Planning (Consequential Provisions) Act 1990 (c. 11)

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The Wildlife and Countryside Act 1981 (c. 69)

54 (1) In sections 28(8)(a), 29(9)(a) and 34(5) of the Wildlife and Countryside Act 1981, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.

(2) In section 70A of that Act—

(a) in subsection (1), for the words “section 283 of the Town and Country Planning Act 1971” there shall be substituted the words “section 329 of the Town and Country Planning Act 1990”;

(b) in subsection (2), for the words “Subsections (2) and (3) of the said section 283” there shall be substituted the words “Subsections (2) and (3) of the said section 329”.

The Civil Aviation Act 1982 (c. 16)

55 (1) In section 48(9) of the Civil Aviation Act 1982, for the words “subsections (1) and (2) of section 220 of the Town and Country Planning Act 1971” and “section 209 of the said Act of 1971” there shall be substituted respectively the words “subsections (1) to (4) of section 256 of the Town and Country Planning Act 1990” and “section 247 of the said Act of 1990”.

(2) In section 51 of that Act—

(a) in subsection (2)(a), for the words “section 238(2), (3), (5) and (6) of the Town and Country Planning Act 1971” there shall be substituted the words “section 280(2) to (5), (7) and (8) of the Town and Country Planning Act 1990”;

(b) in subsection (5)—

(i) for the words “Subsections (2), (3), (5) and (6) of the said sections 238 and” there shall be substituted the words “Subsections (2) to (5), (7) and (8) of the said section 280 and subsections (2), (3), (5) and (6) of the said section”;

(ii) in paragraph (a), for the words “section 238” and “section 237(2)” there shall be substituted respectively the words “section 280” and “section 279(2) or (3)”;

(iii) in paragraph (c), for the words “subsection (6) of each of the said sections” there shall be substituted the words “subsection (8) of the said section 280 and subsection (6) of the said section 227”;

(c) in subsection (7), for the words “sections 233 to 235 of the Town and Country Planning Act 1971” there shall be substituted the words “sections 275 to 277 of the Town and Country Planning Act 1990”.

(3) In section 53 of that Act—

(a) in subsection (1)—

(i) in paragraph (a), for the words “section 164, 165, 169, 187(2) or 237(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 107, 108, 114, 144(2) or 279(1) of the Town and Country Planning Act 1990”;

(ii) in paragraph (b), for the words “the said section 164” and “section 45 of the said Act of 1971” there shall be substituted respectively the words “the said section 107” and “section 97 of the said Act of 1990”;

(b) in subsection (2), for the words “section 168 of the said Act of 1971” there shall be substituted the words “sections 111 and 112 of the said Act of 1990”;

(c) in subsection (3) for the words “section 180 of the said Act of 1971” and “section 181(2) or 186(1) of the said Act of 1971” there shall be substituted respectively the words “section 137 of the said Act of 1990” and “section 139(3) or 143(1) of the said Act of 1990”;

(d) in subsection (5), for the words “the said section 45” there shall be substituted the words “the said section 97”;

(e) in subsection (6), for the words “the said Act of 1971” there shall be substituted the words “the said Act of 1990”.

(4) In section 54 of that Act—

(a) in subsection (1) for the words “section 128 of the Town and Country Planning Act 1971” and “Part VI of the said Act of 1971” there shall be substituted respectively the words “sections 238 to 240 of the Town and Country Planning Act 1990” and “Part IX of the said Act of 1990”;

(b) in subsection (2) for the words “The said sections 128” and “Part VI of the said Act of 1971” there shall be substituted respectively the words “The said sections 238 to 240” and “Part IX of the said Act of 1990” .

(5) In Schedule 10 to that Act—

(a) in paragraph 4—

(i) for the words “section 236 of the Town and Country Planning Act 1971” there shall be substituted the words “section 278 of the Town and Country Planning Act 1990”;

(ii) in sub-paragraph (a), for the words “the said section 236 to section 233 of the said Act of 1971” there shall be substituted the words “the said section 278 to section 275 or 276 of the said Act of 1990”;

(iii) in sub-paragraph (c), the words from “either” to “or” shall be omitted;

(b) in paragraph 8—

(i) for the words “section 236 of the Town and Country Planning Act 1971” there shall be substituted the words “section 278 of the Town and Country Planning Act 1990”;

(ii) in sub-paragraph (a), for the words “the said section 236 to section 235 of the said Act of 1971” there shall be substituted the words “the said section 278 to section 277 of the said Act of 1990”;

(iii) in sub-paragraph (c), the words from “either” to “or” shall be omitted.

