The Planning Act 2008 (Commencement No. 5 and Saving) Order 2010

Made: 3rd March 2010

The Secretary of State, in exercise of the powers conferred by section 241(8) and (10) of the Planning Act 2008[^f00001], makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Planning Act 2008 (Commencement No. 5 and Saving) Order 2010.

• (2) In this Order—

• “the Act” means the Planning Act 2008, and

• “direction” means a direction under article 4 of the Town and Country Planning (General Permitted Development) Order 1995[^f00002].

Provision coming into force on 6th April 2010

2

Section 224(3) of the Act shall come into force on 6th April 2010.

Provisions coming into force on 6th April 2010 in relation to England and Wales

3

The following provisions of the Act (so far as they are not yet in force) shall come into force, in relation to England and Wales, on 6th April 2010—

• (a) section 189;

• (b) section 190(4);

• (c) section 206; and

• (d) section 238 and Schedule 13, so far as they give effect to the repeals specified in the Schedule to this Order.

Saving

4

The coming into force of section 189 of the Act shall have no effect in relation to any direction given before 6th April 2010.

SCHEDULE — Repeals (England and Wales)

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 — 3rd March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order brings into force section 224(3) of the Act (Community Infrastructure Levy: amendments) on 6th April 2010.

Article 3 of this Order brings into force, on 6th April 2010, the following provisions of the Act in relation to England and Wales, so far as they are not already in force—

section 189 (compensation where development order or local development order withdrawn);

section 190(4) of the Act (power to make non-material changes to planning permission – register of applications etc);

section 206 (community infrastructure levy: the charge); and

section 238 and Schedule 13 (repeals as specified in the Schedule to this Order).

Article 4 provides a saving, in relation to the coming into force of section 189, for directions under article 4 of the Town and Country Planning (General Permitted Development) Order 1995, given before 6th April, 2010.

Footnotes

[^f00001]: 2008 c.29.

[^f00002]: S.I 1995/418; relevant amendments were made by S.I. 1996/528, 2005/2935, 2006/124, 2006/1282 and 2006/1386.