Planning and Compulsory Purchase Act 2004

Section 118

SCHEDULE 7 E+W+S Amendments of other enactments

Prospective

Gas Act 1965 (c. 36) E+W+S

1 E+W+S In paragraph 7(2) of Schedule 3 of the Gas Act 1965 after “development order” there is inserted “ or local development order ”.

Finance Act 1969 (c. 32) E+W+S

2 E+W+S In section 58(4) of the Finance Act 1969 (disclosure of information for statistical purposes), in the Table in the entry relating to local planning authorities—

(a) in the first column for “the Town and Country Planning Act 1990” there is substituted “ Part 2 or 6 of the Planning and Compulsory Purchase Act 2004 ”;

(b) In the second column for “Part II of the Town and Country Planning Act 1990” there is substituted “ Part 2 or 6 of the Planning and Compulsory Purchase Act 2004 ”.

Commencement Information

I1 Sch. 7 para. 2 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)

Leasehold Reform Act 1967 (c. 88) E+W+S

3 E+W+S In section 28(6)(a) of the Leasehold Reform Act 1967 (development for certain public purposes) for “Town and Country Planning Act 1990” there is substituted “ Planning and Compulsory Purchase Act 2004 ”.

Commencement Information

I2 Sch. 7 para. 3 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) E+W+S

4 E+W+S In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 after subsection (3) there is inserted the following subsection—

“(4) If a person is entitled in respect of the same interest in land to a payment both—

(a) by virtue of subsection (1), and

(b) under section 33B of the Land Compensation Act 1973 (additional loss payment for agricultural land),

section 33H of that Act (only one payment to be made if a person has dual entitlement) applies.”

Commencement Information

I3 Sch. 7 para. 4 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Countryside Act 1968 (c. 41) E+W+S

5 (1) Paragraph 3 of Schedule 2 to the Countryside Act 1968 is amended as follows. E+W+S

(2) In sub-paragraph (2), after “published” there is inserted “ , affixed ”.

(3) In sub-paragraph (4)(a), after “published” there is inserted “ , affixed ”.

(4) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.

Commencement Information

I4 Sch. 7 para. 5 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Greater London Council (General Powers) Act 1969 (c lii) E+W+S

6 E+W+S In section 13 of the Greater London Council (General Powers) Act 1969 (exercise of powers relating to walkways), in the proviso for the words from “any local plan” to “Schedule 1 to that Act)” there is substituted “ a local development document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004) ”.

Commencement Information

I5 Sch. 7 para. 6 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)

Land Compensation Act 1973 (c. 26) E+W+S

7 (1) The Land Compensation Act 1973 is amended as follows. E+W+S

(2) In section 29 (home loss payments) after subsection (3A) there is inserted the following subsection—

“(3B) For the purposes of this section a person must not be treated as displaced from a dwelling in consequence only of the compulsory acquisition of part of a garden or yard or of an outhouse or appurtenance belonging to or usually enjoyed with the building which is occupied or is intended to be occupied as the dwelling.”

(3) Sections 34 to 36 are omitted.

(4) In section 87(1) (general interpretation) in the definition of “dwelling” “(except in section 29)” is omitted.

(5) But the amendments made by this paragraph do not have effect in relation to a compulsory purchase order made or made in draft before the commencement of this paragraph.

Commencement Information

I6 Sch. 7 para. 7 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Greater London Council (General Powers) Act 1973 (c xxx) E+W+S

8 E+W+S In section 24(4) of the Greater London Council (General Powers) Act 1973 (definitions for the purpose or provision relating to parking place agreements)—

(a) in the definition of appropriate provision for “the Greater London” there is substituted “ their ”;

(b) in the second place where it occurs “Greater London development plan” is omitted.

Commencement Information

I7 Sch. 7 para. 8 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)

Welsh Development Agency Act 1975 (c. 70) E+W+S

9 (1) Schedule 4 to the Welsh Development Agency Act 1975 is amended as follows. E+W+S

(2) Paragraph 2 is omitted.

(3) In paragraph 3, in sub-paragraph (1)(c), for “section 13 of that Act to objections made by an owner, lessee or occupier” there is substituted “ sections 13 and 13A of that Act to relevant objections ”.

(4) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.

