The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1281 |
| Year | 2006 |
2006 No. 1281 (C. 43)
TOWN AND COUNTRY PLANNING
The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006
Made 10th May 2006
Laid before Parliament 17th May 2006
Coming into force 7th June 2006
The Secretary of State, in exercise of the powers conferred by sections 121 and 122 of the Planning and Compulsory Purchase Act 20041with the agreement of the Scottish Ministers2and after consultation with the National Assembly for Wales3, makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006.
(2) In this Order—
“the 2004 Act” means the Planning and Compulsory Purchase Act 2004; and
“the 1990 Act” means the Town and Country Planning Act 19904.
Provisions coming into force on 7th June 2006 in relation to England and Wales
2. The following provisions of the 2004 Act shall come into force in relation to England and Wales on 7th June 2006—
(a) sections 79 to 89 (in so far as they are not yet in force);
(b) section 112;
(c) Schedule 3 (in so far as it is not yet in force);
(d) Schedule 4;
(e) Schedule 6, paragraph 2; and
(f) Schedule 9 so far as it gives effect to the following repeals—
(i) the word “local” in section 55(2)(b) of the 1990 Act;
(ii) sections 293(4), 294 to 297, 298(1) and (2) and 299 to 301 of the 1990 Act;
(iii) sections 83 and 84 of the Planning (Listed Buildings and Conservation Areas) Act 19905;
(iv) the omission of “83, 84,” in section 92(2)(a) of that Act; and
(v) sections 31(1) and (2) and 32 of the Planning (Hazardous Substances) Act 19906.
Provision coming into force on 7th June 2006 in relation to England, Scotland and Wales
3. Section 111(1) of the 2004 Act shall come into force in relation to England, Scotland and Wales on 7th June 2006.
Provisions coming into force on 7th June 2006 in relation to Scotland
4. Section 91 (in so far as it is not yet in force) shall come into force in relation to Scotland on 7th June 2006.
Consequential Provisions
5. In the 1990 Act—
(a) in section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order)7in subsection (1)—
(i) in paragraph (b) after “on an application made under Part III” insert “or section 293A”8; and
(ii) in sub-paragraph (i) of that paragraph after “under Part III” insert “or section 293A”;
(b) in section 247 (highways affected by development orders by Secretary of State)9in subsections (1)(a) and (2A)(a)10after “under Part III” insert “or section 293A”;
(c) in section 257(1)(a) (footpaths and bridleways affected by development: orders by other authorities) after “under Part III” insert “or section 293A”;and
(d) in section 336(1)(interpretation) in the definitions of “planning decision” and “planning permission” after “under Part III” insert “or section 293A”.
6. In the Planning (Listed Buildings and Conservation Areas) Act 1990 in section 74(3)(Control of demolition in conservation areas) for “83(1)(b), (3) and (4)” substitute “82A to 82D”.
7. In the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 199211in regulation 2 (application) omit “or section 299A”.
8. In the Town and Country Planning (General Development Procedure) Order 199512—
(a) in article 6 (notice of applications for planning permission) omit paragraph (7); and
(b) in article 24 (certificate of lawful use or development) in paragraph (2A)13omit “, by virtue of section 299(2) of the Act,” in both places where they occur.
9. In the Visiting Forces and International Headquarters (Application of Law) Order 199914, in article 11(1), for “section 83(5)” substitute “section 82C”15.
10. In the Town and Country Planning (Trees) Regulations 199916in the form of tree preservation order set out in the Schedule—
(a) in article 4 (prohibited acts in relation to trees) for “subsection (3) of section 200 (orders affecting land where Forestry Commissioners interested)” substitute “subsection (1) of section 20017(tree preservation orders: Forestry Commissioners)”; and
(b) omit article 11 (orders made by virtue of section 300).
