Town and Country Planning Act 1990

245 Modification of incorporated enactments for purposes of this Part. E+W

(1) Where—

(a) it is proposed that land should be acquired compulsorily under section 226 or 228, and

(b) a compulsory purchase order relating to that land is submitted to the confirming authority in accordance with Part II of the M1 Acquisition of Land Act 1981 or, as the case may be, is made in draft by [F1 the Secretary of State for [F2 Levelling Up, Housing and Communities]] in accordance with Schedule 1 to that Act,

the confirming authority or, as the case may be, that Secretary of State may disregard for the purposes of that Part or, as the case may be, that Schedule any objection to the order or draft which, in the opinion of that authority or Secretary of State, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.

(2) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In construing the M2 Compulsory Purchase Act 1965 in relation to any of the provisions of this Part—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and

(c) references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.

Textual Amendments

F1 Words in s. 245 substituted (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), art. 9, Sch. para. 3(3)

F2 Words in s. 245(1)(b) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 6(2)(b) (with art. 12)

F3 S. 245(2)(3) repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 7, Sch. 9 (with s. 111, Sch. 6 para. 7(2)); S.I. 2004/2593, art. 2

F4 S. 245(4)(a) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 10; S.I. 2016/733, reg. 3(m)

Modifications etc. (not altering text)

C1 S. 245 applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 49(4)(d), 70(1)

C2 S. 245 applied (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 45(4)(c), 64(1)

C3 S. 245(1)(b): functions of the First Secretary of State transferred to the Secretary of State for Communities and Local Government (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), art. 4(1)(b)

Marginal Citations

M1 1981 c.67.

M2 1965 c.56.