Planning (Consequential Provisions) Act 1990

Meaning of “the consolidating Acts”, “the repealed enactments”, etc

1

• (1) In this Act—

• “the consolidating Acts” means the principal Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and, so far as it reproduces the effect of the repealed enactments, this Act,

• “the principal Act” means the Town and Country Planning Act 1990, and

• “the repealed enactments” means the enactments repealed by this Act.

• (2) Expressions used in this Act and in any of the other consolidating Acts have the same meaning as in those Acts.

Continuity, and construction of references to old and new law

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• (1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

• (2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that corresponding provision.

• (3) Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

• (4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

Repeals

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• (1) The enactments specified in Schedule 1 are repealed to the extent specified in the third column of that Schedule.

• (2) Those repeals include the repeal, in accordance with Recommendations of the Law Commission, of section 105(4) and (5) of the 1968 Act and section 21(7A) and (8) of the 1971 Act as no longer of practical utility.

• (3) The repeals have effect subject to any relevant savings in Schedule 3.

Consequential amendments

4

Schedule 2 (which makes consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 3.

Transitional provisions and savings

5

• (1) Schedule 3 (which makes transitional provision and contains savings in connection with the repeals made by this Act) shall have effect.

• (2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

Transitory modifications

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Schedule 4 (which makes transitory modifications of the consolidating Acts) shall have effect.

Short title, commencement and extent

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• (1) This Act may be cited as the Planning (Consequential Provisions) Act 1990.

• (2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

• (3) This Act does not extend to Scotland or Northern Ireland except (subject to subsection (4)) so far as it affects other enactments so extending.

• (4) The repeals in Part II of Schedule 1 extend to England and Wales only and those in Part III of that Schedule to Scotland only.

SCHEDULE 1

Part I — General

Part II — England and Wales only

Part III — Scotland only

SCHEDULE 2

The Finance Act 1931 (c. 28)

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The Mineral Workings Act 1951 (c. 60)

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In section 41(2A) of the Mineral Workings Act 1951 for the words “the Town and Country Planning Act 1971”, in both places where they occur, there shall be substituted the words “the Town and Country Planning Act 1990”.

The Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

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• (1) In section 1(1)(b) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words “the Town and Country Planning Act, 1947” there shall be substituted the words “the Town and Country Planning Act 1990”.

• (2) In section 2(3) of that Act for the words “section seventeen of the Town and Country Planning Act, 1947” there shall be substituted the words “section 64 of the Town and Country Planning Act 1990”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 5(2) of that Act for the words “the Town and Country Planning Act, 1947” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Historic Buildings and Ancient Monuments Act 1953 (c. 49)

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• (1) In section 5A(1)(b) of the Historic Buildings and Ancient Monuments Act 1953, for the words “section 277 of the Town and Country Planning Act 1971” there shall be substituted the words “section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

• (2) In section 5B(1) of that Act, for the words “section 114 or 119(1)(b) or (c) of the Town and Country Planning Act 1971” there shall be substituted the words “section 47 or 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

The Opencast Coal Act 1958 (c. 69)

5

In the Opencast Coal Act 1958—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in section 15(6) and (7) for the words “the Act of 1971” in each place where they occur there shall be substituted the words “the Act of 1990”;

• (c) in section 51(1)—

• (i) there shall be inserted at the appropriate place

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

; and

• (ii) in the definition of “planning permission” for the words “the Act of 1971” there shall be substituted the words “the Act of 1990”.

The Town and Country Planning Act 1959 (c. 53)

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For paragraph (c) of section 26(5) of the Town and Country Planning Act 1959 there shall be substituted—

(c) to section 233 of the Town and Country Planning Act 1990 (which relates to the disposal of land for planning purposes)

.

The Radioactive Substances Act 1960 (c. 34)

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The Caravan Sites and Control of Development Act 1960 (c. 62)

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At the end of section 29(4) of the Caravan Sites and Control of Development Act 1960 there shall be inserted the words “or granted on the designation of an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980”.

