Planning and Compulsory Purchase Act 2004

18 (1) Schedule 13 (blighted land) is amended as follows. E+W

(2) Paragraphs 1 to 4 are omitted.

(3) The following paragraph is inserted as paragraph 1A—

“1A 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(3) But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.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.”

(4) In paragraph 5 for “any such functions as are mentioned in paragraph 1(a)(i) or (ii)” there is substituted “ relevant public functions (within the meaning of paragraph 1A) ”.

(5) In paragraph 6 for “any such functions as are mentioned in paragraph 5” there is substituted “ relevant public functions (within the meaning of paragraph 1A) ”.

(6) In paragraph 13, for “paragraphs 1, 2, 3 and 4” there is substituted “ paragraph 1A ”.

Commencement Information

I1 Sch. 6 para. 18 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(h) (with art. 4, Sch. 2)

I2 Sch. 6 para. 18 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(e) (with art. 3, Sch.)