Local Government, Planning and Land Act 1980

Functions E+W

103 The Authority’s functions. E+W

(1) The Authority shall have the function of acquiring land in Wales which in its opinion needs to be made available for development, and of disposing of it to other persons (for development by them) at a time which is in the Authority’s opinion appropriate to meet the need.

(2) Before it acquires the land, the Authority shall—

(a) consider whether the land would or would not in its opinion be made available for development if the Authority did not Act,

(b) consider the fact that planning permission has or has not been granted in respect of the land or is likely or unlikely to be granted,

(c) in a case where no planning permission has been granted in respect of the land) consult [F1 —

(i) the council of any county or county borough in which the land, or any part of the land, is situated, F2 . . .

(ii) the joint planning board (if any) for the area in which the land, or any part of the land, is situated,]and consider their views, [F3 and

(iii) any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated]

(d) consider the needs of those engaged in building, agriculture and forestry and of the community in general.

(3) Where the Authority acquires land, then, before it is disposed of—

(a) the Authority may (with the Secretary of State’s consent) execute works in respect of the land where it is of opinion that it is expedient to do so with a view to the subsequent disposal of the land to other persons for development by them, and

(b) the Authority shall manage and turn to account the land pending its disposal to other persons for development by them.

(4) The works mentioned in subsection (3) above, include engineering works and works for the installation or roads, drains, sewers, gas supplies and electricity supplies, but do not include works consisting of the erection of buildings.

(5) If requested to do so by a public authority (within the meaning of Schedule 19 below) the Authority may advise the authority about disposing of any of the authority’s land in Wales to other persons (for development by them), and may assist the authority to dispose of the land.

[F4 (6) The council of a county or county borough in Wales which makes an assessment of land in its area which is, in its opinion, available and suitable for development may be assisted by the Authority in making that assessment.

(6A) A joint planning board in Wales which makes an assessment of land in its district which is, in its opinion, available and suitable for development may be assisted by the Authority in making that assessment.]

(7) The Authority may charge a reasonable fee for any advice or assistance under subsection (5) [F5 (6) or (6A)] above.

(8) A county [F6 council, county borough council or joint planning board] in Wales shall have power to enter into, and carry out, an agreement with the Authority whereby the council [F7 or board] will, as agents of the Authority, perform any service or execute any works which the Authority could perform or execute by virtue of this Act.

[F8 (8A) Subsections (6)-(8) above shall have effect as if any reference to a council included a reference to a National Park authority for a National Park in Wales and the references to the area of a council were to be construed accordingly..]

(9) The Authority shall, without prejudice to its powers apart from this subsection, have power to do anything to facilitate, or anything which is conducive or incidental to, the performance of any of the Authority’s functions.

Textual Amendments

F1 Words in s. 103(2)(c) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 58(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F2 Word in s. 103(2)(c) repealed (1.4.1996) by 1995 c. 25, ss. 78, 120(3), Sch. 10 para. 20(1)(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1995/2950, art. 3

F3 S. 103(2)(c)(iii) and word preceding it inserted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 20(1)(a) (with ss. 7(6), 115, 117); S.I. 1995/2950, art. 3

F4 S. 103(6)(6A) substituted (1.4.1996) for s. 103(6) by 1994 c. 19, s. 66(6), Sch. 16 para. 58(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F5 Words in s. 103(7) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 58(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4

F6 Words in s. 103(8) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 58(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4

F7 Words in s. 103(7) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 58(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4

F8 S. 103(8A) inserted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 20(1)(b) (with ss. 7(6), 115, 117); S.I. 1995/2950, art. 3