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Planning and Compulsory Purchase Act 2004

Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia

The Planning and Compulsory Purchase Act 2004[a] (c. 5) is an act of the Parliament of the United Kingdom. It was promoted by the Office of the Deputy Prime Minister. It substantially reforms the town planning and compulsory purchase framework in the United Kingdom.

Long titleAn Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land.
Territorial extentEngland and Wales, except that sections 111(1) and 118(2) and 120 to 122 and 124 and 125 also extend, and sections 90 to 98 and 117(8) and 119(2) only extend, to Scotland, and the extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.[b]
Royal assent13 May 2004
Quick facts Long title, Citation ...
Planning and Compulsory Purchase Act 2004[a]
Act of Parliament
coat of arms
Long titleAn Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land.
Citation2004 c. 5
Territorial extent England and Wales, except that sections 111(1) and 118(2) and 120 to 122 and 124 and 125 also extend, and sections 90 to 98 and 117(8) and 119(2) only extend, to Scotland, and the extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.[b]
Dates
Royal assent13 May 2004
Commencementvarious[c]
Other legislation
Amends
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Planning and Compulsory Purchase Act 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
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It both amended and repealed significant parts of the existing planning and compulsory purchase legislation in force at the time, including the Town and Country Planning Act 1990, and introduced reforms such as the abolition of local plans and structure plans, and their replacement with Local Development Frameworks.

History

The act took over 18 months to negotiate its passage through Parliament and required special dispensation both to be carried over from one parliamentary session to another and to prevent it being lost on one occasion due to an error in the wording of a Commons motion.[1]

The bill was introduced in the House of Commons in December 2002. It was re-committed to Commons committee to allow the inclusion of significant new material relating to the removal of Crown immunity and compulsory purchase and carried over to the following session.

The act received royal assent on 13 May 2004 and came into force in mid July 2004; regulations implementing the parts of the act reforming development plans came into force shortly afterwards.

The remaining sections of the act are being implemented by further regulations and development orders.

Provisions

Crown immunity

The act removed Crown immunity from the planning system.[2]

Compulsory purchase

The act made certain reforms to compulsory purchase.[3]

Wales

The act made changes to the planning system in Wales:[4]

  • The publication of the Wales spatial plan became a statutory duty of the National Assembly.
  • The procedure for local development plans was streamlined.

Structure

  • Part 1 - Regional Functions
  • Part 2 - Local Development
  • Part 3 - Development
  • Part 4 - Development Control
  • Part 5 - Correction of Errors
  • Part 6 - Wales
  • Part 7 - Crown Application of Planning Acts
    • Chapter 1 - England and Wales
    • Chapter 2 - Scotland
  • Part 8 - Compulsory Purchase
  • Part 9 - Miscellaneous and General

Notes

  1. Section 125.
  2. Section 124.
  3. Section 121.

References

Sources

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