LegalizeThe Planning and Compensation Act 1991 (Commencement No. 5 and Transitional Provisions) Order 1991
Made: 10th December 1991
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 84(2) and (3) of the Planning and Compensation Act 1991[^f00001] and all other powers enabling them in that behalf, hereby make the following Order:
Citation
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 5 and Transitional Provisions) Order 1991.
Interpretation
2
In this Order—
- “the 1990 Act” means the Town and Country Planning Act 1990[^f00002];
- “the 1991 Act” means the Planning and Compensation Act 1991.
Provisions coming into force on 2nd January 1992
3
Subject to article 5, the following provisions of the 1991 Act shall come into force on 2nd January 1992—
- section 1;
- section 3, so far as it is not yet in force;
- section 4, except so far as it relates to breach of condition notices;
- sections 5 and 6, so far as they are not yet in force;
- sections 7 to 9;
- section 11;
- section 14;
- section 19, so far as it is not yet in force, except to the extent that it relates to paragraph 4(1) of Schedule 1 to the 1990 Act as it concerns applications for consent to the display of advertisements;
- sections 23 and 25, so far as they are not yet in force;
- section 32, so far as it relates to the provisions of Schedule 7 set out in the first column of Schedule 1 to this Order, and, where there is an entry against that provision in the second column of that Schedule, to the extent therein provided; and
- section 84(6), so far as it gives effect to the repeals in Part I of Schedule 19 specified in Schedule 2 to this Order, except so far as paragraph 4(1) of Schedule 1 to the 1990 Act concerns applications for consent to the display of advertisements.
Provisions coming into force on 10th February 1992
4
The following provisions of the 1991 Act shall come into force on 10th February 1992—
- section 27, so far as it is not yet in force,
- section 32, so far as it relates to paragraph 9(2)(a) of Schedule 7, and
- section 84(6), so far as it gives effect to the repeals in Part I of Schedule 19 to the 1991 Act specified in Schedule 3 to this Order.
Transitional provisions
5
- (1) Until 27th July 1992 or the date on which section 10 of the 1991 Act is brought fully into force, if later—
- (a) an enforcement notice which relates to a failure to comply with any condition or limitation relating to the carrying out of any operation specified in section 171B(1) of the 1990 Act, in, on, over or under land and subject to which planning permission was granted for the development of that land, may be issued only within the period of four years from the date of the breach; and
- (b) nothing in section 171B(3) of the 1990 Act prevents an enforcement notice which relates to a breach of planning control (other than a breach falling within section 171B(1) or (2) of the 1990 Act or paragraph (a) above) being issued where it appears to the local planning authority that the breach occurred after the end of 1963.
- (2) Subject to paragraph (3), the commencement of paragraph (b) of section 171B(4) shall not permit the taking of further enforcement action in respect of any breach of planning control where, immediately before the commencement of that paragraph, the local planning authority could not have issued an enforcement notice relating to that breach.
- (3) Paragraph (2) does not apply where any proceedings under the 1990 Act in respect of the breach pursuant to the issue or purported issue of an enforcement notice by the local planning authority have not been finally determined before the commencement of paragraph (b) of section 171B(4).
SCHEDULE 1 — EXTENT OF COMMENCEMENT OF SCHEDULE 7
| Provision | Extent of commencement |
|---|---|
| Paragraphs 2 and 4 | |
| Paragraph 5 | except so far as it relates to the reference to section 187A |
| Paragraph 7 | |
| Paragraph 9(1) | |
| Paragraph 9(2)(d) | so far as it relates to the reference to section 171C |
| Paragraph 9(2)(e) | |
| Paragraph 9(2)(f) | so far as it relates to the reference to section 187B |
| Paragraph 9(2)(g) | |
| Paragraph 9(2)(i) | except so far as it relates to the substitution of a reference to “section 316(1) to (3)” by a reference to “section 316” |
| Paragraphs 11, 13, 16 | |
| Paragraphs 18 and 19 | so far as they relate to the inclusion in sections 77(4) and 79(4) of the 1990 Act respectively of a reference to section 73A |
| Paragraphs 20 to 23, 24(1)(a), (2), (3), 25 | |
| Paragraph 26 | except so far as it relates to breach of condition notices |
| Paragraphs 27 to 29, 31, 35, 42 | |
| Paragraph 45(1) | |
| Paragraph 45(2) | except so far as it relates to the reference to section 187A |
| Paragraphs 47 and 50 | |
| Paragraph 52(1) | |
| Paragraph 52(2)(a) | except so far as it relates to the definition of “breach of condition notice” |
| Paragraph 52(2)(b), (f), (g), (4) | |
| Paragraph 53(3) | except so far as it relates to applications for consent to the display of advertisements |
| Paragraph 53(5) | so far as it confers on the Secretary of State a power to make provision by development order |
| Paragraph 53(6) | so far as it relates to the insertion of the words “planning contravention notices under section 171C or” |
| Paragraph 53(7), (8) | |
| Paragraph 54(3)(c), (e) | |
| Paragraph 57(2)(a) | so far as it relates to the omission of the reference to section 63 |
| Paragraph 57(2)(c) | |
| Paragraph 57(2)(g) | so far as it relates to the reference to sections 196A to 196C |
| Paragraph 57(2)(h), (i) | |
| Paragraph 57(3)(c) | |
| Paragraph 57(3)(d) | except so far as it relates to section 187A |
| Paragraphs 58 to 61 |
SCHEDULE 2 — REPEALS IN PART I OF SCHEDULE 19 COMING INTO FORCE ON 2ND JANUARY 1992