The Land Compensation Act 1961 (c. 33)

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• (1) In paragraph 1 of Schedule 2 to the Land Compensation Act 1961—

• (a) in sub-paragraph (2)(b) for the words from “under” to “1971” there shall be substituted the words “under Part IX of the Town and Country Planning Act 1990 or sections 47 to 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

• (b) in sub-paragraph (2)(c) for the words “Part IX of that Act” there shall be substituted the words “Part VI of the Town and Country Planning Act 1990 or sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

• (2) In paragraph 3(2) of that Schedule—

• (a) in paragraph (a) for the words from “section 180” to “1971” there shall be substituted the words “section 137 of the Town and Country Planning Act 1990”;

• (b) in paragraph (b) for the words “Part IX” there shall be substituted the words “Part VI” and at the end of that paragraph there shall be added the words

or (c) sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990

.

The Public Health Act 1961 (c. 64)

10

In Schedule 4 to the Public Health Act 1961 for the second item in the Table there shall be substituted—

A building which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.	The Secretary of State.

The Harbours Act 1964 (c. 40)

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In section 52(2) of the Harbours Act 1964 for the words “section 266 of the Town and Country Planning Act 1971; and the provisions of subsection (7) of that section” there shall be substituted the words “subsection (2) of section 293 of the Town and Country Planning Act 1990; and the provisions of subsection (3) of that section”.

The Gas Act 1965 (c. 36)

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• (1) In section 4(6) of the Gas Act 1965-

• (a) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

• (b) for the words “section 40 of that Act” there shall be substituted the words “section 90 of that Act”.

• (2) In section 28(1) of that Act—

• (a) in the definition of “local planning authority”, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”;

• (b) in the definition of “planning permission”, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990 (other than sections 88 and 89)”.

• (3) In Schedule 3 to that Act—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph 7(2), for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

• (c) in paragraph 9(a) for the words “section 146 of the Town and Country Planning Act 1971”, “Part VII of the said Act of 1971” and “sections 38 and 39 of the said Act of 1971” there shall be substituted respectively “section 120 of the Town and Country Planning Act 1990”, “Part V of the said Act of 1990” and “sections 80 and 81 of the said Act of 1990”.

The Compulsory Purchase Act 1965 (c. 56)

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• (1) In section 1(4) of the Compulsory Purchase Act 1965—

• (a) for the words “Part VI of the Town and Country Planning Act 1971” there shall be substituted the words “Part IX of the Town and Country Planning Act 1990 or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

• (b) for the words “section 132(4) of that Act” there shall be substituted the words “section 245(4) of the Town and Country Planning Act 1990 or, as the case may be, section 52(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

• (2) In section 10(3) of that Act-

• (a) for the words “Part VI of the Town and Country Planning Act 1971” there shall be substituted the words “Part IX of the Town and Country Planning Act 1990”;

• (b) for the words “section 132(4)(b) of that Act” there shall be substituted the words “section 245(4)(b) of that Act”.

The Forestry Act 1967 (c. 10)

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• (1) In section 9(4)(d) of the Forestry Act 1967, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

• (2) In the definition of “tree preservation order” in section 35 of that Act, for the words “section 60 of the Town and Country Planning Act 1971” there shall be substituted the words “section 198 of the Town and Country Planning Act 1990”.

• (3) In Schedule 3 to that Act—

• (a) in paragraph 2—

• (i) in sub-paragraph (a), for the words “section 35 of the Town and Country Planning Act 1971” there shall be substituted the words “section 77 of the Town and Country Planning Act 1990”;

• (ii) in sub-paragraph (b), for the words “the said section 35” there shall be substituted the words “the said section 77”;

• (b) in paragraph 3, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Agriculture Act 1967 (c. 22)

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• (1) In section 49(5)(a) of the Agriculture Act 1967—

• (a) for the words “section 246 of the Town and Country Planning Act 1971” there shall be substituted the words “section 289 of the Town and Country Planning Act 1990”;

• (b) for the words “Part V of that Act” there shall be substituted the words “Part VII of that Act”.

