Norfolk and Suffolk Broads Act 1988

Section 2(5), (6).

SCHEDULE 3 Functions of Authority

Part I Planning and Connected Matters

The [1919 c. 100.] Electricity (Supply) Act 1919

1 In section 21(2) of the Electricity (Supply) Act 1919 (meaning of “local planning authority” in relation to duty of Secretary of State to consult before consenting to overhead electricity lines), the words “and in relation to any land within the Broads (as defined by the Norfolk and Suffolk Broads Act 1988) it means the Broads Authority” shall be added after paragraph (b).

The National Parks and Access to the [1949 c. 97.] Countryside Act 1949

2 In the National Parks and Access to the Countryside Act 1949, the following section shall be inserted after section 111—

“111A Application to the Broads Authority

(1) Sections 21 and 22 of this Act shall have effect as if the Broads Authority were a county council.

(2) Sections 54 and 89 of this Act shall have effect as if the Broads Authority were a local planning authority.

(3) Part V of this Act (apart from section 69) shall have effect as if the Broads Authority were a local planning authority but as if—

(a) sections 61 to 63, 74 and 78 were omitted; and

(b) for the purposes of sections 64, 65 and 77, the Broads were a National Park.

(4) Section 69 of this Act shall have effect as if the Broads Authority were a county planning authority.

(5) In this section “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.”

The [1961 c. 33.] Land Compensation Act 1961

3 In section 17 of the Land Compensation Act 1961 (certification of appropriate alternative development), the following subsections shall be added at the end—

“(10) For the purposes of this section and sections 18 to 20 of this Act, the Broads Authority shall be the sole district planning authority in respect of the Broads.

(11) In subsection (10) above “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988”.

The [1962 c. 36.] Local Authorities (Historic Buildings) Act 1962

4 In section 1 of the Local Authorities (Historic Buildings) Act 1962 (power of local authority to contribute to preservation of historic buildings), the following subsections shall be added at the end—

“(5) In this section and in section 2 below “local authority”, in relation to a building within the Broads, includes the Broads Authority.

(6) In subsection (5) above “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.”

The [1963 c. 38.] Water Resources Act 1963

5 In section 54 of the Water Resources Act 1963 (general regulations relating to licences), the words “and the Broads Authority” shall be added at the end of subsection (3).

The [1968 c. 41.] Countryside Act 1968

6 In the Countryside Act 1968, the following section shall be inserted after section 47—

“47A Application to the Broads Authority

(1) Sections 6 to 9 of this Act shall have effect as if the Broads Authority were a local authority.

(2) Sections 10, 18 and 20 of this Act shall have effect as if the Broads Authority were a local planning authority.

(3) Section 16 of this Act shall have effect as if the Broads Authority were a local planning authority and the Broads were a National Park.

(4) Section 40 of this Act shall have effect as if the Broads Authority were a National Park joint planning board and the Broads were a National Park.

(5) Sections 43 to 45 shall have effect as if the Broads Authority were a local authority.

(6) In this section “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.”

The [1971 c. 78.] Town and Country Planning Act 1971

7 In the Town and Country Planning Act 1971 the following section shall be inserted after section 273—

“273A The Broads Authority

(1) For the purposes of the provisions of this Act mentioned in subsection (2) below, the Broads Authority shall be the sole district planning authority in respect of the Broads.

(2) The provisions are sections 11 to 15B, 16, 17, 25 to 30, 34 to 39, 41 to 44, 45, 46, 51, 52, 53, 55, 56, 56B, 56C, 58, 59, 61A, 63, 65, 87, 90, 91, 92A, 94, 96, 99, 107, 109, 267, 270, 271, 277 to 277B and Schedule 11.”

8 In section 1(6) of the Act of 1971 (section 1 to be read subject to certain provisions), after the word “section” there shall be inserted the words “shall have effect subject to section 273A of this Act and those provisions”.

