Statutory Instrument 1992 No. 1620

The Town and Country Planning (Isles of Scilly) Order 1992

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© Crown Copyright 1992

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1992 No. 1620

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Isles of Scilly) Order 1992

The Secretary of State for the Environment, in exercise of the powers conferred on him by section 319 of the Town and Country Planning Act 1990^[1], and all other powers enabling him in that behalf, and after consultation with the Council of the Isles of Scilly, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Town and Country Planning (Isles of Scilly) Order 1992, and shall come into force on 27th July 1992.

    (2)  In this Order—

"the Act" means the Town and Country Planning Act 1990^[2];


"England" means England excluding the Isles;


"the Isles" means the Isles of Scilly; and


"the Schedule" means the Schedule to this Order.

Exercise of general planning functions
    2.    Subject to articles 3 and 4(a), the Council of the Isles shall exercise for the Isles all functions under the Act exercisable by a local planning authority or a mineral planning authority for their respective areas in England.

Exercise of functions respecting development plans
    3.    Subject to articles 4(b) and 5(2), the Council of the Isles shall exercise for the Isles all functions exercisable for a National Park in England by the local planning authority for that Park, in relation to the making, alteration and replacement of local plans, and minerals and waste local plans, under Chapter II of Part II of the Act^[3]; but shall exercise no functions under that Chapter in relation to the alteration or replacement of structure plans.

Exceptions, adaptations and modifications
    4.    It is hereby directed that—
 (a) the exceptions from and adaptations and modifications of the Act set out in Part I of the Schedule shall have effect for the purposes of article 2; and
 (b) the exceptions from and adaptations and modifications of the Act set out in Part II of the Schedule shall have effect for the purposes of article 3.

Transitional provisions respecting development plans
    5.—(1)  Any old development plan in force for the Isles shall cease to have effect on the coming into force of this Order.

    (2)  The structure plan in force for the Isles shall continue in force, but subject to paragraph (4) it shall be treated as a local plan complying with sections 36 to 38^[4] of the Act, and may be altered or replaced accordingly.

    (3)  For the purposes of paragraph (2)—
 (a) the Secretary of State's notice of approval shall be treated as forming part of the plan;
 (b) the explanatory memorandum shall be treated as reasoned justification; and
 (c) the key diagram shall be treated as the proposals map.

    (4)  The reference in paragraph (2) to the treatment of the structure plan as a local plan shall not affect any blight notice served under Chapter II of Part VI of the Act before this Order comes into force.

    (5)  In this article, the terms "reasoned justification" and "key diagram" have the meanings they respectively bear in the Town and Country Planning (Development Plan) Regulations 1991^[5].

Michael Howard

Secretary of State for the Environment

6th July 1992

[1] 1990 c. 8; section 319 was substituted by paragraph 49 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), and extended by paragraph 51 of Schedule 4 to that Act. back

[2] The Town and Country Planning Act 1990 was amended by Part I of the Planning and Compensation Act 1991. back

[3] Part II was amended by Schedule 4 to the Planning and Compensation Act 1991. back

[4] Sections 36 to 38 were substituted by paragraph 17 of Schedule 4 to the Planning and Compensation Act 1991. back

[5] S.I. 1991/2794; see regulations 7 and 5(1). back

Explanatory Note