Local Government (Wales) Act 1994

Section 20(4).

SCHEDULE 6 E+W Minor and Consequential Amendments: Planning

Part I E+W The 1972 Act: National Parks and Countryside Functions

1 E+W In section 184 of the 1972 Act (National Park and countryside functions), for subsection (1) substitute—

“(1) [F1 Subject to section 68 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),]the functions conferred on a local planning authority by or under the National Parks and Access to the M1 Countryside Act 1949 and the M2 Countryside Act 1968 shall—

(a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and

(b) as respects Wales, be exercisable in accordance with subsections (6) to (8) below.”

Textual Amendments

F1 Words in Sch. 6 para. 1 inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 38(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

Marginal Citations

M1 1949 c. 97.

M2 1968 c. 41.

2 E+W Schedule 17 to the 1972 Act is amended as provided in [F2 paragraphs 13 and 14].

Textual Amendments

F2 Words in Sch. 6 para. 2 substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 38(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2, Sch.

Commencement Information

I1 Sch. 6 para. 2 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

F3 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F4 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F5 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F6 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F7 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F8 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F9 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F10 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F11 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F12 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

13 After paragraph 35 (application of section 61 of National Parks and Access to the Countryside Act 1949) insert—

In relation to Wales, paragraph 35 above has effect as if—

(a) for “1974” there were substituted “1996”;

(b) for “and the county council” there were substituted “and the principal council”.”

14 E+W In paragraph 37 (identification of local planning authority), after “in relation to land” insert “ in England ”.

Part II E+W Other Enactments

The National Parks and Access to the Countryside Act 1949 (c. 97) E+W

15 (1) In section 57 of the National Parks and Access to the Countryside Act 1949 (penalty for displaying on footpaths notices deterring public use), in subsection (3), after “district” insert “ or, where they are not the highway authority, the council of the Welsh county or county borough ”. E+W

(2) The provisions of section 69 of that Act (suspension of public access to avoid exceptional risk of fire) shall be subsection (1) of that section and at the end of that section add—

“(2) The reference in subsection (1) of this section to the county planning authority is to be read, in relation to Wales, as a reference to the local planning authority.”

(3) In Schedule 1 to that Act (orders designating National Parks and other orders)—

(a) in paragraph 1(3)(a), for “area of every county planning authority whose area” substitute “ every county or county borough which ”;

(b) in paragraph 2(5), after “county planning authority” insert “ or, in Wales, the local planning authority ”.

The Local Government, Planning and Land Act 1980 (c. 65) E+W

16 (1) In section 148 of the Local Government, Planning and Land Act 1980 (planning control), in subsection (4) for “References” substitute “ Except in relation to land in Wales, references ”. E+W

(2) In Schedule 28 to that Act (powers of urban development corporations), in paragraph 11(2)(i), after “district planning authority” insert “ or, in Wales, the local planning authority ”.

The Acquisition of Land Act 1981 (c. 67) E+W

17 (1) In section 17 of the Acquisition of Land Act 1981 (special parliamentary procedure for purposes of acquisition of local authority and statutory undertakers’ land)— E+W

(a) in subsection (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

(b) in subsection (4), after the definition of “statutory undertakers” add—

• ““a Welsh planning board” means a board constituted under—

  (a)

  section 2(1B) of the M3 Town and Country Planning Act 1990; or

  (b)

  paragraph 3A of Schedule 17 to the M4 Local Government Act 1972.”

(2) In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land)—

(a) in sub-paragraph (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

(b) in sub-paragraph (4), after the definition of “statutory undertakers” add—

• ““a Welsh planning board” means a board constituted under—

  (a)

  section 2(1B) of the Town and Country Planning Act 1990; or

  (b)

  paragraph 3A of Schedule 17 to the Local Government Act 1972.”

Marginal Citations

M3 1990 c. 8.

M4 1972 c. 70.

The Litter Act 1983 (c. 35) E+W+S

F13 18 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

The Housing Act 1985 (c. 68) E+W

19 E+W In section 573 of the Housing Act 1985 (meaning of “public sector authority”), in subsection (1), after “the Lake District Special Planning Board” insert—

“a Welsh planning board,”

and, after that subsection, insert—

“(1A) For the purposes of subsection (1), “a Welsh planning board” means a board constituted under—

(a) section 2(1B) of the Town and Country Planning Act 1990; or

(b) paragraph 3A of Schedule 17 to the Local Government Act 1972.”

