Local Government, Planning and Land Act 1980

149 Corporation as planning authority. E+W+S

(1) If the Secretary of State so provides by order, an urban development corporation shall be the local planning authority for the whole or any portion of its area F1 for such purposes of [F2 Part III of the 1990 Act], and in relation to such kinds of development, as may be prescribed.

(2) The order may provide—

(a) that any enactment relating to local planning authorities shall not apply to the corporation; and

(b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(3) If the Secretary of State so provides by order—

(a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and F1 , the functions conferred by such of the provisions of [F3 the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990] mentioned in Part I of Schedule 29 to this Act as are specified in the order;

(b) such of the provisions of [F4 those Acts] specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation’s area, subject to the modifications there specified.

(4) An order under subsection (3) above may provide—

(a) that any enactment relating to local planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 29 to this Act which relate to land in the urban development area by virtue of the order; and

(b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(5)

F5 (6) In Scotland, if the Secretary of State so provides by order, an urban development corporation shall be the planning authority for the whole or any portion of its area F6 . . . for such purposes of [F7 Part III of the 1997 Act]), and in relation to such kinds of development, as may be prescribed.

(7) An order under subsection (6) above may provide—

(a) that any enactment relating to planning authorities shall not apply to the corporation; and

(b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(8) If the Secretary of State so provides by order—

(a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and F6 . . ., the functions conferred by such of the provisions of [F7 the 1997 Act and the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997] mentioned in Part I of Schedule 30 to this Act as are specified in the order;

(b) such of the provisions of [F7 those Acts] specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation’s area, subject to the modifications there specified.

(9) An order under subsection (8) above may provide—

(a) that any enactment relating to planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 30 to this Act which relate to land in the urban development area by virtue of the order; and

(b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

F8 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(12) The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(13) In this section “prescribed” means prescribed by an order under this section.

Textual Amendments

F1 Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F2 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(6)(a)

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(6)(b)

F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(6)(c)

F5 Ss. 119, 149(5), 150 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F6 Words in s. 149(6)(8)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F7 Words in s. 149(6)(8)(a)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(6)

F8 S. 149(10) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Modifications etc. (not altering text)

C1 S. 149 applied (with modifications) (E.) (30.3.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 5(1)(a)(3)(a)(6), 40(1)(b)

C2 S. 149(3)(a) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 36(8), Sch. 8 para. 8(2)(a) (with s. 112(3), Sch. 17 para. 35(1))

C3 S. 149(3)(a) extended by Housing and Planning Act 1986 (c. 63, SIF 123:1), s. 44(3)

C4 S. 149(8)(a) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 36(8), Sch. 8 para. 8(2)(b), (with s. 112(3), Sch. 17 para. 35(1))