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

56 (1) In section 33(9)(a) of the Local Government (Miscellaneous Provisions) Act 1982, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”.

(2) In section 37(8) of that Act, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.

(3) In paragraph (b) of the definition of “local authority” in section 41(13) and in section 45(2)(b) of that Act, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”.

The Industrial Development Act 1982 (c. 52)

57 In section 14(6) of the Industrial Development Act 1982, for the words “subsection (9) of section 280 and subsections (1) to (4) and (6) of section 281 of the Town and Country Planning Act 1971” and “the said section 280” there shall be substituted respectively the words “subsection (8) of section 324 and subsections (1) to (6), (8) and (9) of section 325 of the Town and Country Planning Act 1990” and “the said section 324”.

The Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7)

58 (1) In the definition of “Crown land” in section 22(1) of the Conwy Tunnel (Supplementary Powers) Act 1983, for the words “Part XIV of the Town and Country Planning Act 1971” there shall be substituted the words “Part XIII of the Town and Country Planning Act 1990”.

(2) In paragraph 8(1) of Schedule 1 to that Act—

(a) for the words “Sections 230 to 232 of the Town and Country Planning Act 1971” there shall be substituted the words “Sections 271 to 274 of the Town and Country Planning Act 1990”;

(b) for the words “section 230(1) of that Act” there shall be substituted the words “section 271(1) or 272(1) of that Act”;

(d) for the words “section 232(2)” there shall be substituted the words “section 273(2)”;

(e) for the words “sections 230 to 232 (including sections 237(2) and (3), 238 and 240, which provide for the payment of compensation, and sections 233 to 236, which contain provisions consequential on the extinguishment of any rights under section 230)” there shall be substituted the words “sections 271 to 274 (including sections 279(2) to (4), 280 and 282, which provide for the payment of compensation, and sections 275 to 278 which contain provisions consequential on the extinguishment of any rights under section 271 or 272)”.

(3) In paragraph 1(2) of Schedule 3 to that Act, for the words “section 230(1)(b) of the Town and Country Planning Act 1971” there shall be substituted the words “paragraph (b) of section 271(1) or of section 272(1) of the Town and Country Planning Act 1990”.

The Mobile Homes Act 1983 (c. 34)

59 In the definition of “planning permission” in section 5(1) of the Mobile Homes Act 1983, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.

The National Heritage Act 1983 (c. 47)

60 In the definition of “conservation area” in section 33(8) of the National Heritage Act 1983, for the words “section 277 of the Town and Country Planning Act 1971” there shall be substituted the words “section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

The Value Added Tax Act 1983 (c. 55)

61 In Group 8A of Schedule 5 to the Value Added Tax Act 1983—

(a) in Note (1)(a)(i) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(b) in Note (3)(c)(i) for the words “Part IV of the Town and Country Planning Act 1971” there shall be substituted the words “Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

The Town and Country Planning Act 1984 (c. 10)

62 (1) In section 1(4) of the Town and Country Planning Act 1984, for the words “of each of the sections” there shall be substituted the words “of the section”.

(2) In section 6(1) of that Act for the words “the said section 266(7)” there shall be substituted the words “section 293(1) and (2) of the Town and Country Planning Act 1990”.

The Telecommunications Act 1984 (c. 12)

63 (1) In section 34(4) of the Telecommunications Act 1984, for the words “the Town and Country Planning Act 1971”, “section 128”, “section 129” and “sections 230 to 232” there shall be substituted respectively the words “the Town and Country Planning Act 1990”, “sections 238 to 240”, “section 241” and “sections 271 to 274”.

