The Planning and Compulsory Purchase Act 2004 (Commencement No.11) Order 2009

Made: 25th February 2009

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 121 and 122 of the Planning and Compulsory Purchase Act 2004[^f00001], makes the following Order:

Citation

1

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 11) Order 2009.

Provisions coming into force on 6thApril 2009 in relation to England

2

To the extent that they are not already in force, the following provisions of the Planning and Compulsory Purchase Act 2004 shall come into force, in relation to England, on 6th April 2009—

• (a) section 43(1) so far as it relates to section 70B of the Town and Country Planning Act 1990[^f00002];

• (b) section 43(2);

• (c) section 43(3) and (4) so far as it relates to section 81B of the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00003].

Signed

Signed by authority of the Secretary of State

Iain Wright — Parliamentary Under Secretary of State — Department for Communities and Local Government — 25th February 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order brings into force on 6th April 2009, in relation to England, section 43 of the Planning and Compulsory Purchase Act 2004, so far as it is not already in force. The provisions inserted by that section (into the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990) relate to the power to decline to determine overlapping applications for planning permission, listed building and conservation area consents.

Footnotes

[^f00001]: 2004 c.5.

[^f00002]: 1990 c.8. Section 70B is amended by the Planning Act 2008 (c.29), section 187 and Schedule 7, paragraph 3.

[^f00003]: 1990 c. 9.Section 81B is amended by the Planning Act 2008, section 187 and Schedule 7, paragraph 6.