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Town and Country Planning Act 1990

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HighwaysE+W

13ELand indicated in a development plan (otherwise than by being dealt with in a manner mentioned in [F1paragraph 1A]) as—

(a)land on which a highway is proposed to be constructed, or

(b)land to be included in a highway as proposed to be improved or altered.

Extent Information

E1This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

F1Words in Sch. 13 para. 13 substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 18(6) (with s. 111); S.I. 2004/2202, art. 2

13WLand indicated in a development plan (otherwise than by being dealt with in a manner mentioned in [F8paragraph 1A or 1B]) as—

(a)land on which a highway is proposed to be constructed, or

(b)land to be included in a highway as proposed to be improved or altered.

Extent Information

E2This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

F8Words in Sch. 13 para. 13 substituted for the words "paragraphs 1, 2, 3 and 4" (5.10.2005 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722), art. 3(6)

14E+WLand on or adjacent to the line of a highway proposed to be constructed, improved or altered, as indicated in an order or scheme which has come into operation under Part II of the M1Highways Act 1980 (or under the corresponding provisions of Part II of the M2Highways Act 1959 or section 1 of the M3Highways Act 1971), being land in relation to which a power of compulsory acquisition conferred by any of the provisions of Part XII of that Act of 1980 (including a power compulsorily to acquire any right by virtue of section 250) may become exercisable, as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme.

Notes

(1)In this paragraph the reference to an order or scheme which has come into operation includes a reference to an order or scheme which has been submitted for confirmation to, or been prepared in draft by, the Minister of Transport or the Secretary of State under Part II of that Act of 1980 and in respect of which a notice has been published under paragraph 1, 2 or 10 of Schedule 1 to that Act.

(2)Note (1) shall cease to apply when—

(a)the relevant order or scheme comes into operation (whether in its original form or with modifications), or

(b)the Secretary of State decides not to confirm or make the order or scheme.

(3)In this paragraph the reference to land required for purposes of construction, improvement or alteration as indicated in an order or scheme includes a reference to land required for the purposes of section 246(1) of the Highways Act 1980.

Marginal Citations

15E+WLand shown on plans approved by a resolution of a local highway authority as land comprised in the site of a highway as proposed to be constructed, improved or altered by that authority.

F2 [ 16 E+WLand comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State [F3or a strategic highways company if he or it] has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority.]

Textual Amendments

F3Words in Sch. 13 para. 16 substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 109(2); S.I. 2015/481, reg. 2(a)

17E+WLand shown on plans approved by a resolution of a local highway authority as land proposed to be acquired by them for the purposes of section 246(1) of the M4Highways Act 1980.

Marginal Citations

18E+WLand shown in a written notice given by the Secretary of State [F4or a strategic highways company] to the local planning authority as land proposed to be acquired by him [F5or it] for the purposes of section 246(1) of the Highways Act 1980 in connection with a [F6highway] which he [F7or it] proposes to provide.

Textual Amendments

F4Words in Sch. 13 para. 18 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 109(3)(a); S.I. 2015/481, reg. 2(a)

F5Words in Sch. 13 para. 18 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 109(3)(b); S.I. 2015/481, reg. 2(a)

F6Words in Sch. 13 para. 18 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. I para. 14(2)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F7Words in Sch. 13 para. 18 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 109(3)(c); S.I. 2015/481, reg. 2(a)

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