Commencement Information

I8 Sch. 7 para. 9 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

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

10 (1) The Local Government, Planning and Land Act 1980 is amended as follows. E+W+S

(2) In section 142 (acquisition by corporation), in subsection (2A), “(subject to section 144(2))” is omitted.

(3) In section 143 (acquisition by local highway authority), in subsection (3A), “(subject to section 144(2))” is omitted.

(4) In section 144, in subsection (2), “the 1981 Act and” is omitted.

(5) In Schedule 28, in paragraph 1, “The 1981 Act and” and the words from “and in paragraph 2” to the end are omitted.

(6) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.

(7) In Schedule 26 (Urban Development Corporations), after paragraph 14 there are inserted the following paragraphs—

“Delegation of planning functions E+W+S

14A (1) This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 149 above.

(2) The corporation may appoint committees and such committees may appoint sub-committees.

(3) Anything which is authorised or required to be done by the corporation—

(a) may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;

(b) may be done by a committee or sub-committee which is so authorised.

(4) The corporation may—

(a) determine the quorum of a committee or sub-committee;

(b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.

(5) Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.

(6) The validity of anything done by a committee or sub-committee is not affected by—

(a) any vacancy among its members;

(b) any defect in the appointment of any of its members.

(7) This paragraph does not extend to Scotland.

Delegation of planning functions E+W+S

14B (1) This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 14A.

(2) A committee may consist of—

(a) such members of the corporation as it appoints;

(b) such other persons as the corporation (with the consent of the Secretary of State) appoints.

(3) A sub-committee of a committee may consist of—

(a) such members of the committee as it appoints;

(b) such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;

(c) such other persons as the corporation (with the consent of the Secretary of State) appoints.

(4) The membership of a committee or sub-committee—

(a) must always include at least one person who is a member of the corporation;

(b) must not include any person who is a member of the staff of the corporation.”

Commencement Information

I9 Sch. 7 para. 10 partly in force; Sch. 7 para. 10(7) in force at 13.7.2004, see s. 121(6)

I10 Sch. 7 para. 10(1)-(6) in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Highways Act 1980 (c. 66) E+W+S

11 (1) The Highways Act 1980 is amended as follows. E+W+S

(2) In section 232(8) after “1990” there is inserted “ and Parts 2 and 6 of the Planning and Compulsory Purchase Act 2004 ”.

(3) In section 232(9) for the definition of development plan there is substituted—

• ““development plan” must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004;

• “local authority” has the same meaning as in the Town and Country Planning Act 1990.”

(4) Section 259(power to confirm, etc, compulsory purchase order in part) is omitted.

(5) The amendment made by sub-paragraph (4) does not apply to a compulsory purchase order of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before the commencement of that sub-paragraph.

Commencement Information

I11 Sch. 7 para. 11(1)-(3) in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)

I12 Sch. 7 para. 11(4)(5) in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

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

12 E+W+S In section 29(5) of the Acquisition of Land Act 1981 for the words “any reference to any owner, lessee or occupier” there are substituted the words “ the reference to a qualifying person for the purposes of section 12(2) ”.

Commencement Information

I13 Sch. 7 para. 12 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

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

13 (1) In section 578A of the Housing Act 1985 (modification of compulsory purchase order in case of acquisition of land for clearance), in subsection (2), for “section 13” there is substituted “ sections 13 to 13C ”. E+W+S

(2) The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 is published before commencement of this paragraph.

Commencement Information

I14 Sch. 7 para. 13 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Education Reform Act 1988 (c. 40) E+W+S

14 (1) The Education Reform Act 1988 is amended as follows. E+W+S

(2) In section 190 (wrongful contracts or disposals), in subsection (6) for the words from “references” to the end there is substituted “ the reference in section 12 of that Act to an owner of the land included reference to the London Residuary Body ”.

(3) In section 201 (wrongful disposals), in subsection (6), for the words from “references” to the end there is substituted “ the reference in section 12 of that Act to an owner of the land included reference to the local education authority concerned ”.

(4) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.

Commencement Information

I15 Sch. 7 para. 14 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Housing Act 1988 (c. 50) E+W+S

15 (1) Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of Acquisition of Land Act 1981) is omitted. E+W+S

(2) The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.

