The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006

• Citation: S.I. 2006/1281
• Sections: 10

Section 1 Citation and interpretation

(1) This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006.

(2) In this Order—

“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004; and

“the 1990 Act ” means the Town and Country Planning Act 1990 .

Section 2 Provisions coming into force on 7th June 2006 in relation to England and Wales

The following provisions of the 2004 Act shall come into force in relation to England and Wales on 7th June 2006—

(a) sections 79 to 89 (in so far as they are not yet in force);

(b) section 112;

(c) Schedule 3 (in so far as it is not yet in force);

(d) Schedule 4;

(e) Schedule 6, paragraph 2; and

(f) Schedule 9 so far as it gives effect to the following repeals—

(i) the word “local” in section 55(2)(b) of the 1990 Act;

(ii) sections 293(4), 294 to 297, 298(1) and (2) and 299 to 301 of the 1990 Act;

(iii) sections 83 and 84 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;

(iv) the omission of “83, 84,” in section 92(2)(a) of that Act; and

(v) sections 31(1) and (2) and 32 of the Planning (Hazardous Substances) Act 1990 .

Section 3 Provision coming into force on 7th June 2006 in relation to England, Scotland and Wales

Section 111(1) of the 2004 Act shall come into force in relation to England, Scotland and Wales on 7th June 2006.

Section 4 Provisions coming into force on 7th June 2006 in relation to Scotland

Section 91 (in so far as it is not yet in force) shall come into force in relation to Scotland on 7th June 2006.

Section 5 Consequential Provisions

In the 1990 Act—

(a) in section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order) in subsection (1)—

(i) in paragraph (b) after “on an application made under Part III” insert “or section 293A” ; and

(ii) in sub-paragraph (i) of that paragraph after “under Part III” insert “or section 293A”;

(b) in section 247 (highways affected by development orders by Secretary of State) in subsections (1)(a) and (2A)(a) after “under Part III” insert “or section 293A”;

(c) in section 257(1)(a) (footpaths and bridleways affected by development: orders by other authorities) after “under Part III” insert “or section 293A”;and

(d) in section 336(1)(interpretation) in the definitions of “planning decision” and “planning permission” after “under Part III” insert “or section 293A”.

Section 6 Consequential Provisions

In the Planning (Listed Buildings and Conservation Areas) Act 1990 in section 74(3)(Control of demolition in conservation areas) for “83(1)(b), (3) and (4)” substitute “82A to 82D”.

Section 7 Consequential Provisions

In the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 in regulation 2 (application) omit “or section 299A”.

Section 8 Consequential Provisions

In the Town and Country Planning (General Development Procedure) Order 1995 —

(a) in article 6 (notice of applications for planning permission) omit paragraph (7); and

(b) in article 24 (certificate of lawful use or development) in paragraph (2A) omit “, by virtue of section 299(2) of the Act ,” in both places where they occur.

Section 9 Consequential Provisions

In the Visiting Forces and International Headquarters (Application of Law) Order 1999 , in article 11(1), for “section 83(5)” substitute “section 82C” .

Section 10 Consequential Provisions

In the Town and Country Planning (Trees) Regulations 1999 in the form of tree preservation order set out in the Schedule—

(a) in article 4 (prohibited acts in relation to trees) for “subsection (3) of section 200 (orders affecting land where Forestry Commissioners interested)” substitute “subsection (1) of section 200 (tree preservation orders: Forestry Commissioners)”; and

(b) omit article 11 (orders made by virtue of section 300).