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th May 2006
(This note is not part of the Order)
Article 2 of this Order brings into force on 7th June 2006, in relation to England and Wales, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”)—
sections 79 to 89 (Crown application of planning Acts)(in so far as they are not yet in force);
section 112 (application of planning Acts and the Act to Parliament);
Schedule 3 (Crown application of planning Acts)(in so far as it is not yet in force);
Schedule 4 (transitional provisions: Crown Application);
Paragraph 2 of Schedule 6 (amendment of section 55(2)(b) of the Town and Country Planning Act 1990 (“the 1990 Act”)); and
Schedule 9 (repeals) so far as it gives effect to the following repeals—
(i) the word “local” in section 55(2)(b) of the 1990 Act;
(ii) sections 293(4), 294 to 297, 298(1) and (2) and 299 to 301 of the 1990 Act;
(iii) sections 83 and 84 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the consequential repeal in section 92(2)(a) of the Planning (Listed Buildings and Conservation Areas) Act 1990; and
(iv) sections 31(1) and (2) and 32 of the Planning (Hazardous Substances) Act 1990.
Article 3 brings into force on 7th June 2006, in relation to England, Scotland and Wales, section 111(1) of the Act (application of the Act to the Crown).
Article 4 brings into force on 7th June 2006, in relation to Scotland, section 91 of the Act (special provision for certain circumstances where disclosure of information as to national security may occur: Scotland)(in so far as it is not yet in force).
Articles 5 to 10 contain consequential provisions so that references to decisions made or permission granted under Part III of the 1990 Act also include decisions made and planning permission granted under section 293A of that Act. Section 293A of the 1990 Act (urgent Crown development: application) was inserted by section 82 of the Act.
(This note is not part of the Order)
Provision |
Date of Commencement |
S.I.No. |
Sections 1 to 3 (partially) |
6th August 2004 |
2004/2097 |
Sections 1 to 3 as to England (in so far as not already in force |
28th September 2004 |
2004/2202 |
Section 4 as to England |
28th September 2004 |
2004/2202 |
Section 5 (partially) |
6th August 2004 |
2004/2097 |
Section 5 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Sections 6 and 7 as to England |
28th September 2004 |
2004/2202 |
Section 8 (partially) |
6th August 2004 |
2004/2097 |
Section 8 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Section 9 as to England |
28th September 2004 |
2004/2202 |
Sections 10 to 15 (partially) |
6th August 2004 |
2004/2097 |
Sections 10 to 15 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Section 16 (partially) |
6th August 2004 |
2004/2097 |
Section 16 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Section 17 (partially) |
6th August 2004 |
2004/2097 |
Section 17 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Section 18 as to England |
28th September 2004 |
2004/2202 |
Sections 19 to 22 (partially) |
6th August 2004 |
2004/2097 |
Sections 19 to 22 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Section 23 as to England |
28th September 2004 |
2004/2202 |
Sections 24 to 26 (partially) |
6th August 2004 |
2004/2097 |
Sections 24 to 26 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Section 27 as to England |
28th September 2004 |
2004/2202 |
Sections 28 and 29 (partially) |
6th August 2004 |
2004/2097 |
Section 28 and 29 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Section 30 as to England |
28th September 2004 |
2004/2202 |
Section 31 (partially) |
6th August 2004 |
2004/2097 |
Section 31 as to England (in so far as not yet already in force) |
28th September 2004 |
2004/2202 |
Section 32 to 34 as to England |
28th September 2004 |
2004/2202 |
Sections 35 and 36 (partially) |
6th August 2004 |
2004/2097 |
Sections 35 and 36 as to England (in so far as not already in force) |
28th September 2004 |
2004/2202 |
Sections 37 to 39 as to England |
28th September 2004 |
2004/2202 |
Sections 40 to 42 (partially) |
6th August 2004 |
2004/2097 |
Sections 40 and 41 as to England |
10th May 2006 |
2006/1061 |
Section 42(1) and (5) to (9) as to England |
10th August 2006 |
2006/1061 |
Section 43 (partially) |
24th August 2005 |
2005/2081 |
Section 44 (partially) |
6th August 2004 |
2004/2097 |
Section 44 (in so far as not already in force) |
24th August 2005 |
2005/2081 |
Sections 46 to 50 (partially) |
6th August 2004 |
2004/2097 |
Section 49 as to England |
10th May 2006 |
2006/1061 |
Section 51 |
24th August 2005 |
2005/2081 |
Sections 52 to 54... |
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