The Local Government Act 1988 (c. 9) E+W+S

20 E+W+S In Schedule 2 to the Local Government Act 1988 (public authorities for the purposes of public supply or works contracts), after “The Peak Park Joint Planning Board” insert—

“A joint planning board constituted under section 2(1B) of the M5 Town and Country Planning Act 1990.

A special planning board constituted under paragraph 3A of Schedule 17 to the M6 Local Government Act 1972.”

Marginal Citations

M5 1990 c. 8.

M6 1972 c. 70.

The Local Government Finance Act 1988 (c. 41) E+W

21 E+W In Section 74 of the Local Government Finance Act 1988 (power of Secretary of State to make regulations authorising a levying body to issue a levy) at the end add—

“(7) For the purposes of this section—

(a) a Welsh joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990; and

(b) a special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972,

shall be treated as a levying body with respect to which regulations may be made under subsection (2) above.”

Commencement Information

I2 Sch. 6 para. 21 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

The Electricity Act 1989 (c. 29) E+W+S

22 E+W+S In Schedule 8 to the Electricity Act 1989 (consents for generating stations and overhead lines), in paragraph 2(6), in paragraph (a) omit “and Wales” and after that paragraph insert—

“(aa) in relation to Wales, means a local planning authority;”.

The Local Government and Housing Act 1989 (c. 42) E+W+S

F14 23 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

The Town and Country Planning Act 1990 (c. 8) E+W

24 F15 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) In section 110(2) of that Act (registration of compensation for depreciation), after “district” insert “ , Welsh county, county borough ”.

(3) In section 137(2) of that Act (service of purchase notice), after “district” insert “ , Welsh county, county borough ”.

(4) In section 140(2) of that Act (notice to be given by Secretary of State where purchase notice referred to him), in paragraph (c)—

(a) at the beginning, insert “ in England ”, and

(b) after “to that board;” insert—

“(cc) in Wales, to the local planning authority, where it is a joint planning board;”.

(5) In section 188(1) of that Act (register of enforcement and stop notices), after “planning authority” insert “ , every local planning authority for an area in Wales ”.

(6) In section 226 of that Act (compulsory acquisition of land for development and other planning purposes), in subsection (6)—

(a) in paragraph (a), after first “county” insert “ in England ”; and

(b) in paragraph (b), after “the district;” insert—

“(bb) if the land is in Wales, consult with the council of the county or county borough;”,

and, in subsection (8), after “counties,” insert “ county boroughs, ”.

(7) In section 227(1) of that Act (acquisition of land by agreement), after “county,” insert “ county borough, ”.

(8) In section 231(1) of that Act (power of Secretary of State to require acquisition or development of land), after “county,” insert “ county borough, ”.

(9) In section 247(3)(b) of that Act (highways affected by development: orders by Secretary of State), after “county council,” insert “ county borough council, ”.

(10) In section 252 of that Act (procedure for making of orders under Part X), in subsection (12), in the definition of “local authority”—

(a) after “county,” insert “ county borough, ”; and

(b) after first “parish” insert “ , community ”.

(11) In section 253(4) of that Act (procedure in relation to orders for stopping up or diversion of highways in anticipation of planning permission), after “county,” insert “ county borough, ”.

(12) In section 307(1) of that Act (assistance for acquisition of property where objection made to blight notice in certain cases), after “county,” insert “ county borough, ”.

(13) In section 336 of that Act (interpretation), in subsection (1)—

(a) in the definition of “authority possessing compulsory purchase powers”, after “or county council” insert “ or county borough council ”;

(b) in the definition of “development plan”, for “27” substitute “ 27, 27A ”; and

(c) in the definition of “mineral planning authority”, for “1(4)” substitute “ 1 ”.

(14) After section 336(1) of that Act insert—

“(1A) In this Act—

(a) any reference to a county (other than one to a county planning authority) shall be construed, in relation to Wales, as including a reference to a county borough;

(b) any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and

(c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.”

(15) In paragraph 8 of Schedule 1 to that Act (local planning authorities: distribution of functions), in sub-paragraphs (1) and (2)(a), omit “or community”.

