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.”