Town and Country Planning Act 1990

Land allocated for public authority functions in development plans etc.E+W

1E+WF1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21AE+WLand which is identified for the purposes of relevant public functions by a development plan document for the area in which the land is situated [F3or by a neighbourhood development plan for the area in which the land is situated].

Notes

(1)Relevant public functions are—

(a)the functions of a government department, local authority, National Park authority or statutory undertakers;

(b)the establishment or running by a public telecommunications operator of a telecommunication system.

(2)For the purposes of this paragraph a development plan document is—

(a)a development plan document which is adopted or approved for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (in this paragraph, the 2004 Act);

(b)a revision of such a document in pursuance of section 26 of the 2004 Act which is adopted or approved for the purposes of Part 2 of the 2004 Act;

(c)a development plan document which has been submitted to the Secretary of State for independent examination under section 20(1) of the 2004 Act;

(d)a revision of a development plan document in pursuance of section 26 of the 2004 Act if the document has been submitted to the Secretary of State for independent examination under section 20(1) of that Act.

[F4(2A)For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 Act).]

(3)But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.

(4)In Note (2)(c) and (d) the submission of a development plan document to the Secretary of State for independent examination is to be taken to include the holding of an independent examination by the Secretary of State under section 21 or section 27 of the 2004 Act.

[F5(6)Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.]]

[F61BE+WLand in Wales which is identified for the purposes of relevant public functions by a local development plan [F7or strategic development plan] for the area in which the land is situated.

Notes

(1)Relevant public functions are—

(a)the functions of the [F8Welsh Ministers], a government department, local authority, National Park authority or statutory undertakers;

(b)the establishment or running by a public telecommunications operator of a telecommunications system.

(2)For the purposes of this paragraph a local development plan [F9or strategic development plan] is—

(a)a local development plan [F9or strategic development plan] which is adopted or approved for the purposes of Part 6 of the Planning and Compulsory Act 2004 (in this paragraph, the 2004 Act);

(b)a revision of [F10such a plan] in pursuance of section 70 of the 2004 Act which is adopted or approved for purposes of Part 6 of the 2004 Act;

(c)a local development plan [F11or strategic development plan] which has been submitted to the [F12Welsh Ministers] for independent examination under section 64(1) of the 2004 Act;

(d)a revision of [F13such a plan] in pursuance of section 70 of the 2004 Act if the plan has been submitted to the [F14Welsh Ministers] for independent examination under section 64(1) of that Act.

(3)But Note (2)(c) and (d) does not apply if the plan is withdrawn under section 66 [F15or 66A] of the 2004 Act at any time after it has been submitted for independent examination.

(4)In Note (2)(c) and (d) the submission of a F16... plan to the [F17Welsh Ministers] for independent examination is to be taken to include the holding of an independent examination by the [F17Welsh Ministers] under section 65 or section 71 of the 2004 Act.]

[F181CE+WLand in Wales which is identified for the purposes of relevant public functions (within the meaning of paragraph 1B) by the National Development Framework for Wales.

2E+WF19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3E+WF20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E+WF21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5ELand indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of [F22relevant public functions (within the meaning of paragraph 1A)] .

5WLand indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of [F24relevant public functions (within the meaning of paragraph 1A or 1B)] .

6ELand in respect of which a local planning authority—

(a)have resolved to take action to safeguard it for development for the purposes of [F23relevant public functions (within the meaning of paragraph 1A)]

(b)have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.

6WLand in respect of which a local planning authority—

(a)have resolved to take action to safeguard it for development for the purposes of [F25relevant public functions (within the meaning of paragraph 1A or 1B)] , or

(b)have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.