The Merseyside Development Corporation (Planning Functions) Order 1990

Made: 30th July 1990

Laid before Parliament: 3rd August 1990

Coming into force: 24th August 1990

The Secretary of State for the Environment, in exercise of the powers conferred on him by section 149(1), (3) and (13) of the Local Government, Planning and Land Act 1980[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Merseyside Development Corporation (Planning Functions) Order 1990 and shall come into force on 24th August 1990.

Interpretation

2

In this Order–

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00002];

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

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00003];

• “the development area” means the area designated as an urban development area by the Merseyside Development Corporation (Area and Constitution) Order 1980[^f00004]; and

• “the development corporation” means the Merseyside Development Corporation.

Planning functions of the development corporation

3

• (1) The development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1990 Act in relation to all kinds of development.

• (2) The development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1990 Act and the Listed Buildings Act specified in Part I of Schedule 29 to the 1980 Act.

Modifications of provisions of the 1990 Act and the Listed Buildings Act

4

All the provisions of the 1990 Act and the Listed Buildings Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with the modifications specified in that Part.

Revocation

5

The Merseyside Development Corporation (Planning Functions) Order 1981[^f00005] is hereby revoked.

Signed

Chris Patten — Secretary of State for the Environment — 30th July 1990

Explanatory note

(This note is not part of the Order)

This Order revokes and replaces the Merseyside Development Corporation (Planning Functions) Order 1981.

The Order re-enacts the provisions of the 1981 Order with amendments in consequence of the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990. Those Acts, together with another enactment, consolidate and replace the Town and Country Planning Act 1971 (c. 78) with effect from 24th August 1990.

The Order makes the Merseyside Development Corporation the local planning authority for the Merseyside urban development area for all the purposes of Part III (general planning control) of the Town and Country Planning Act 1990 (article 3(1)) and for those purposes of the 1990 Acts specified in Part I of Schedule 29 to the Local Government, Planning and Land Act 1980 which deal with additional control in special cases, enforcement of control, listed buildings and conservation areas (article 3(2)).

The Order also applies other provisions of the 1990 Acts specified in Part II of Schedule 29 to the corporation and its area, subject to the modifications set out in that Part (article 4).

Footnotes

[^f00001]: 1980 c. 65; relevant amendments are made, with effect from 24th August 1990 by section 4 of, and paragraph 44(6), (12) and (13) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11).

[^f00002]: 1990 c. 8.

[^f00003]: 1990 c. 9.

[^f00004]: S.I. 1981/481.

[^f00005]: S.I. 1981/561.