Search Legislation

Planning and Compulsory Purchase Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 79

 Help about opening options

Alternative versions:

Status:

Point in time view as at 25/07/2008.

Changes to legislation:

Planning and Compulsory Purchase Act 2004, Section 79 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

79Crown application of planning ActsE+W
This section has no associated Explanatory Notes

(1)In Part 13 of the principal Act before section 293 (preliminary definitions for Part 13) there is inserted the following section—

292AApplication to the Crown

(1)This Act binds the Crown.

(2)But subsection (1) is subject to express provision made by this Part.

(2)In the listed buildings Act after section 82 there is inserted the following section—

82AApplication to the Crown

(1)This Act (except the provisions specified in subsection (2)) binds the Crown.

(2)These are the provisions—

(a)section 9;

(b)section 11(6);

(c)section 21(7);

(d)section 42(1), (5) and (6);

(e)section 43;

(f)section 44A;

(g)section 54;

(h)section 55;

(i)section 59;

(j)section 88A.

(3)But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7.

(3)In the hazardous substances Act after section 30 there are inserted the following sections—

30AApplication to the Crown

(1)This Act (except the provisions specified in subsection (2)) binds the Crown.

(2)The provisions are—

(a)section 8(6);

(b)section 23;

(c)section 26AA;

(d)section 36A;

(e)section 36B(2).”

30BCrown application: transitional

(1)This section applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land.

(2)The appropriate authority must make a claim in the prescribed form before the end of the transitional period.

(3)The claim must contain the prescribed information as to—

(a)the presence of the substance during the establishment period;

(b)how and where the substance was kept and used.

(4)Unless subsection (5) or (7) applies, the hazardous substances authority is deemed to have granted the hazardous substances consent claimed in pursuance of subsection (2).

(5)This subsection applies if the hazardous substances authority think that a claim does not comply with subsection (3).

(6)If subsection (5) applies, the hazardous substances authority must, before the end of the period of two weeks starting with the date they received the claim—

(a)notify the claimant that they think the claim is invalid;

(b)give their reasons.

(7)This subsection applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity.

(8)Hazardous substances consent which is deemed to be granted under this section is subject—

(a)to the condition that the maximum aggregate quantity of the substance that may be present for the purposes of this subsection at any one time must not exceed the established quantity;

(b)to such other conditions (if any) as are prescribed for the purposes of this section and are applicable in the case of the consent.

(9)A substance is present for the purposes of subsection (8)(a) if—

(a)it is on, over or under land to which the claim for consent relates,

(b)it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or

(c)it is in or on a structure controlled by the Crown any part of which is within 500 metres of it,

and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of paragraphs (a) to (c) must be counted only once.

(10)The establishment period is the period of 12 months ending on the day before the date of commencement of section 79(3) of the Planning and Compulsory Purchase Act 2004.

(11)The transitional period is the period of six months starting on the date of commencement of that section.

(12)The established quantity in relation to any land is the maximum quantity which was present on, over or under the land at any one time within the establishment period.

(4)Schedule 3 amends the planning Acts in relation to the application of those Acts to the Crown.

Commencement Information

I1S. 79 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2S. 79 in force at 7.6.2006 in so far as not already in force by S.I. 2006/1281, art. 2(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources