Town and Country Planning Act 1990

Land allocated for public authority functions in development plans etc. E+W

1 E+W F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 13 paras. 1-4 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(2), Sch. 9 (with s. 111); S.I.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)

[F2 1A E+W Land which is identified for the purposes of relevant public functions by a development plan document for the area in which the land is situated [F3 or 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(3) But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.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

F2 Sch. 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)

F3 Words 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)

F4 Sch. 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)

F5 Sch. 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)

[F6 1B E+W Land in Wales which is identified for the purposes of relevant public functions by a local development plan [F7 or strategic development plan] for the area in which the land is situated.

Notes

(1) Relevant public functions are—

(a) the functions of the [F8 Welsh Ministers], 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 [F9 or strategic development plan] is—

(a) a local development plan [F9 or strategic 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 [F10 such a 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 [F11 or strategic development plan] which has been submitted to the [F12 Welsh Ministers] for independent examination under section 64(1) of the 2004 Act;

(d) a revision of [F13 such a plan] in pursuance of section 70 of the 2004 Act if the plan has been submitted to the [F14 Welsh Ministers] 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 [F15 or 66A] 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 F16 ... plan to the [F17 Welsh Ministers] for independent examination is to be taken to include the holding of an independent examination by the [F17 Welsh Ministers] under section 65 or section 71 of the 2004 Act.]

Textual Amendments

F6 Sch. 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)

F7 Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(2), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F8 Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(3), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F9 Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(a), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F10 Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(b), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F11 Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(c)(i), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F12 Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(c)(ii), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F13 Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(d)(i), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F14 Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(4)(d)(ii), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F15 Words in Sch. 13 para. 1B inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 15; S.I. 2020/1216, reg. 2(b)

F16 Words in Sch. 13 para. 1B omitted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 10(5)(a), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

F17 Words in Sch. 13 para. 1B substituted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(5)(b), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

[F18 1C E+W Land in Wales which is identified for the purposes of relevant public functions (within the meaning of paragraph 1B) by the National Development Framework for Wales.

Notes

(1)

In this paragraph, the reference to the National Development Framework for Wales is a reference to—

(a)

the National Development Framework for Wales, or a revised Framework, which is published under sections 60 to 60C of the Planning and Compulsory Purchase Act 2004, and

(b)

a draft of the Framework, or of a revised Framework, which has been laid before the National Assembly for Wales under section 60B(3) of that Act.

(2)

This paragraph does not apply to land that falls within paragraph 1B.

(3)

Note (1)(b) ceases to apply in relation to a draft of a revised Framework if the Welsh Ministers lay before the National Assembly for Wales a copy of a notice that they have decided not to proceed with the revision of the Framework.]

Textual Amendments

F18 Sch. 13 para. 1C inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 10(6), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)

2 E+W F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 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)

3 E+W F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 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)

4 E+W F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 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)

5 E Land 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 [F22 relevant public functions (within the meaning of paragraph 1A)] .

Extent Information

E1 This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

F22 Words 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

5 W Land 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 [F24 relevant public functions (within the meaning of paragraph 1A or 1B)] .

Extent Information

E3 This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

F24 Words 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)

6 E Land in respect of which a local planning authority—

(a) have resolved to take action to safeguard it for development for the purposes of [F23 relevant 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

E2 This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

F23 Words 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

6 W Land in respect of which a local planning authority—

(a) have resolved to take action to safeguard it for development for the purposes of [F25 relevant 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

E4 This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

F25 Words 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)