(16) In paragraph 3 of Schedule 13 to that Act (blighted land), for “for the district in which it” substitute “ where the land ”.

(17) In paragraph 1 of Schedule 14 to that Act (procedure for footpaths and bridleways orders)—

(a) in sub-paragraph (2)(b)(ii), after first “rural parish” insert “ or community ”; and

(b) in sub-paragraph (3), in the definition of “council”, after “county council,” insert “ a county borough council, ”.

(18) In Part I of Schedule 16 to that Act (provisions referred to in sections 314 to 319 of that Act), for “Section 1(1), (2), (3) and (5)” substitute “ Section 1(1) to (3), (5) and (6) ”.

(19) In paragraph 4 of Schedule 17 to that Act (enactments exempted from section 333(6)), after “a county council” insert “ , county borough council ”.

Textual Amendments

F15 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Commencement Information

I3 Sch. 6 para. 24 partly in force; Sch. 6 para. 24 not in force at Royal Assent see s. 66; Sch. 6 para. 24(1)(b) in force at 3.4.1995 by S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6)); Sch. 6 para. 24(10)(b)(17)(a) in force at 1.10.1995 by S.I. 1995/2490, art. 4(1), Sch. 2 (subject to art. 4(2)(3)); Sch. 6 para. 24(2)-(10)(a)(11)-(16)(17)(b)(18)(19) in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) E+W

25 (1) In section 2 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (publication of lists)— E+W

(a) in subsection (1), after “any district” insert “ , Welsh county, county borough, ”, omit “and” at the end of paragraph (a), and at the end of that subsection add “and

(c) in the case of a Welsh county or county borough—

(i) with the county council or (as the case may be) the county borough council; and

(ii) with the local planning authority, if different from that council.”, and

(b) in subsection (3)(a), after “district” insert “ , Welsh county, county borough, ”.

(2) In section 3 of that Act (temporary listing: building preservation notices), in subsection (1), for “, other than” substitute “ in Wales, or to a local planning authority in England who are not ”.

(3) In section 32(1) of that Act (purchase notice on refusal or conditional grant of listed building consent), after “district” insert “ , Welsh county, county borough, ”.

(4) In section 34(2) of that Act (procedure on reference of listed building purchase notice to Secretary of State), in paragraph (c)—

(a) at the beginning insert “ in England ”; and

(b) after “to that board;” insert—

“(cc) in Wales, to the local planning authority, where it is a joint planning board;”.

(5) In section 46(5) of that Act (issue of listed building enforcement notice by the Secretary of State), after “an area” insert “ in England ”.

(6) In section 47(7) of that Act (compulsory acquisition of listed building in need of repair), in paragraph (a) of the definition of “the appropriate authority”, after “county” insert “ , county borough ”.

(7) In section 52(1) of that Act (acquisition of land by agreement), after “county,” insert “ county borough, ”.

(8) In section 57(7) of that Act (local authorities who may contribute to preservation of listed buildings etc.), in paragraph (a), after “county,” insert “ county borough, ”.

(9) In section 79(3) of that Act (local authorities for purposes of town scheme agreements), after paragraph (a) insert—

“(aa) a county borough council;”.

(10) In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), the provisions of paragraph 1 shall be sub-paragraph (1) of that paragraph, and at the end of that paragraph add—

“(2) This Schedule shall apply in relation to Wales as if—

(a) paragraphs 2 to 5 were omitted;

(b) in paragraph 7, each reference to a district planning authority (or which is to be construed as such a reference) were a reference to the local planning authority.”

The Planning (Hazardous Substances) Act 1990 (c. 10) E+W

26 (1) In section 1 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: general), after “district” insert “ , Welsh county, county borough ”. E+W

(2) In section 3(1) of that Act (hazardous substances authorities: other special cases), after “non-metropolitan county” insert “ in England ”.

The Planning (Consequential Provisions) Act 1990 (c. 11) E+W

27 E+W In Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings), in paragraph 8(1), after “district planning authority” insert “ or, in Wales, the local planning authority ”.

The Environmental Protection Act 1990 (c. 43) E+W+S

F16 28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

The Local Government (Overseas Assistance) Act 1993 (c. 25) E+W+S

F17 29 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 6 paras. 3-12, 18, 23, 24(1), 28, 29 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.