Local Government, Planning and Land Act 1980

Section 149.

SCHEDULE 29 E+W+S Planning Functions of Urban Development Corporations— England and Wales

Part I E+W+S

Enactments referred to in Section 149(3)(a)

[F1 Sections [F2 171C,] 172, 173, [F2 173A,] 178, 183, 184, [F3 187A,][F2 187B,] 188, [F2 196A to 196C] 197, 198, 199, 201, 206, 207, 209, 211, 213 to 215, 219, 220 and 224 [F2 324(1)(b) and (c) and (7)] of the 1990 Act.

Textual Amendments

F1 Words substituted as provided by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(12)

F2 Words in Sch. 29 Pt. I inserted (E.W.) (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7, para. 5 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1.

F3 Words in Sch. 29 Pt. I inserted (E.W.) (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(2), Sch. 7, para. 5 (with s. 84(5)); S.I. 1992/1630, art. 2, Sch.1.

Sections 3, 4, 8, 10, 11, 13 to 16, 20, 23 to 25, 38, 42, [F4 44A,] 47, 48, 50, 53, 54, 60, 69 to 72, 74, 75 and 82 [F4 88 and 88A] of the Planning (Listed Buildings and Conservation Areas) Act 1990.]

Textual Amendments

F4 Words in Sch. 29 Pt. I inserted (E.W.) (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3, Pt. II, para. 17 (with s. 84(5)); S.I. 1991/2905, art. 3.

Part II E+W+S Enactments Referred to in Section 149(3)(b)

An order made by virtue of section 149(3)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation’s area:—

[F5 “1 Section 139 of the 1990 Act shall have effect as if after the word “undertakers" there were inserted—

(a) in paragraph (b) of subsection (1) the words “or an urban development corporation";

(b) in paragraph (c) of that subsection, the words “or any urban development corporation"; and

(c) in subsection (3), the words “or urban development corporation".

2 Section 140(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

3 Section 141(4) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

4 Section 143(1)(b) of that Act shall have effect as if—

(a) after the word “undertakers" in the first place where it occurs, there were inserted the words “or an urban development corporation"; and

(b) after that word, in the second place where it occurs, there were inserted the words “or that corporation".

5 The definition of “relevant provisions" in section 148 of that Act shall have effect as if after the word “unndertaking" there were added the words “or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980.".

6 Section 249 of that Act shall have effect as if—

(a) in subsection (1) after the word “applies" there were inserted the words “subject to subsection (1A)"; and

(b) the following subsection were inserted after that subsection—

"(1A) Any reference in this section and in section 250 to a local planning authority is to be construed as including a reference to an urban development corporation."

7 Section 251 of that Act shall have effect as if–

(a) in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), where"; and

(b) the following subsection was inserted after that subsection—

"(1A) Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required.".

8 Section 258 of that Act shall have effect as if—

(a) in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), where"; and

(b) the following subsection were inserted after that subsection—

"(1A) Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area, then, subject to section 259, the urban development corporation may by order extinguish any public right of way across the land being a footpath or bridleway, if they are satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required.".

9 Section 330 of that Act shall have effect as if—

(a) after the words “local authority" in the first place where they occur in subsection (1), there were inserted the words “or an urban development corporation"; and

(b) after those words, in the second place where they occur in subsection (1) and in subsection (3), there were inserted the words “or corporation".

10 Section 33 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have effect as if—

(a) in subsection (1)(b) after the word “undertakers" there were inserted the words “or an urban development corporation";

(b) in subsection (1)(c), after the word “undertakers" there were inserted the words “or an urban development corporation";

(c) in subsection (3), after the word “undertakers" there were inserted the words “or corporation".

11 Section 34(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

12 Section 35(6) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

13 Section 36(4) of that Act shall have effect as if after the word “undertakers" in the first place where it occurs there were inserted the words “or an urban development corporation" and in the second place where it occurs there were inserted the words “or that corporation".

14 Section 91(2) of that Act shall have effect as if the words “urban development corporation" were inserted at the appropriate place.”]

Textual Amendments

F5 Sch. 29 Pt.II paras. 1–14 substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13)