The Planning and Compulsory Purchase Act 2004 (Commencement No. 12, Revocation and Amendment) Order 2010

Made: 11th February 2010

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 121(1) and 122(3) of the Planning and Compulsory Purchase Act 2004[^f00001] and after consultation with the Welsh Ministers[^f00002] makes the following Order:

Citation

1

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 12, Revocation and Amendment) Order 2010.

Provision coming into force on 22 February 2010 in relation to England and Wales

2

To the extent that it is not already in force, paragraph 3 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (amendments of the Planning Acts) shall come into force on 22 February 2010.

Revocation in relation to England

3

Article 4 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006 (saving)[^f00003] is revoked.

Amendment of the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007

4

Article 3 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007 (saving)[^f00004] is amended as follows—

• (a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”; and

• (b) after paragraph (2) insert—

(3) This article does not apply in relation to England.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Ian Austin — Parliamentary Under Secretary of State — Department for Communities and Local Government — 11th February 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order brings into force on 22 February 2010, in relation to England and Wales, paragraph 3 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”), so far as it is not already in force. The provision substitutes section 69 of the Town and Country Planning Act [1990 (c.8)](https://www.legislation.gov.uk/ukpga/1990/8) which relates to registers, kept by local planning authorities, containing information with respect to applications for planning permission, local development orders and simplified planning zone schemes. Section 69, without this substitution, does not include provision for registration in respect of local development orders, but otherwise the substituted section 69 is similar to the original section 69.

The Town and Country Planning (Applications) Regulations 1988 (S.I. 1988/1812) (“the 1988 Regulations”) specified requirements for applications for planning permission in England and Wales but, in relation to England, these requirements are now set out in article 4E of the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419, as amended by S.I. 2008/550). When section 62 of the Town and Country Planning Act 1990 (applications for planning permission) was substituted, on the coming into force of section 42(1) of the 2004 Act in relation to England, the 1988 Regulations would have ceased to have effect in relation to England but for a saving provision in the Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006 (“the 2006 Order”). A similar saving of the 1988 Regulations was made in the Planning and Compulsory Purchase Act 2004 (Commencement No 10 and Saving) Order 2007 (“the 2007 Order”) when section 42(1) of the 2004 Act was brought into force in relation to Wales, but the saving was not limited to Wales so applied also to England.

Article 3 of this Order revokes the saving provision in the 2006 Order and article 4 of this Order amends the 2007 Order so that the saving provision will only continue to apply in relation to Wales. The combined effect is that the 1988 Regulations will no longer have effect in relation to England.

Footnotes

[^f00001]: 2004 c. 5.

[^f00002]: As to consultation with the Welsh Ministers, see section 121(2) of the Planning and Compulsory Purchase Act 2004 and paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00003]: S.I. 2006/1061 (C. 35).

[^f00004]: S.I. 2007/1369 (C. 58).