9 In section 1A of the Act of 1971 (hazardous substances authorities), the following subsection shall be inserted after subsection (3)—

“(3A) The Broads Authority is the hazardous substances authority for the Broads.”

10 In section 24E(1) of the Act of 1971 (exclusion of certain descriptions of land or development from simplified planning zones), the following paragraph shall be inserted after paragraph (b)—

“(bb) land within the Broads;”.

11 In section 40 of the Act of 1971 (development by local authorities and statutory undertakers with authorisation of government department), the following subsection shall be added at the end—

“(4) For the purposes of subsection (1) above “local authority” includes the Broads Authority.”

12 In section 54 of the Act of 1971 (lists of buildings of special architectural or historic interest), the following subsection shall be added at the end—

“(13) In relation to any building within the Broads, the reference in subsections (4) and (11) to the district planning authority shall include a reference to the Broads Authority.”

13 In section 54A of the Act of 1971 (issue of certificate that building is not intended to be listed), the words “and shall, in relation to a building within the Broads, include the Broads Authority” shall be added at the end of subsection (4).

14 In section 101 of the Act of 1971 (urgent works to preserve buildings), the following subsection shall be added at the end—

“(6) In this section and in section 101A of this Act “local authority”, in relation to a building within the Broads, includes the Broads Authority.”

15 In section 114 of the Act of 1971 (compulsory acquisition of listed building in need of repair), the following subsection shall be inserted after subsection (1)—

“(1A) In the case of a building situated within the Broads, subsection (1) above shall have effect with the addition, after the words “building is situated”, of the words “or the Broads Authority.” ”

16 In section 115 of the Act of 1971 (repairs notice as preliminary to compulsory acquisition under section 114), the following subsection shall be added at the end—

“(5) In this section “council”, in relation to a building within the Broads, includes the Broads Authority.”

17 In section 117 of the Act of 1971 (minimum compensation in case of listed building deliberately left derelict), the following subsection shall be added at the end—

“(8) In subsection (1) above, “council”, in relation to a building within the Broads, includes the Broads Authority.”

18 In section 126 of the Act of 1971 (management etc. of listed buildings acquired by local authority or Secretary of State), the following subsection shall be added at the end—

“(3) In subsection (1) above, “local authority”, in relation to a building within the Broads, includes the Broads Authority.”

19 In section 181 of the Act of 1971 (action by council on whom purchase notice is served), the following subsection shall be added at the end—

“(5) For the purposes of this section, “local authority”, in relation to land within the Broads, includes the Broads Authority.”

20 In section 182 of the Act of 1971 (procedure on reference of purchase notice to Secretary of State), the following subsection shall be added at the end—

“(5) For the purposes of this section and sections 183 and 186 of this Act, “local authority”, in relation to land within the Broads, includes the Broads Authority.”

21 In section 212 of the Act of 1971 (power by order to extinguish right to use vehicles on highway), the following subsection shall be added at the end—

“(10) In this section “local planning authority” includes the Broads Authority.”

22 In section 214 of the Act of 1971 (extinguishment of public rights of way over land held for planning purposes), the following subsection shall be added at the end—

“(3) Paragraphs (a) and (b) of subsection (1) above shall also apply (with the substitution of a reference to the Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.”

23 In section 280 of the Act of 1971 (rights of entry), the following subsection shall be added at the end—

“(10) The Broads Authority shall be treated—

(a) for the purposes of subsections (1)(a) and (3) above, as the sole district planning authority in respect of the Broads;

(b) for the purposes of subsections (1)(b), (c) and (8), as a local planning authority; and

(c) for the purposes of subsection (4), as a local authority.”

24 In section 284 of the Act of 1971 (power to require information as to interests in land), the following subsection shall be added at the end—

“(4) In this section “local authority”, in relation to land within the Broads, includes the Broads Authority.”

25 In section 290 of the Act of 1971 (interpretation), the following definition shall be inserted at the appropriate place—

““the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988;”.