Commencement Information

I16 Sch. 7 para. 15 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Planning and Compensation Act 1991 (c. 34) E+W+S

16 E+W+S In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted.

Commencement Information

I17 Sch. 7 para. 16 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i) (with art. 4, Sch. 2)

Local Government Act 1992 (c. 19) E+W+S

17 E+W+S In section 14(5) of the Local Government Act 1992 (structural changes which may be recommended by the Electoral Commission), paragraph (d) is omitted.

Commencement Information

I18 Sch. 7 para. 17 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) E+W+S

18 (1) Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (modification of Acquisition of Land Act 1981) is amended as follows. E+W+S

(2) In paragraph 1, for “modifications specified in paragraphs 2 and” there is substituted “ modification specified in paragraph ”.

(3) Paragraph 2 is omitted.

(4) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.

Commencement Information

I19 Sch. 7 para. 18 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Environment Act 1995 (c. 25) E+W+S

19 (1) The Environment Act 1995 is amended as follows. E+W+S

(2) In section 67 (which makes provision for a National Park authority to be the local planning authority) subsections (2) to (4) are omitted.

(3) In Schedule 14 (periodic review of mineral planning permissions) in paragraph 2(1), in the definition of “first review date”, for “paragraph 5” there is substituted “ paragraphs 3A and 5 ”.

(4) In Schedule 14 after paragraph 3 there is inserted the following paragraph—

“3A (1) The Secretary of State may by order specify a first review date different from the first review date found in pursuance of paragraph 3(1) or (2).

(2) Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1) or (2).

(3) The Secretary of State may by order specify a first review date.

(4) An order under sub-paragraph (3) may make different provision for different cases or different classes of case.

(5) An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I20 Sch. 7 para. 19 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I21 Sch. 7 para. 19(2) in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(i)

Valid from 12/06/2006

Town and Country Planning (Scotland) Act 1997 (c. 8) E+W+S

20 (1) The Town and Country Planning (Scotland) Act 1997 is amended as follows. E+W+S

(2) In section 26(2)(b) (meaning of “development”), for “local roads authority” there is substituted “ roads authority (as defined by section 151(1) of the Roads (Scotland) Act 1984) ”.

(3) In section 275 (regulations and orders), after subsection (2) there is inserted—

“(2A) Regulations may make different provision for different purposes.”

(4) In Schedule 10 (periodic review of mineral planning permissions)—

(a) in paragraph 2(1), in the definition of “first review date”, for “paragraph 5” there is substituted “ paragraphs 3A and 5 ”; and

(b) after paragraph 3, there is inserted the following paragraph—

“3A (1) The Scottish Ministers may by order specify a first review date different from the first review date found in pursuance of paragraph 3(1) or (2).

(2) Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1) or (2).

(3) The Scottish Ministers may by order specify a first review date.

(4) An order under sub-paragraph (3) may make different provision for different cases or different classes of case.

(5) An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.”

Regional Development Agencies Act 1998 (c. 45) E+W+S

21 (1) Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998 (modifications of Acquisition of Land Act 1981) is omitted. E+W+S

(2) The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice has been published under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) before commencement of this paragraph.

Commencement Information

I22 Sch. 7 para. 21 in force at 31.10.2004 by S.I. 2004/2593, art. 2(d)

Greater London Authority Act 1999 (c. 29) E+W+S

22 (1) The Greater London Authority Act 1999 is amended as follows. E+W+S

(2) In section 337 (publication)—

(a) for “relevant regional planning guidance” there is substituted “ the regional spatial strategy for a region which adjoins Greater London ”;

(b) subsection (10) is omitted.

(3) In section 342(1) (matters to which Mayor is to have regard) for paragraph (a) there is substituted the following—

“(a) the regional spatial strategy for a region which adjoins Greater London;”.

(4) In section 346(b) (Mayor to monitor plans) for “unitary development plan” there is substituted “ local development documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004) ”.

Commencement Information

I23 Sch. 7 para. 22 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)

Countryside and Rights of Way Act 2000 (c. 37) E+W+S

23 E+W+S In section 86(4) of the Countryside and Rights of Way Act 2000—

(a) “II,” is omitted;

(b) at the end there is inserted “ or under Part 2 or 6 of the Planning and Compulsory Purchase Act 2004 ”.

Commencement Information

I24 Sch. 7 para. 23 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(i)