Town and Country Planning Act 1990

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

1 E+W F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 13 paras. 1-4 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)

[F2 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 [F3 or by a neighbourhood development plan 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.

[F4 (2A) For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 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(3) But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.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.

[F5 (6) Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.]]

Textual Amendments

F2 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)

F3 Words in Sch. 13 para. 1A inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(a); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F4 Sch. 13 para. 1A Note (2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F5 Sch. 13 para. 1A Note (6) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(c); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

[F6 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

F6 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 E+W F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 13 paras. 1-4 repealed (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(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)

3 E+W F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 13 paras. 1-4 repealed (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(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)

4 E+W F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 13 paras. 1-4 repealed (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(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)

5 E 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 [F10 relevant public functions (within the meaning of paragraph 1A)] .

Extent Information

E1 This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

F10 Words in Sch. 13 para. 5 substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(4) (with s. 111); S.I. 2004/2202, art. 2

5 W 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 [F12 relevant public functions (within the meaning of paragraph 1A or 1B)] .

Extent Information

E3 This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

F12 Words in Sch. 13 para. 5 substituted for the words "any such functions as are mentioned in paragraph 1(a)(i) or (ii)" (5.10.2005 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(4)

6 E Land in respect of which a local planning authority—

(a) have resolved to take action to safeguard it for development for the purposes of [F11 relevant public functions (within the meaning of paragraph 1A)]

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

Extent Information

E2 This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

F11 Words in Sch. 13 para. 6 substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(5) (with s. 111); S.I. 2004/2202, art. 2

6 W Land in respect of which a local planning authority—

(a) have resolved to take action to safeguard it for development for the purposes of [F13 relevant public functions (within the meaning of paragraph 1A or 1B)] , 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.

Extent Information

E4 This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

F13 Words in Sch. 13 para. 6 substituted for the words "any such functions as are mentioned in paragraph 5" (5.10.2005 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(5)