Local Government, Planning and Land Act 1980

Section 149.

SCHEDULE 29 Planning Functions of Urban Development Corporations— England and Wales

PART I Enactments Referred to in Section 149(3)(a)

• Section 55 (control of works of demolition, alteration or extension of listed buildings).

• Section 58 (building preservation notice in respect of building not listed).

• Section 59 (planning permission to include appropriate provision for preservation and planting of trees).

• Section 60 (tree preservation orders).

• Section 61 (provisional tree preservation orders).

• Section 61A (trees in conservation areas).

• Section 62 (replacement of trees).

• Section 63 (control of advertisements).

• Section 65 (proper maintenance of waste land).

• Section 87 (power to serve enforcement notice).

• Section 90 (stop notices).

• Section 91 (execution and cost of works required by enforcement notice).

• Section 96 (power to serve listed building enforcement notice).

• Section 99 (execution and cost of works required by listed building enforcement notice).

• Section 101 (urgent works for preservation of certain unoccupied buildings).

• Section 103 (enforcement of duties as to replacement of trees).

• Section 107 (execution and cost of works required by notice as to waste land).

• Section 109 (enforcement of control as to advertisements).

• Section 114 (compulsory acquisition of listed building in need of repair).

• Section 115 (repairs notice as preliminary to compulsory acquisition under s. 114).

• Section 117 (minimum compensation in case of listed building deliberately left derelict).

• Section 126 (management etc. of listed buildings acquired by local authority or Secretary of State).

• Section 271 (application to local planning authorities of provisions as to listed buildings).

• Section 277 (designation of conservation area).

• Section 277A (control of demolition in conservation area).

• Section 277B (formulation and publication of proposals for preservation and enhancement of conservation area).

• Schedule 11 (control of works for demolition, alteration or extension of listed buildings).

PART II Enactments Referred to in Section 149(3)(b)

An order made by virtue of section 149(3)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation's area: —

1 Section 181 (action by council on whom purchase notice is served) shall have effect as if—

(a) after " undertakers "there were inserted—

(i) in paragraph (b) of subsection (1), "or an urban development corporation ";

(ii) in paragraph (c) of that subsection, " or any urban development corporation " ; and

(iii) in subsection (2), " or urban development corporation "; and

(b) at the end of subsection (4), there were added " or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980, and " urban development corporation" means a corporation established by an order under section 135 of that Act".

2 Section 182 (procedure on reference to purchase notice to Secretary of State) shall have effect as if—

(a) in subsection (2)(d)—

(i) after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii) after that word, in the second place where it occurs, there were inserted " or that corporation " ; and

(b) there were added after subsection (4): —

“(5) In subsection (3) and (4) of this section any reference to persons, authorities or statutory undertakers includes a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

3 Section 183 (action by Secretary of State in relation to purchase notice) shall have effect as if after " undertakers ", in subsection (4), there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980. ".

4 Section 186 (effect of Secretary of State's action in relation to purchase notice) shall have effect as if—

(a) in subsection (1)—

(i) after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii) after that word, in the second place where it occurs, there were inserted " or that corporation " ; and

(b) the following subsection were inserted after that subsection : —

“(1A) In subsection (1) of this section ' urban development corporation' means an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

5 Section 212 (order extinguishing right to use vehicles on high way) shall have effect as if—

(a) in subsection (1), for " The provisions " there were substituted " Subject to subsection (1A) of this section, the provision " ; and

(b) the following subsection were inserted after that sub section : —

“(1A) Any reference in this section to a local planning authority is to be construed as a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

6 Section 213 (provision of amenity for highway reserved to pedestrians) shall have effect as if after " boroughs " in subsection (5)(b) there were inserted “and

(c) in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act;”.

7 Section 214 (extinguishment of public rights of way over land held for planning purposes) shall have effect as if—

(a) in subsection (1), for " Where " there were substituted " Subject to subsection (1 A) of this section, where " ; and

(b) the following subsection were inserted after that subsection:—

“(1A) Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area—

(a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required ;

(b) subject to section 217 of this Act, the urban development corporation may by order extinguish any such right over the land being a footpath or bridleway, if they are satisfied as aforesaid.”; and

(c) at the end of subsection (2) there were added " and any reference to an urban development corporation is a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980. ".

8 Section 284 (power to require information as to interests in land) shall have effect as if in subsection (1)—

(a) after the words " local authority ", in the first place where they occur, there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 " ; and

(b) after those words, in the second and third places where they occur, there were inserted " or corporation ".

9 Schedule 19 (proceedings on listed building purchase notice) shall have effect as if—

(a) in paragraph 1

(i) in sub-paragraph (1)(b). after " undertakers " there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 ";

(ii) in sub-paragraph (1)(c), after " undertakers " there were inserted " or an urban development corporation ";

(iii) in sub-paragraph (2), after "undertakers", there were inserted " or corporation ";

(b) in paragraph 2(7), after "undertakers " there were inserted " or an urban development corporation " ; and

(c) in paragraph 3(1)—

(i) after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation ";

(ii) after that word, in the second place where it occurs, there were inserted " or that corporation ".