26 In Schedule 19 to the Act of 1971 (proceedings on listed building purchase notice), the following sub-paragraph shall be added at the end of paragraph 1—

“(4) In this paragraph and in paragraphs 2 and 3 below, “local authority”, in relation to land within the Broads, includes the Broads Authority.”

The [1972 c. 42.] Town and Country Planning (Amendment) Act 1972

27 In section 10B of the Town and Country Planning (Amendment) Act 1972 (grants for repair of buildings in town schemes), the following paragraph shall be inserted in subsection (11), after paragraph (b)—

“(bb) in relation to any building situated within the Broads (as defined in the Norfolk and Suffolk Broads Act 1988), the Broads Authority;”.

The [1972 c. 70.] Local Government Act 1972

28 In paragraph 10 of Schedule 16 to the Local Government Act 1972 (local plans prepared jointly by two or more local planning authorities), the following sub-paragraph shall be added at the end—

“(5) For the purposes of this paragraph and paragraphs 11 to 13 below the Broads Authority shall be the sole district planning authority in respect of the Broads.”

The [1976 c. 74.] Race Relations Act 1976

29 In section 19A of the Race Relations Act 1976 (discrimination by planning authorities), the words “the Broads Authority” shall be inserted after the word “council” in subsection (2)(a).

The [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979

30 (1) In the Ancient Monuments and Archaeological Areas Act 1979, the following section shall be inserted after section 52—

“52A The Broads

Parts I and II and section 45(2) and (3) of this Act shall apply, in relation to the Broads (as defined by the Norfolk and Suffolk Broads Act 1988), as if the Broads Authority were a local authority.”

(2) In section 35 of the Act of 1979 (notice required of operations in areas of archaeological importance), the following subsection shall be added at the end—

“(11) This section shall have effect, in relation to any land within the Broads (as defined by the Norfolk and Suffolk Broads Act 1988), as if the Broads Authority were the district council (to the exclusion of the authority which is otherwise the district council for the area in question) and the Broads were its local authority area.”

The [1981 c. 69.] Wildlife and Countryside Act 1981

31 (1) In section 28 of the Wildlife and Countryside Act 1981 (areas of special scientific interest), the following subsection shall be added at the end—

“(13A) For the purposes of this section “local planning authority”, in relation to land within the Broads, includes the Broads Authority.”.

(2) In section 39 of the Act of 1981 (management agreements), in subsection (5), the following paragraph shall be inserted after paragraph (a)—

“(aa) as respects land within the Broads, the Broads Authority;”.

(3) In section 41 of the Act of 1981 (duties of agriculture ministers with respect to the countryside), the following subsection shall be inserted after subsection (5)—

“(5A) For the purposes of this section the Broads shall be treated as a National Park.”

(4) In section 44 of the Act of 1981 (grants and loans for purposes of National Parks), the following subsection shall be added at the end—

“(4) For the purposes of this section the Broads Authority shall be treated as a county planning authority and the Broads as a National Park.”

(5) In section 71 of the Act of 1981 (interpretation), the following definition shall be inserted at the appropriate place—

““the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.”

The [1984 c. 10.] Town and Country Planning Act 1984

32 In section 6 of the Town and Country Planning Act 1984 (interpretation and supplementary provisions), the following subsections shall be added at the end—

“(5) In section 2 of this Act “local planning authority”, in relation to land within the Broads, includes the Broads Authority.

(6) Subject to subsection (5) above, the Broads Authority shall, for the purposes of this Act, be the sole district planning authority in relation to land within the Broads.”.

Part II Miscellaneous Functions

Land Drainage

33 (1) The Authority shall, after consulting—

(a) the internal drainage board for each internal drainage district which is wholly or partly within the Broads;

(b) the Countryside Commission;

(c) the Nature Conservancy Council; and

(d) the Anglian Water Authority;and with the agreement of the Minister of Agriculture, Fisheries and Food, prepare and issue (in such form and in such manner as it considers appropriate) a code of practice for the construction, alteration, renewal, maintenance or extension of drainage works within the Broads.