(2) In section 37 of that Act—

(a) in subsection (2) for the words “Sections 280(9) and 281(1) to (3) and (6) of the Town and Country Planning Act 1971”, “section 280(1) to (8)”, “the said section 280”, “section 280(9)” and “section 281(1)” there shall be substituted respectively the words “Sections 324(8), 325(1) to (5), (8) and (9) of the Town and Country Planning Act 1990”, “section 324(1) to (7)”, “the said section 324”, “section 324(8)” and “section 325(1)”;

(b) in subsection (4) for the words “Section 179 of the said Act of 1971” and “Part VIII of that Act” there shall be substituted respectively the words “Section 118 of the said Act of 1990” and “Part IV of that Act”.

The Road Traffic Regulation Act 1984 (c. 27)

64 (1) In section 75(3)(b) of the Road Traffic Regulation Act 1984, for the words “section 54 of the Town and Country Planning Act 1971” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(2) In Schedule 4 to that Act—

(a) in paragraph 12(2), for the words “any specified operation within the meaning of section 43(1) of the Town and Country Planning Act 1971” there shall be substituted the words “any material operation within the meaning of section 56(4) of the Town and Country Planning Act 1990”;

(b) in paragraph 20(a)(ii), for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”;

(i) in sub-paragraph (4) for the words “Section 178 of the Town and Country Planning Act 1971” there shall be substituted the words “Section 117 of the Town and Country Planning Act 1990”;

(ii) in sub-paragraph (5) for the words “section 45 or 51 of the said Act of 1971” and “section 164 or, as the case may be, section 170 of that Act” there shall be substituted respectively the words “section 97 or 102 of or paragraph 1 of Schedule 9 to the said Act of 1990” and “section 107 or, as the case may be, section 115 of that Act”.

The London Regional Transport Act 1984 (c. 32)

65 In section 7(9) of the London Regional Transport Act 1984, for the words “section 20 of the Town and Country Planning Act 1971” there shall be substituted the words “sections 27 and 54 of the Town and Country Planning Act 1990”.

The Cycle Tracks Act 1984 (c. 38)

66 In section 3(10) of the Cycle Tracks Act 1984 for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Building Act 1984 (c. 55)

67 (1) In section 19(1) of the Building Act 1984, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(2) In section 20(1) of that Act, for the words “Part III or IV of the Town and Country Planning Act 1971” there shall be substituted the words “Part III or Part VIII of the Town and Country Planning Act 1990 or under the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990”.

(3) In section 77(3) of that Act, for the words “the Town and Country Planning Act 1971” and “orders” there shall be substituted respectively the words “the Planning (Listed Buildings and Conservation Areas) Act 1990” and “notices”.

(4) In section 79 of that Act—

(a) in subsection (4), for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”;

(b) in subsection (5), for the words “the Town and Country Planning Act 1971” and “orders” there shall be substituted respectively the words “the Planning (Listed Buildings and Conservation Areas) Act 1990” and “notices”.

The Town and Country Planning (Compensation) Act 1985 (c. 19)

68 In section 3 of the Town and Country Planning (Compensation) Act 1985—

(a) in subsection (2) for the words “Sections 1(1) and 2(1) above have” there shall be substituted the words “Section 2(1) above has”; and

(b) in subsection (3) for the words “Sections 1(2) and 2(2) above have” there shall be substituted the words “Section 2(2) above has”.

The Local Government Act 1985 (c. 51)

69 (1) In section 3(5) of the Local Government Act 1985 for the words from the beginning to “that Schedule” there shall be substituted the words “In paragraph 55(1) of Schedule 16 to the Local Government Act 1972”.

(2) In Schedule 13 to that Act—

(a) in paragraph 13(d), for the words “section 215 of the Town and Country Planning Act 1971” there shall be substituted the words “section 252 of the Town and Country Planning Act 1990”;

(b) in paragraph 19, for the words “paragraph 1(3) of Schedule 20 to the Town and Country Planning Act 1971” there shall be substituted the words “paragraph 1(3) of Schedule 14 to the Town and Country Planning Act 1990”.

The Town and Country Planning (Amendment) Act 1985 (c. 52)

70 In section 3(4) of the Town and Country Planning (Amendment) Act 1985 for the words “sections 1 and 2” there shall be substituted the words “section 2”.

