Town and Country Planning Act 1990

4 National Parks. E+W

(1) As respects an area in a National Park outside a metropolitan county all functions conferred by or under the planning Acts on a local planning authority or district planning authority shall, subject to subsections (2) and (3), be functions of the county planning authority and no other authority, and references in those Acts in their application to a National Park outside a metropolitan county to a local planning authority or district planning authority shall be construed accordingly.

(2) The functions conferred on a local planning authority by sections 198 to 201, 206 to 209 and 211 to 215 shall as respects any part of a National Park outside a metropolitan county be exercisable concurrently with the county planning authority by the district planning authority whose area includes that part of the Park.

(3) Where an order is made under section 7 of the National Parks and Access to the M1 Countryside Act 1949 designating or extending the area of a National Park, the functions exercisable by a local planning authority immediately before the coming into force of the order for any area which under the order becomes part of the Park shall continue to be exercisable by that authority as respects that area unless and until a joint planning board is constituted under section 2 [F1 , a special planning board is constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972] or a National Park Committee is appointed under Part I of [F2 that Schedule] for an area co-terminous with or including that area or, as the case may be, is authorised to exercise those functions.

(4) Where a joint planning board for a National Park situated partly in one or more metropolitan counties is the local planning authority as respects the part of the Park situated in that county or those counties, it shall continue to be so.

[F3 (5) This section shall have effect subject to section 4A below.]

Textual Amendments

F1 Words in s. 4(3) inserted (3.4.1995) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(1)(b)(i) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F2 Words in s. 4(3) substituted (3.4.1995) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(1)(b)(ii) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F3 S. 4(5) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

Marginal Citations

M1 1949 c. 97.