(2) The Authority shall from time to time review the code of practice and, where it considers it appropriate, issue a revised code.

(3) Before issuing a revised code the Authority shall consult the bodies mentioned in sub-paragraph (1) above.

(4) The Authority shall not issue a revised code unless it has the agreement of the Minister.

(5) Any drainage authority exercising functions in relation to any land within the Broads shall comply with the code.

(6) Where it appears to the Authority that a drainage authority has failed to comply with any provision of the code, the Authority may give such directions to the drainage authority as it thinks fit.

(7) Any dispute between the Authority and a drainage authority which arises in connection with the code shall be determined by the Minister of Agriculture, Fisheries and Food.

(8) In this paragraph “drainage authority” means any body having statutory power to make or maintain works for the drainage of land.

Water

34 (1) For the purpose of improving the quality of water in any inland waters partly or wholly within the Broads, the Authority may—

(a) carry out such works; or

(b) make such grants or loans;as it thinks fit.

(2) Before any exercise of its powers under sub-paragraph (1) above, the Authority shall consult—

(a) the Anglian Water Authority and the East Anglian Water Company; or

(b) one of those bodies (where it would not be appropriate to consult both).

(3) Nothing in sub-paragraph (1) above shall be taken to authorise the Authority to carry out any work which requires the consent of any other person if that consent has not been given.

35 Before implementing any proposal the implementation of which is likely to affect the quality of water in any inland waters partly or wholly within the Broads, the Anglian Water Authority or (as the case may be) the East Anglian Water Company shall consult the Authority.

Discharge of trade and sewage effluent

36 The Authority shall be treated as a local authority for the purposes of section 36 of the [1974 c. 40.] Control of Pollution Act 1974 (right of local authority to receive notice of application to water authority for consent to discharge effluent etc.).

Staithes

37 (1) The Authority shall have all the powers of an owner or occupier (including, in particular, power to take criminal or civil proceedings) for the purpose of preventing unlawful interference with any staithe within the Broads, or with any rights exercisable by any person in relation to any such staithe.

(2) Subject to sub-paragraph (3) below, the Authority may maintain, alter or improve any staithe within the Broads.

(3) Where the Authority proposes to exercise its powers under sub-paragraph (2) above in respect of any staithe it shall, where it is of the opinion that it is reasonably practicable to identify and contact the owner or occupier of the staithe, or both the owner and occupier, take such steps as are reasonably practicable to notify him or (as the case may be) them of its proposal and obtain his or (as the case may be) their consent.

(4) Nothing in this paragraph shall be taken to affect the power of the Authority (under paragraph 44 of this Schedule) to acquire land compulsorily.

Common Land

38 (1) In relation to any registered common within the Broads which is not owned by, or vested in, a local authority and which is not a staithe, the Authority shall be treated as a local authority for the purposes of the following enactments—

(a) section 1 of the [1899 c. 30.] Commons Act 1899 (scheme for regulation);

(b) section 194(2) of the [1925 c. 20.] Law of Property Act 1925 (application for removal of works);

(c) section 23 of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 (power of district council to prohibit caravans on commons); and

(d) section 9 of the [1965 c. 64.] Commons Registration Act 1965 (protection of unclaimed common land).

(2) No local authority shall exercise any of its functions under the enactments mentioned in sub-paragraph (1) above, in relation to any staithe which is within the Broads and which is registered as a common, except jointly with the Authority or with the Authority’s consent.

Open spaces

39 The Authority shall be treated as a local authority for the purposes of the [1906 c. 25.] Open Spaces Act 1906.

Provision of facilities

40 (1) Subject to sub-paragraphs (3) and (4) below, the Authority may make arrangements for securing the provision within the Broads, or within the neighbourhood of the Broads, (and whether by the Authority or by others) of—

(a) moorings;

(b) accommodation, meals and refreshments (including intoxicating liquor);

(c) camping sites;

(d) parking places and means of access to, and egress from, them;

(e) sanitary conveniences for use by the public; and

(f) receptacles for refuse or litter and services for their regular emptying and cleansing;and may for the purposes of any such arrangements erect such buildings and carry out such other work as may appear to the Authority to be necessary or expedient.