The Housing Act 1985 (c. 68)

71 (1) In section 256 of the Housing Act 1985—

(a) in subsection (1) for the words “section 212 of the Town and Country Planning Act 1971” there shall be substituted the words “sections 249 and 250 of the Town and Country Planning Act 1990”;

(b) in subsection (2) for the words “subsection (2) or (8) of that section” there shall be substituted the words “subsection (2) or (6) of section 249”;

(c) in subsection (4) for the words “subsection (2) of that section” and “subsection (5) of that section” there shall be substituted respectively the words “subsection (2) of section 249” and “subsection (1) of section 250”.

(2) In section 303 of that Act, for the words “section 54 of the Town and Country Planning Act 1971” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(3) In section 305 of that Act—

(a) in subsection (1), for the words “under section 55 of the Town and Country Planning Act 1971 (listed building consent) for his consent” there shall be substituted the words “for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(b) in subsection (6)(a) and (b), for the words “Part VI of the Town and Country Planning Act 1971” there shall be substituted the words “Part IX of the Town and Country Planning Act 1990”;

(4) In section 306 of that Act—

(a) in subsection (1), for the words “under section 55 of the Town and Country Planning Act 1971 for his consent” there shall be substituted the words “for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(b) in subsection (2)(b), for the words “Part VI of the Town and Country Planning Act 1971” there shall be substituted the words “Part IX of the Town and Country Planning Act 1990”.

(5) In section 610(1)(b) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(6) In paragraph 3(2) of Schedule 1 to that Act, for the words “section 22 of the Town and Country Planning Act 1971” there shall be substituted the words “section 55 of the Town and Country Planning Act 1990”.

The Agricultural Holdings Act 1986 (c. 5)

72 In paragraph 8(2) of Part II of Schedule 3 to the Agricultural Holdings Act 1986, for the words “section 30A(2) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

The Airports Act 1986 (c. 31)

73 (1) In section 59(6) of the Airports Act 1986, for the words “section 128 of the Town and Country Planning Act 1971” and “Part VI of that Act of 1971” there shall be substituted respectively the words “sections 238 to 240 of the Town and Country Planning Act 1990” and “Part IX of that Act of 1990”.

(2) In section 61 of that Act—

(a) in subsection (1)—

(i) in paragraph (a), for the words “section 164, 165, 169, 187(2), or 237(1) of the Town and Country Planning Act 1971 (“the 1971 Act”)” there shall be substituted the words “section 107, 108, 114, 144(2) or 279(1) of the Town and Country Planning Act 1990 (“the 1990 Act”)”;

(ii) in paragraph (b), for the words “section 164 of the 1971 Act” and “section 45 of the 1971 Act” there shall be substituted respectively the words “section 107 of the 1990 Act” and “section 97 of the 1990 Act”;

(b) in subsection (2), for the words “section 168 of the 1971 Act” there shall be substituted the words “sections 111 and 112 of the 1990 Act”;

(c) in subsection (3) for the words “section 180 of the 1971 Act” and “section 181(2) or 186(1) of the 1971 Act” there shall be substituted respectively the words “section 137 of the 1990 Act” and “section 139(3) or 143(1) of the 1990 Act”;

(d) in subsection (5), for the words “section 45 of the 1971 Act” there shall be substituted the words “section 97 of the 1990 Act”;

(e) in subsection (6), for the words “the 1971 Act” there shall be substituted the words “the 1990 Act”.

The Finance Act 1986 (c. 41)

74 In paragraph (a) of the definition of “the relevant planning enactment” in paragraph 1(1) of Schedule 13 to the Finance Act 1986, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

The Channel Tunnel Act 1987 (c. 53)

75 In Part III of Schedule 2 to the Channel Tunnel Act 1987, in paragraph 27(8) for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

The Norfolk and Suffolk Broads Act 1988 (c. 4)

76 In section 25(1) of the Norfolk and Suffolk Broads Act 1988, in paragraph (a) of the definition of “statutory undertaker” for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Dartford-Thurrock Crossing Act 1988 (c. 20)

77 In section 30 of the Dartford-Thurrock Crossing Act 1988, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Education Reform Act 1988 (c. 40)

78 In section 90(2) of the Education Reform Act 1988, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Housing Act 1988 (c. 50)

79 (1) In section 28(6) of the Housing Act 1988, for the words “has the same meaning as in section 43(3) of the Town and Country Planning Act 1971” there shall be substituted the words “has the meaning given in section 56(6) of the Town and Country Planning Act 1990”.

