The Urban Development Corporations in England (Planning Functions) Order 1998

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Urban Development Corporations in England (Planning Functions) Order 1998 and shall come into force on 25th March 1998.

(2) In this Order—

“the 1980 Act” means the Local Government, Planning and Land Act 1980;

“the 1990 Act” means the Town and Country Planning Act 1990;

“the authority” means in relation to each Corporation the authority which, but for an order made under section 149 of the 1980 Act, would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;

“Corporation” means any of the following, namely—

(a)

the Birmingham Heartlands Development Corporation;

(b)

the Black Country Development Corporation;

(c)

the Merseyside Development Corporation;

(d)

the Plymouth Development Corporation;

(e)

the Teesside Development Corporation;

(f)

the Trafford Park Development Corporation; and

(g)

the Tyne and Wear Development Corporation; and

“development area” in relation to a Corporation means an area for which the Corporation was established, or in relation to which the Corporation was directed by order to perform the functions of an urban development corporation, and which was designated as an urban development area by an order made under section 134 of the 1980 Act(1).

Revocation of planning functions and special development orders

2.  The Orders listed in the Schedule to this Order are hereby revoked.

Transitional provisions in connection with planning functions

3.  Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Corporation in connection with any of the functions transferred to it under an order made under section 149 of the 1980 Act may be continued after that date by, to or in relation to the authority.

Liability for compensation in connection with planning functions; section 106 planning obligations

4.—(1) Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act(2) or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990(3) in consequence of action taken in relation to land within a development area by a Corporation, that Corporation shall be liable for any compensation which is payable(4).

(2) Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act(5) in respect of a matter arising before that date, which relates to land within a development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.

(3) A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act(6) before the date of the coming into force of this Order which identifies the Corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.

Signed by authority of the Secretary of Statefor the Environment

R. G. Caborn

Minister of State,

Department of the Environment, Transport and the Regions

19th January 1998