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 1990 c. 8. | Town and Country Planning Act 1990. | Section 63. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 69, in subsection (1) “made to that authority” and in subsection (3) “made to the authority”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 178(2) “(as defined in section 172(3))”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 186(1)(c) the words from “or for its retention” to “granted”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | Section 190(4). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 210, in subsection (3) “on indictment” and subsection (5). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 285, in subsection (1) “Subject to the provisions of this section”, in subsection (2) “(6) to (8)” and subsections (5) and (6). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 324, in subsection (1)(b) “198 to 200”, in subsection (1)(c) “Part VII” and subsection (2). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 336(1), in the definition of “planning permission” the words from “and in construing” to the end. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In Schedule 1, paragraph 4(1). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In Schedule 16, in the entry relating to section 285 “except subsections (5) and (6)”. |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | In section 38(2) “within such period as may be so specified”. |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | In section 39(7) “in writing”. |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | Section 42(7). |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | Section 55(6). |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | In section 88(6) “or the presence of minerals in it”. |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | In section 90(6)(b) “and 42(6)”. |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | In section 92(2)(b) “and 42(6)”. |
| 1990 c. 10. | Planning (Hazardous Substances) Act 1990. | In section 25(1)(c) “(1) to (5) and (7)”. |
| 1990 c. 10. | Planning (Hazardous Substances) Act 1990. | In section 36(5) “Subject to subsection (6)”. |
| 1990 c. 11. | Planning (Consequential Provisions) Act 1990. | In Schedule 2, paragraph 38. |
SCHEDULE 3 — REPEALS IN PART I OF SCHEDULE 19 COMING INTO FORCE ON 10TH FEBRUARY 1992
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 12(4)(a), “other” (in the second place where it occurs) and “or for any description of development or other use of such land”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | Section 14(3). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 21(2) “Subject to section 22”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | Section 22. |
| 1990 c. 8. | Town and Country Planning Act 1990. | Section 23(2) to (4), (9) and (10). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 49 “repeal”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 50, in subsection (1) “for the repeal and”, subsections (2) and (3), in subsections (4) and (5) “repeal and”, in subsection (6) “repeal”, in paragraph (a) the words from the beginning to “except that”, “or 40(2)(a)” and “or 40(3)” and in paragraph (b) “and they may do so as respects any part of their area to which the proposals relate” and in subsection (8) “repeal” and “in accordance with the provisions of the relevant local plan scheme”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 51(1) “repeal” (in both places). |
| 1990 c. 8. | Town and Country Planning Act 1990. | Section 52(2) and (3). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 53, in subsections (1) and (2)(b) “repeal”, in subsection (2)(g) “repealing” and subsection (5). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 284, in subsection (1)(a) “repeal” (in both places). |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 287(1), (2), (3) and (5) “repeal” in each place where it occurs. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 306(2) “repeal”. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In Schedule 2, in Part I paragraphs 3, 5 and 6, and in Part II paragraphs 3 to 16 and 18. |
| 1990 c. 8. | Town and Country Planning Act 1990. | In Schedule 13, Notes (2) and (5) to paragraph 2, in Note (3) to paragraph 2 “also”, in Note (1)(b) to paragraph 3 “or under section 22”, in Note (2) to paragraph 3 “13(7) or”, in Note (1)(b) to paragraph 4 “or under section 22” and in Note (2) to paragraph 4 “13(7) or”. |
| 1990 c. 11. | Planning (Consequential Provisions) Act 1990. | In Schedule 4, in paragraph 1, in the Table the entry relating to section 9(4) of the 1971 Act and paragraph 2 of the Schedule, and paragraph 2 of the Schedule. |
Signed
Signed by authority of the Secretary of State for the Environment
G. S. K. Young — Minister of State, — Department of the Environment — 9th December 1991
David Hunt — Secretary of State for Wales — 10th December 1991
Explanatory note
(This note is not part of the Order)
Article 3 of this Order brings into force on 2nd January 1992 the following provisions of the Planning and Compensation Act 1991—
- section 1 (planning contravention notices);
- section 3 (injunctions restraining breaches of planning control), so far as it is not yet in force;
- section 4 (time limits on enforcement action), except so far as it relates to breach of condition notices;
- sections 5 and 6 (enforcement notices and appeals against such notices), so far as they are not yet in force;
- section 7 (execution of works required by enforcement notice);
- section 8 (offence where enforcement notice not complied with);
- section 9 (stop notices);
- section 11 (rights of entry for enforcement purposes);
- section 14 (fish farming);
- section 19 (receipt and determination of applications), so far as it is not yet in force, except to the extent it relates to paragraph 4(1) of Schedule 1 to the Town and Country Planning Act 1990 as it concerns applications for consent to the display of advertisements;
- section 23 (trees), so far as it is not yet in force;
- section 25 (listed buildings, conservation areas and hazardous substances), so far as it is not yet in force;
- section 32 (planning: minor and consequential amendments), so far as it relates to the provisions of Schedule 7 to the 1991 Act listed in Schedule 1 to this Order, and to the extent specified in that Schedule; and
- section 84(6) (repeals), so far as it relates to the repeals in Part I of Schedule 19 to the 1991 Act specified in Schedule 2 to this Order, except so far as the repeal of paragraph 4(1) of Schedule 1 to the 1990 Act relates to applications for consent to the display of advertisements.
Article 4 of this Order brings into force on 10th February 1992 the following provisions of the 1991 Act—
- section 27 (streamlining of development plan system), so far as it is not yet in force;
- section 32 (planning: minor and consequential amendments), so far as it relates to paragraph 9(2)(a) of Schedule 7;and
- section 84(6) (repeals), so far as it relates to the repeals in Part I of Schedule 19 to the 1991 Act specified in Schedule 3 to this Order.
Article 5 makes transitional provisions.
Footnotes
[^f00001]: 1991 c. 34.
[^f00002]: 1990 c. 8.
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