(2) The Authority may make arrangements for securing the provision within the Broads (whether by the Authority or others) of study centres and other facilities for learning about—

(a) the history, natural features, flora and fauna of the Broads; and

(b) objects of architectural, archaeological or historical interest within the Broads.

(3) Before making any arrangements under sub-paragraph (1)(a) above for securing the provision of any mooring within the Haven, the Authority must obtain the consent of the Commissioners.

(4) The Authority may not exercise the powers given by sub-paragraph (1)(b) above unless it appears to it that existing facilities of the kind in question are inadequate or unsatisfactory.

(5) The Authority may make reasonable charges for the use by any person of any facilities provided by it under this paragraph.

Caravan sites

41 The Authority shall be treated as a local authority for the purposes of section 24 of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 (provision of sites for caravans).

Conservation of buildings etc.

42 The Authority may, either for the purpose of preserving the distinctive character of the Broads or for any purpose connected with the history of the development and use of the Broads—

(a) undertake conservation or restoration work in respect of any building, vessel or other thing within any part of the Broads; and

(b) pay grants or make loans to bodies appearing to the Authority to be established for purposes which include either or both of those purposes.

Derelict land

43 The Authority shall be treated as a local authority, and the Broads as a National Park, for the purposes of the [1982 c. 42.] Derelict Land Act 1982.

Compulsory acquisitions

44 (1) The Secretary of State may authorise the Authority to acquire land compulsorily for the purpose of carrying out its functions under paragraph 37(2) or 40 of this Schedule or for the purpose of improving any mooring within the Broads.

(2) Where the Authority exercises its powers under sub-paragraph (1) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the Secretary of State may authorise it to acquire compulsorily, or it may acquire by agreement, land for giving in exchange for the land acquired.

(3) The power to acquire land compulsorily includes power to create new rights as well as acquire existing ones.

(4) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to a compulsory purchase by the Authority subject, in the case of a compulsory acquisition of a right by the creation of a new right, to Schedule 3 of that Act.

Refuse disposal

45 The Authority shall be treated as a local authority for the purposes of—

(a) sections 3 to 6 of the [1978 c. 3.] Refuse Disposal (Amenity) Act 1978 (removal and disposal of refuse); and

(b) sections 7 (acquisition of land) and 8 (powers of entry etc.) of that Act, so far as they relate to functions under section 6 of that Act.

Litter

46 The Authority shall be treated as a litter authority for the purposes of the [1983 c. 35.] Litter Act 1983.

Footpaths and bridleways

47 (1) The Authority shall be treated as a local authority for the purposes of sections 25 to 29 of the [1980 c. 66.] Highways Act 1980 (public path creation agreements); and sections 72(2) (widening of footpaths etc.) and 118 to 121 (stopping up of footpaths etc.) of that Act shall have effect in relation to the Authority as if it were a county council.

(2) Without prejudice to the powers of any other body, the Authority shall have the power to maintain any public path within the Broads.

Tree preservation

48 The Authority shall be treated as a local planning authority for the purposes of sections 60, 61, 62 and 103 of the [1971 c. 78.] Town and Country Planning Act 1971 (tree preservation orders).

Publication of information

49 (1) The Authority may—

(a) publish, or arrange for the publication of, such information on matters relating to the Broads as it thinks fit;

(b) arrange for the delivery of lectures and addresses and the holding of discussions on any such matters;

(c) arrange for the display of pictures, films or models or the holding of exhibitions relating to any such matters; and

(d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held in accordance with arrangements under paragraph (c) above.

(2) The Authority may make reasonable charges for any service provided by it under this paragraph.