Statutory Instruments

2005 No. 2081 (C.90 )

TOWN AND COUNTRY PLANNING

The Planning and Compulsory Purchase Act 2004 (Commencement No.5 and Savings) Order 2005

Made

25th July 2005

The Secretary of State, in exercise of the powers conferred on 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. 5 and Savings) Order 2005.

(2) In this Order—

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004 ;

“the 1990 Act” means the Town and Country Planning Act 1990 ( 3 ); and

“the listed buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ( 4 ).

Provisions coming into force on 24th August 2005 in relation to England

2. Subject to article 4, the following provisions of the 2004 Act shall come into force in relation to England on 24th August 2005—

(a) section 43 except—

(i) in so far as the substitution made by subsection (1) relates to section 70B of the 1990 Act;

(ii) subsection (2);

(iii) in so far as the substitution made by section (3) relates to section 81B of the listed buildings Act; and

(iv) in so far as the substitution made by subsection (4)(b) relates to that section;

(b) section 44;

(d) to the extent to which they are not already in force—

(i) section 54; and

(ii) paragraph 16(4) of Schedule 6.

Provisions coming into force on 24th August 2005

3. To the extent to which it is not already in force, section 116 of the 2004 Act shall come into force on 24th August 2005.

Savings

4. —(1) Section 44 shall have no effect in relation to an application for planning permission, or an application for approval by a local planning authority required under a development order, received by a local planning authority before 24th August 2005.

(2) During the period of one year beginning on 24th August 2005, section 51(3) and (5) shall have no effect in relation to an application to change, vary or discharge a condition subject to which a previous planning permission or listed building consent was granted before that date.

(3) The duty in section 54(4) to give a substantive response to any consultation mentioned in subsection (2) of that section shall have no effect in relation to an application for permission, approval or consent under or by virtue of the planning Acts received by a local planning authority before 24th August 2005.

(4) Paragraph 16(4) of Schedule 6 shall have no effect in relation to an application for planning permission received by a local planning authority before 24th August 2005.

Signed by the authority of the First Secretary of State

Yvette Cooper

Minister of State Office of the Deputy Prime Minister

25th July 2005

( 1 )

2004 c. 5

( 2 )

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

( 3 )

1990 c. 8 .

( 4 )

1990 c. 9 .

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

Defined Term	Section/Article	ID
the 1990 Act	art. 1.	def_ebea43b943
the 2004 Act	art. 1.	def_d903e1e636
the listed buildings Act	art. 1.	def_1b0c93b323