• (2) In section 50(3)(b) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

• (3) In section 52(2)(g) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Civic Amenities Act 1967 (c. 69)

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The Leasehold Reform Act 1967 (c. 88)

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• (1) In section 28(6) of the Leasehold Reform Act 1967, for the words from “that authority” to “is situated” there shall be substituted the words

that authority, in order to secure— (a) the development or redevelopment of an area defined by a development plan under the Town and Country Planning Act 1990 as an area of comprehensive development; or (b) the treatment as a whole, by development, redevelopment or improvement, or partly by one and partly by another method, of any area in which the property is situated

.

• (2) In paragraph 1(7) of Schedule 4 to that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Public Expenditure and Receipts Act 1968 (c. 14)

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The Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

19

In section 13(2) of the Agriculture (Miscellaneous Provisions) Act 1968 for the words “section 112 or 120 of the Town and Country Planning Act 1971” there shall be substituted the words “section 226 or 230 of the Town and Country Planning Act 1990”.

The Countryside Act 1968 (c. 41)

20

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The Caravan Sites Act 1968 (c. 52)

21

• (1) In section 8(3) of the Caravan Sites Act 1968, for the words “section 35 of the Town and Country Planning Act 1971” there shall be substituted the words “section 77 of the Town and Country Planning Act 1990”.

• (2) In the definition of “planning permission” in section 16 of that Act (as it applies in England and Wales), for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.

The Transport Act 1968 (c. 73)

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 108 of that Act—

• (a) in subsection (1) for paragraph (b) there shall be substituted—

(b) land to which section 215 of the Town and Country Planning Act 1990 applies;

;

and for the words “the said Act of 1971” and “the said section 65” there shall be substituted respectively the words “the said Act of 1990” and “the said section 215”; and

• (b) in subsection (3) for the words from “Part III” to “or” there shall be substituted the words “Part III of the Town and Country Planning Act 1962 or”.

• (3) In section 112(3)(d) of that Act, for the words “section 65 of the Town and Country Planning Act 1971” there shall be substituted the words “section 215 of the Town and Country Planning Act 1990”.

• (4) In section 141(2) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Finance Act 1969 (c. 32)

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In the Table in section 58(4)(c) of the Finance Act 1969, in the entry relating to the Town and Country Planning Act 1971—

• (a) in the first column for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”; and

• (b) for the entry in the second column there shall be substituted the words “Part II of the Town and Country Planning Act 1990”.

The Post Office Act 1969 (c. 48)

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• (1) In section 57 of the Post Office Act 1969 -

• (a) in subsection (2)-

• (i) for the words “Sections 280(9) and 281(1) to (3) and (6) of the Town and Country Planning Act 1971” there shall be substituted the words “Sections 324(8), 325(1) to (5), (8) and (9) of the Town and Country Planning Act 1990”;

• (ii) for the words “section 280(1) to (8) thereof” there shall be substituted the words “section 324(1) to (7) and (9) thereof”;

• (iii) for the words “the said section 280” there shall be substituted the words “the said section 324”;

• (iv) in paragraph (a) for the words “section 280(9)” and the word “therein”, in both places where it occurs, there shall be substituted respectively the words “section 324(8)” and “in it”;

• (v) in paragraph (b) for the words “section 281(1)” there shall be substituted the words “section 325(1)”;

• (b) in subsection (4)—

• (i) for the words “Section 179 of the Town and Country Planning Act 1971” there shall be substituted the words “Section 118 of the Town and Country Planning Act 1990”;

• (ii) for the words “Part VIII of that Act” there shall be substituted the words “Part IV of that Act”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Schedule 9 to that Act—

• (a) in paragraph 27—

• (i) in sub-paragraph (7) (as it applies in England and Wales), for the words “Parts VII and XII of the Town and Country Planning Act 1971” there shall be substituted the words “Parts V and XII of the Town and Country Planning Act 1990”;