Statutory Instruments

2005 No. 204 (C.8)

TOWN AND COUNTRY PLANNING, ENGLAND

The Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Savings) Order 2005

Made

3rd February 2005

The Secretary of State, in exercise of the powers conferred upon him by section 121(1) and (2) and section 122(3) of the Planning and Compulsory Purchase Act 2004( 1 ), and after consultation( 2 ) with the National Assembly for Wales, hereby makes the following Order:

Citation and interpretation

1. —(1) This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Savings) Order 2005.

(2) In this Order “the Act” means the Planning and Compulsory Purchase Act 2004 .

Provisions coming into force on 7th March 2005 in relation to England

2. To the extent to which they are not already in force, sections 52 and 53 of the Act shall come into force in relation to England on 7th March 2005.

Provisions coming into force on 1st April 2005 in relation to England

3. Subject to article 4 and to the extent to which they are not already in force, section 55 of, and Schedule 2 to, the Act shall come into force in relation to England on 1st April 2005.

Savings

4. —(1) This paragraph applies to a decision mentioned in paragraph (1) or (2) of Schedule 2 to the Act which is to be taken on or after 1st April 2005 following the holding of an inquiry( 3 ) or hearing( 4 ) which closed before that date.

(2) This paragraph applies to a decision mentioned in paragraph (1) or (2) of Schedule 2 to the Act which is to be taken on or after 1st April 2005 where–

(a) the decision relates to an appeal which is to be disposed of on the basis of written representations( 5 ) following a visit to the site which is the subject of the appeal; and

(b) that visit took place before that date.

(3) Schedule 2 to the Act shall have no effect in relation to a decision to which paragraph (1) or (2) above applies.

Signed by the authority of the First Secretary of State

Keith Hill

Minister of State, Office of the Deputy Prime Minister

3rd February 2005

( 1 )

2004 c. 5

( 2 )

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

( 3 )

see the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 (S.I. 2000/1624 ).

( 4 )

see the Town and Country Planning (Hearings Procedure) (England) Rules 2000 (S.I. 2000/1626 ).

( 5 )

see the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 (S.I. 2000/ 1628) .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj