SCHEDULES

SCHEDULE 6 Minor and Consequential Amendments: Planning

Part II Other Enactments

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

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F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”.