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

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"the 1990 Act" means the Town and Country Planning Act 1990[4].

Provisions coming into force on 7th June 2006 in relation to England and Wales
     2. 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[5];

(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[6].

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

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

Consequential Provisions
     5. In the 1990 Act—

(a) in section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order)[7] in subsection (1)—


(i) in paragraph (b) after "on an application made under Part III" insert "or section 293A"[8]; 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)[9] in subsections (1)(a) and (2A)(a)[10] 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".

     6. 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".

     7. In the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992[11] in regulation 2 (application) omit "or section 299A".

     8. In the Town and Country Planning (General Development Procedure) Order 1995[12]—

(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)[13] omit ", by virtue of section 299(2) of the Act," in both places where they occur.

     9. In the Visiting Forces and International Headquarters (Application of Law) Order 1999[14], in article 11(1), for "section 83(5)" substitute "section 82C"[15].

     10. In the Town and Country Planning (Trees) Regulations 1999[16] 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[17] (tree preservation orders: Forestry Commissioners)"; and

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

Signed by authority of the Secretary of State


Kay Andrews
Parliamentary Under Secretary of State Department for Communities and Local Government

10th May 2006

[2] As to the agreement of the Scottish Ministers, see section 121(3).back

[3] As to consultation with the National Assembly for Wales, see section 121(2).back

[4] 1990 c.8back

[5] 1990 c.9back

[6] 1990 c.10back

[7] Amended by the Planning and Compensation Act 1990 (c. 34) section 13(4) and the Planning and Compulsory Purchase Act 2004 section 40(2)(h).back

[8] Section 293A is inserted by section 82 of the 2004 Act.back

[9] Amended by the Local Government (Wales) Act 1994 (c.19) section 20(4) and Schedule 6 paragraph 24 and the Greater London Authority Act 1999 (c.29) Schedule 22 paragraph 3.back

[10] Section 247(2A) of the 1990 Act was inserted by the Greater London Authority Act 1999 Schedule 6, paragraph 24.back

[11] S.I. 1992/2832.back

[12] S.I. 1995/419 amended by S.I. 1995/1139 and 2003/956. There are other amendments not relevant to this Order.back

[13] Paragraph 2A of Article 24 was inserted by S.I. 2003/956.back

[14] S.I. 1999/1736.back

[15] Section 82C was substituted by the Planning and Compulsory Purchase Act 2004, Schedule 3, paragraph 7.back

[16] S.I. 1999/1892 amended by S.I. 2001/1149 and 2001/4050.back

[17] Section 200 was substituted by the Planning and Compulsory Purchase Act 2004 (c.5), section 85.back