Section 149.
1E+WF1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 13 paras. 1-4 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)
[F21AE+WLand which is identified for the purposes of relevant public functions by a development plan document for the area in which the land is situated [F3or by a neighbourhood development plan 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.
[F4(2A)For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 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(3)But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.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.
[F5(6)Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.]]
Textual Amendments
F2Sch. 13 para. 1A inserted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(3) (with s. 111); S.I. 2004/2202, art. 2 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 (with transitional provisions and savings in art. 3)
F3Words in Sch. 13 para. 1A inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(a); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)
F4Sch. 13 para. 1A Note (2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)
F5Sch. 13 para. 1A Note (6) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 23(c); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)
[F61BE+WLand in Wales which is identified for the purposes of relevant public functions by a local development plan for the area in which the land is situated.
(1)Relevant public functions are—
(a)the functions of the National Assembly for Wales, a government department, local authority, National Park authority or statutory undertakers;
(b)the establishment or running by a public telecommunications operator of a telecommunications system.
(2)For the purposes of this paragraph a local development plan is—
(a)a local development plan which is adopted or approved for the purposes of Part 6 of the Planning and Compulsory Act 2004 (in this paragraph, the 2004 Act);
(b)a revision of a local development plan in pursuance of section 70 of the 2004 Act which is adopted or approved for purposes of Part 6 of the 2004 Act;
(c)a local development plan which has been submitted to the National Assembly for independent examination under section 64(1) of the 2004 Act;
(d)a revision of a local development plan in pursuance of section 70 of the 2004 Act if the plan has been submitted to the National Assembly for independent examination under section 64(1) of that Act.
(3)But Note (2)(c) and (d) does not apply if the plan is withdrawn under section 66 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 local development plan to the National Assembly for independent examination is to be taken to include the holding of an independent examination by the National Assembly under section 65 or section 71 of the 2004 Act.]
Textual Amendments
F6Sch. 13 para. 1B inserted (5.10.2005) by Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(3) (with art. 7)
2E+WF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 13 paras. 1-4 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)
3E+WF8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 13 paras. 1-4 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)
4E+WF9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 13 paras. 1-4 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(2), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4 and in S.I. 2005/2722, art. 7); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3); 2008 c. 29, ss. 204, 241 (and subject to savings in s. 226)
5ELand indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of [F10relevant public functions (within the meaning of paragraph 1A)] .
Extent Information
E1This version of this provision extends to England only; a separate version has been created for Wales only
Textual Amendments
F10Words in Sch. 13 para. 5 substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(4) (with s. 111); S.I. 2004/2202, art. 2
5WLand indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of [F19relevant public functions (within the meaning of paragraph 1A or 1B)] .
Extent Information
E4This version of this provision extends to Wales only; a separate version has been created for England only
Textual Amendments
F19Words in Sch. 13 para. 5 substituted for the words "any such functions as are mentioned in paragraph 1(a)(i) or (ii)" (5.10.2005 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(4)
6ELand in respect of which a local planning authority—
(a)have resolved to take action to safeguard it for development for the purposes of [F11relevant public functions (within the meaning of paragraph 1A)]
(b)have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.
Extent Information
E2This version of this provision extends to England only; a separate version has been created for Wales only
Textual Amendments
F11Words in Sch. 13 para. 6 substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(5) (with s. 111); S.I. 2004/2202, art. 2
6WLand in respect of which a local planning authority—
(a)have resolved to take action to safeguard it for development for the purposes of [F20relevant public functions (within the meaning of paragraph 1A or 1B)] , or
(b)have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.
Extent Information
E5This version of this provision extends to Wales only; a separate version has been created for England only
Textual Amendments
F20Words in Sch. 13 para. 6 substituted for the words "any such functions as are mentioned in paragraph 5" (5.10.2005 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(5)
7E+WLand within an area described as the site of a proposed new town in the draft of an order in respect of which a notice has been published under paragraph 2 of Schedule 1 to the M1New Towns Act 1981.
Note
Land shall cease to be within this paragraph when—
the order comes into operation (whether in the form of the draft or with modifications), or
the Secretary of State decides not to make the order.
Marginal Citations
8E+WLand within an area designated as the site of a proposed new town by an order which has come into operation under section 1 of the New Towns Act 1981.
9E+WLand which is—
(a)within an area intended to be designated as an urban development area by an order which has been made under section 134 of the M2Local Government, Planning and Land Act 1980 but has not come into effect; or
(b)within an area which has been so designated by an order under that section which has come into effect.
Marginal Citations
[F129AE+WLand which is within an area designated under section 197 of the Localism Act 2011 as a Mayoral development area where—
(a)an order under section 198(2) of that Act establishing a Mayoral development corporation for the area has not been made or has been made but has not come into effect; or
(b)such an order has come into effect.]
Textual Amendments
F12Sch. 13 para. 9A inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 37
10E+WLand within an area declared to be a clearance area by a resolution under section 289 of the M3Housing Act 1985.
Marginal Citations
11E+WLand which—
(a)is surrounded by or adjoining an area declared to be a clearance area by a resolution under section 289 of the M4Housing Act 1985, and
(b)is land which a local authority have determined to purchase under section 290 of that Act.
Marginal Citations
12E+WLand indicated by information published in pursuance of section 92 of the M5Local Government and Housing Act 1989 as land which a local authority propose to acquire in exercise of their powers under Part VII of that Act (renewal areas).
Marginal Citations
13ELand indicated in a development plan (otherwise than by being dealt with in a manner mentioned in [F13paragraph 1A]) as—
(a)land on which a highway is proposed to be constructed, or
(b)land to be included in a highway as proposed to be improved or altered.
