- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (13/07/2016)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 13/07/2016.
Planning Act 2008, Cross Heading: Blighted land is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)TCPA 1990 is amended as follows.
(2)In Schedule 13 (blighted land) after paragraph 23 insert—
“24Land 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.
Land identified in national policy statements25Land 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.
NoteLand 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.”
(3)In section 150(1)(b) (notices requiring purchase of blighted land)—
(a)for “21 or” insert “ 21, ”,
(b)after “notes)” insert “ or paragraph 24 ”, and
(c)after “Schedule 13 and” insert “ (except in the case of land falling within paragraph 24(c) of that Schedule) ”.
(4)In section 151 (counter-notices objecting to blight notices) after subsection (7) insert—
“(7A)The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).”
(5)After section 165 (power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served) insert—
Where a blight notice has been served in respect of land falling within paragraph 25 of Schedule 13, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.”
(6)In section 169 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 6) after subsection (5) insert—
“(6)In relation to land falling within paragraph 25 of Schedule 13, “the appropriate authority” is—
(a)if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b)in any other case, the Secretary of State.
(7)If any question arises by virtue of subsection (6)—
(a)whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b)which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(8)In subsections (6) and (7) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.”
(7)In section 170 (“appropriate enactment” for purposes of Chapter 2) after subsection (8) insert—
“(8A)In relation to land falling within paragraph 24(a) or (b) of that Schedule, “the appropriate enactment” is the order granting development consent.
(8B)In relation to land falling within paragraph 24(c) of that Schedule, “the appropriate enactment” is an order in the terms of the order applied for.
(8C)In relation to land falling within paragraph 25 of that Schedule, “the appropriate enactment” is section 165A.”
(8)In section 171(1) (general interpretation of Chapter 2 of Part 6) at the appropriate place insert—
““national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;”.
Commencement Information
I1S. 175 in force at 1.3.2010 for E.W. in so far as not already in force by S.I. 2010/101, art. 4(f) (with art. 6)
I2S. 175(1) (2) (4)-(8) in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(b)
(1)The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.
(2)In Schedule 14 (blighted land) after paragraph 16 insert—
“17(1)This paragraph applies to land which relates to the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
(a)one end of which is in England or Wales, and
(b)the other end of which is in Scotland,
where one of the following conditions is met.
(2)The conditions are—
(a)the compulsory acquisition of the land is authorised by an order granting development consent under the Planning Act 2008,
(b)the land falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable,
(c)an application for such an order seeks authority to compulsorily acquire the land.
Land identified in national policy statements so far as relating to certain pipe-lines18This paragraph applies to land which is in a location identified in a national policy statement as suitable (or potentially suitable) for the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
(a)one end of which is in England or Wales, and
(b)the other end of which is in Scotland.
NoteLand ceases to be 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 the construction of such a pipe-line.”
(3)In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—
“(5A)In the application of subsections (3)(a) and (4) in relation to land to which paragraph 17 or 18 of Schedule 14 applies, references to the Scottish Ministers are to be read as references to the Secretary of State.”
(4)In section 101(1)(b) (notices requiring purchase of blighted land)—
(a)for “or 15” substitute “ , 15 or 17 ”, and
(b)after “Schedule 14 and” insert “ (except in the case of land falling within paragraph 17 by virtue of paragraph 17(2)(c)) ”.
(5)In section 102 (counter-notices objecting to blight notices) after subsection (7) insert—
“(7A)An objection may not be made on the ground mentioned in paragraph (b) of subsection (4) in a counter-notice to a blight notice served by virtue of paragraph 18 of Schedule 14.”
(6)After section 116 insert—
Where a blight notice has been served in respect of land falling within paragraph 18 of Schedule 14, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.”
(7)In section 120 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 5) after subsection (4) insert—
“(5)In relation to land falling within paragraph 18 of Schedule 14, “the appropriate authority” is—
(a)if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b)in any other case, the Secretary of State.
(6)If any question arises by virtue of subsection (5)—
(a)whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b)which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(7)In subsections (5) and (6) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.”
(8)In section 121 (“appropriate enactment” for purposes of Chapter 2) after subsection (7) insert—
“(7A)In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order granting development consent.
(7B)In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(c), “the appropriate enactment” means an order in the terms of the order applied for.
(7C)In relation to land falling within paragraph 18 of that Schedule, “the appropriate enactment” means section 116A.”
(9)In section 122 (general interpretation of Chapter 2 of Part 5)—
(a)after the definition of “crofter” insert—
““cross-country pipe-line” has the meaning given by section 66 of the Pipe-lines Act 1962 (c. 58);
“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see section 7(1) of that Act);”, and
(b)after the definition of “hereditament” insert—
““national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;”.
Commencement Information
I3S. 176 in force at 1.3.2010 for S. in so far as not already in force by S.I. 2010/101, art. 5 (with art. 6)
I4S. 176(1)-(3) (5)-(9) in force at 6.4.2009 for specified purposes for S. by S.I. 2009/400, art. 4(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys