the land or, as the case may be, the right or rights.

Notes

(1) This paragraph applies also to land in respect of which—

(a) a compulsory purchase order has been submitted for confirmation to, or been prepared in draft by, a Minister, and

(b) a notice has been published under paragraph 3(1)(a) of Schedule 1 to the M13 Acquisition of Land Act 1981 or under any corresponding enactment applicable to it.

(2) Note (1) shall cease to apply when—

(a) the relevant compulsory purchase order comes into force (whether in its original form or with modifications); or

(b) the Minister concerned decides not to confirm or make the order.

Marginal Citations

M13 1981 c. 67.

Yn ddilys o 01/01/1993

[F3 23 E+W Land—

(a) the compulsory acquisition of which is authorised by an order under section 1 or 3 of the Transport and Works Act 1992, or

(b) which falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable, or

(c) which is the subject of a proposal, contained in an application made in accordance with rules under section 6 of that Act or in a draft order prepared under section 7(3) of that Act, that it should be such land.]

Textual Amendments

F3 Sch. 13 para. 23 added (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 16(2); S.I. 1992/2784, art. 2(a), Sch. 1

Yn ddilys o 06/04/2009

[F4 24 E+W Land falls within this paragraph if—

(a) the compulsory acquisition of the land is authorised by an order granting development consent, or

(b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an order granting development consent are exercisable, or

(c) an application for an order granting development consent seeks authority to compulsorily acquire the land.]

Textual Amendments

F4 Sch. 13 para. 24 inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(2), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4 (with art. 6)

Yn ddilys o 06/04/2009

[F5 Land identified in national policy statements E+W

Textual Amendments

F5 Sch. 13 para. 25 and cross-heading inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(2), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4 (with art. 6)

25 E+W Land falls within this paragraph if the land is in a location identified in a national policy statement as suitable (or potentially suitable) for a specified description of development.

Note

Land ceases to fall within this paragraph when the national policy statement—

(a)

ceases to have effect, or

(b)

ceases to identify the land as suitable or potentially suitable for that description of development.]