Extent Information
E3This version of this provision extends to England only; a separate version has been created for Wales only
Textual Amendments
F13Words in Sch. 13 para. 13 substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(6) (with s. 111); S.I. 2004/2202, art. 2
13WLand indicated in a development plan (otherwise than by being dealt with in a manner mentioned in [F21paragraph 1A or 1B]) as—
(a)land on which a highway is proposed to be constructed, or
(b)land to be included in a highway as proposed to be improved or altered.
Extent Information
E6This version of this provision extends to Wales only; a separate version has been created for England only
Textual Amendments
F21Words in Sch. 13 para. 13 substituted for the words "paragraphs 1, 2, 3 and 4" (5.10.2005 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(6)
14E+WLand on or adjacent to the line of a highway proposed to be constructed, improved or altered, as indicated in an order or scheme which has come into operation under Part II of the M6Highways Act 1980 (or under the corresponding provisions of Part II of the M7Highways Act 1959 or section 1 of the M8Highways Act 1971), being land in relation to which a power of compulsory acquisition conferred by any of the provisions of Part XII of that Act of 1980 (including a power compulsorily to acquire any right by virtue of section 250) may become exercisable, as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme.
Notes
(1)In this paragraph the reference to an order or scheme which has come into operation includes a reference to an order or scheme which has been submitted for confirmation to, or been prepared in draft by, the Minister of Transport or the Secretary of State under Part II of that Act of 1980 and in respect of which a notice has been published under paragraph 1, 2 or 10 of Schedule 1 to that Act.
(2)Note (1) shall cease to apply when—
(a)the relevant order or scheme comes into operation (whether in its original form or with modifications), or
(b)the Secretary of State decides not to confirm or make the order or scheme.
(3)In this paragraph the reference to land required for purposes of construction, improvement or alteration as indicated in an order or scheme includes a reference to land required for the purposes of section 246(1) of the Highways Act 1980.
15E+WLand shown on plans approved by a resolution of a local highway authority as land comprised in the site of a highway as proposed to be constructed, improved or altered by that authority.
F14 [ 16 E+WLand comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority.]
Textual Amendments
F14Sch. 13 para. 16 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. I para. 14(1); S.I. 1991/2067, art.3 (subject to art. 4)
17E+WLand shown on plans approved by a resolution of a local highway authority as land proposed to be acquired by them for the purposes of section 246(1) of the M9Highways Act 1980.
Marginal Citations
18E+WLand shown in a written notice given by the Secretary of State to the local planning authority as land proposed to be acquired by him for the purposes of section 246(1) of the Highways Act 1980 in connection with a [F15highway] which he proposes to provide.
Textual Amendments
F15Words in Sch. 13 para. 18 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. I para. 14(2)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
19E+WLand which—
(a)either—
(i)is within the outer lines prescribed by an order under section 188 of the Highways Act 1980 (orders prescribing minimum width of new streets) or section 159 of the M10Highways Act 1959 (which is the predecessor of that section); or
(ii)has a frontage to a highway declared to be a new street by an order under section 30 of the M11Public Health Act 1925 and lies within the minimum width of the street prescribed by any byelaws or local Act applicable by virtue of the order; and
(b)is, or is part of—
(i)a dwelling erected before, or under construction on, the date on which the order is made; or
(ii)the curtilage of any such dwelling.
Note
This paragraph does not include any land in which the appropriate authority have previously acquired an interest either in pursuance of a blight notice served by virtue of this paragraph or by agreement in circumstances such that they could have been required to acquire it in pursuance of such a notice.
20E+WLand indicated by information published in pursuance of section 257 of the M12Housing Act 1985 as land which a local authority propose to acquire in the exercise of their powers under the provisions of Part VIII of that Act relating to general improvement areas.
Marginal Citations
21E+WLand authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable.
22E+WLand in respect of which—
(a)a compulsory purchase order is in force; or
(b)there is in force a compulsory purchase order providing for the acquisition of a right or rights over that land;
and the appropriate authority have power to serve, but have not served, notice to treat in respect of the land or, as the case may be, the right or rights.
Notes
(1)This paragraph applies also to land in respect of which—
(a)a compulsory purchase order has been submitted for confirmation to, or been prepared in draft by, a Minister, and
(b)a notice has been published under paragraph 3(1)(a) of Schedule 1 to the M13Acquisition of Land Act 1981 or under any corresponding enactment applicable to it.
(2)Note (1) shall cease to apply when—
(a)the relevant compulsory purchase order comes into force (whether in its original form or with modifications); or
(b)the Minister concerned decides not to confirm or make the order.
Marginal Citations
[F1623E+WLand—
(a)the compulsory acquisition of which is authorised by an order under section 1 or 3 of the Transport and Works Act 1992, or
(b)which falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable, or
(c)which is the subject of a proposal, contained in an application made in accordance with rules under section 6 of that Act or in a draft order prepared under section 7(3) of that Act, that it should be such land.]
Textual Amendments
F16Sch. 13 para. 23 added (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 16(2); S.I. 1992/2784, art. 2(a), Sch. 1
[F1724E+WLand falls within this paragraph if—
(a)the compulsory acquisition of the land is authorised by an order granting development consent, or
(b)the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an order granting development consent are exercisable, or
(c)an application for an order granting development consent seeks authority to compulsorily acquire the land.]
Textual Amendments
F17Sch. 13 para. 24 inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(2), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4 (with art. 6)
Textual Amendments
F18Sch. 13 para. 25 and cross-heading inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(2), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4 (with art. 6)
25E+WLand falls within this paragraph if the land is in a location identified in a national policy statement as suitable (or potentially suitable) for a specified description of development.
Note
Land ceases to fall within this paragraph when the national policy statement—
ceases to have effect, or
ceases to identify the land as suitable or potentially suitable for that description of development.]