Statutory Instruments
2013 No. 2878 (C. 116)
Town And Country Planning, England
The Growth and Infrastructure Act 2013 (Commencement No. 5 and Transitional and Saving Provisions) Order 2013
Made
7th November 2013
The Secretary of State, in exercise of the powers conferred by section 35 of the Growth and Infrastructure Act 2013( 1 ), makes the following Order:
Citation and interpretation
1. —(1) This Order may be cited as the Growth and Infrastructure Act 2013 (Commencement No. 5 and Transitional and Saving Provisions) Order 2013.
(2) In this Order—
“the 1990 Act” means the Town and Country Planning Act 1990 ( 2 );
“the Act” means the Growth and Infrastructure Act 2013 ;
“the Development Management Procedure Order” means the Town and Country Planning (Development Management Procedure) (England) Order 2010 ( 3 );
“draft local development order” means a local development order which has been prepared by a local planning authority in England in accordance with article 34(1) of the Development Management Procedure Order, but has not yet been adopted by the local planning authority;
“local development order” has the meaning given in section 61A of, and Schedule 4A to, the 1990 Act.
Provisions coming into force on 9th December 2013
2. Subject to article 3, section 5 of the Act (local development orders: repeal of pre-adoption intervention powers) comes into force on 9th December 2013.
Transitional and saving provisions
3. —(1) Where consultation on a draft local development order in accordance with article 34(5) of the Development Management Procedure Order begins on or after 9th December 2013 the amendments in section 5(1) to (5) of the Act shall apply to that order.
(2) Where consultation on a draft local development order in accordance with article 34(5) of the Development Management Procedure Order begins before 9th December 2013, section 61B of, and Schedule 4A to, the 1990 Act shall apply to that order without the amendments in section 5(1) to (5) of the Act.
Signed by authority of the Secretary of State for Communities and Local Government
Nick Boles
Parliamentary Under Secretary of State
Department for Communities and Local Government
7th November 2013
1990 c. 8 , sections 61A and 61B and Schedule 4A were inserted by section 40 of, and Schedule 1 to, the Planning and Compulsory Purchase Act 2004 (c. 5) .
S.I. 2010/2184 , as amended by S.I. 2011/1824 . There are other amendments which are not relevant to this Order.