(2) In section 66 of that Act—

(a) in subsection (2) for the words “section 24 of the 1971 Act” and “that section” there shall be substituted respectively the words “sections 59 to 61 of the 1990 Act” and “section 59”;

(b) in subsection (3) for the words “section 54(1) of the 1971 Act” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(c) in subsection (4)(a) for the words “section 1 of the 1971 Act” there shall be substituted the words “sections 1 and 2 of the 1990 Act”;

(d) in subsection (4)(b) for the words “paragraph 32 of Schedule 16 to the Local Government Act 1972” there shall be substituted the words “paragraph 1 of Schedule 1 to the 1990 Act”.

(3) In section 67 of that Act—

(a) in subsection (1) for the words from the beginning to “Act” there shall be substituted the words “The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990,” and the words from “in place” onwards shall be omitted;

(b) in subsection (3)—

(i) in paragraph (a) for the words from “Parts” to “Act” there shall be substituted the words “the provisions mentioned in subsection (3A) below”;

(ii) in paragraph (b) for the words from “Part” to “Act” there shall be substituted the words “Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

“(3A) The provisions referred to in subsection (3)(a) above are sections 96, 100, 104, 172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to 25 and 36 of the Planning (Hazardous Substances) Act 1990.”;

(d) subsections (5) and (6) shall be omitted.

(4) For paragraph (g) of section 92(1) of that Act there shall be substituted—

“(g) “the 1990 Act” means the Town and Country Planning Act 1990”.

(5) In Part I of Schedule 9 to that Act—

(a) in paragraph 3(1)(a) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

(b) in paragraph 4(b) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990”.

(6) In Part II of Schedule 10 to that Act—

(a) in paragraph 12(6) for the words “Sections 238 and 240 of the Town and Country Planning Act 1971” and “section 237(2)” there shall be substituted respectively the words “Sections 280 and 282 of the Town and Country Planning Act 1990” and “section 279(2)”;

(b) in paragraph 14(8) for the words “Sections 238 and 240 of the Town and Country Planning Act 1971” and “section 237(3)” there shall be substituted respectively the words “Sections 280 and 282 of the Town and Country Planning Act 1990” and “section 279(4)”.

The National Maritime Museum Act 1989 (c. 8)

80 In section 1(4) of the National Maritime Museum Act 1989, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990”.

The Water Act 1989 (c. 15)

81 (1) In section 130(8) of the Water Act 1989 for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(2) In section 163 of that Act for the words “section 40 of the Town and Country Planning Act 1971” and “the said Act of 1971” there shall be substituted respectively the words “section 90 of the Town and Country Planning Act 1990” and “the said Act of 1990”.

(3) In section 192(5) of that Act for the words “section 266 of the Town and Country Planning Act 1971” and “subsection (7) of the said section 266” there shall be substituted respectively the words “section 293 of the Town and Country Planning Act 1990” and “subsection (3) of the said section 293”.

The Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)

82 In Schedule 4 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, in paragraph 1 for the words “Sections 230 to 232 of the Town and Country Planning Act 1971” and “the 1971 Act” there shall be substituted respectively the words “Sections 271 to 274 of the Town and Country Planning Act 1990” and “the 1990 Act”.

The Electricity Act 1989 (c. 29)

83 (1) In paragraph 2(5) of Schedule 3, paragraph 12 of Schedule 4 and paragraph 2(6)(a) of Schedule 8 to the Electricity Act 1989, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(2) In Part II of Schedule 17 to that Act, in paragraph 37(1)(b) for the words “section 1B of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Planning (Hazardous Substances) Act 1990”.

The Local Government and Housing Act 1989 (c. 42)

84 In section 94 of the Local Government and Housing Act 1989—

(b) in subsection (2) for the words “subsection (2) or subsection (8) of that section” there shall be substituted the words “subsection (2) or subsection (6) of section 249”;