Town and Country Planning Act 1990

Section 149.

SCHEDULE 13Blighted Land

Land allocated for public authority functions in development plans etc.

1Land indicated in a structure plan in force for the district in which it is situated either—

(a)as land which may be required for the purposes—

(i)of the functions of a government department, local authority or statutory undertakers, or of the British Coal Corporation, or

(ii)of the establishment or running by a public telecommunications operator of a telecommunication system, or

(b)as land which may be included in an action area.

• Notes

  (1)

  In this paragraph the reference to a structure plan in force includes a reference to—

  (a)

  proposals for the alteration or repeal and replacement of a structure plan which have been submitted to the Secretary of State under section 32;

  (b)

  modifications proposed to be made by the Secretary of State in any such plan or proposals, being modifications of which he has given notice in accordance with regulations under Part II.

  (2)

  Note (1) shall cease to apply when the copies of the proposals made available for inspection have been withdrawn under section 33(9) or 34 (but section 34(2) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the proposals).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject the proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 51.

  (5)

  This paragraph does not apply to land situated in a district for which a local plan is in force, where that plan—

  (a)

  allocates any land in the district for the purposes of such functions as are mentioned in this paragraph; or

  (b)

  defines any land in the district as the site of proposed development for the purposes of any such functions.

  (6)

  This paragraph does not apply to land within paragraph 5 or 6.

  (7)

  In the application of this paragraph to Greater London the reference to a structure plan shall be construed as a reference to the Greater London Development Plan and all references to alteration and repeal and replacement shall be omitted.

2Land which—

(a)is allocated for the purposes of any such functions as are mentioned in paragraph 1(a)(i) or (ii) by a local plan in force for the district, or

(b)is land defined in such a plan as the site of proposed development for the purposes of any such functions.

• Notes

  (1)

  In this paragraph the reference to a local plan in force includes a reference to—

  (a)

  a local plan of which copies have been made available for inspection under section 39(5);

  (b)

  proposals for the alteration or repeal and replacement of a local plan of which copies have been made available for inspection under section 39(5) or 40(2);

  (c)

  modifications proposed to be made by the local planning authority or the Secretary of State in any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given by the authority or the Secretary of State in accordance with regulations under Part II.

  (2)

  Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 41(4).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant plan or proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject, or the local planning authority decide to abandon, the plan or proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 51.

  (5)

  In the application of this paragraph to Greater London—

  (a)

  in Note (1) for the reference in paragraph (a) to section 39(5) there shall be substituted a reference to paragraph 8(2) of Part II of Schedule 2 and for the reference in paragraph (b) to that section there shall be substituted a reference to that paragraph as applied by paragraph 12 of that Part;

  (b)

  in Note (2) for the reference to section 41(4) there shall be substituted a reference to paragraph 11(2) of that Part.

3Land indicated in a unitary development plan in force for the district in which it is situated—

(a)as land which may be required for the purpose of any such functions as are mentioned in paragraph 1(a)(i) or (ii), or

(b)as land which may be included in an action area.

• Notes

  (1)

  In this paragraph the reference to a unitary development plan includes references to—

  (a)

  a unitary development plan of which copies have been made available for inspection under section 13(3);

  (b)

  proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) or under section 22;

  (c)

  modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

  (2)

  Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 13(7) or 14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant plan or proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

4Land which by a unitary development plan is allocated for the purposes, or defined as the site, of proposed development for any such functions as are mentioned in paragraph 1(a)(i) or (ii).

• Notes

  (1)

  In this paragraph the reference to a unitary development plan includes references to—

  (a)

  a unitary development plan of which copies have been made available for inspection under section 13(3):

  (b)

  proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) or under section 22;

  (c)

  modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

  (2)

  Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 13(7) or 14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant plan or proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

5Land 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 any functions of a government department, local authority or statutory undertakers.

6Land in respect of which a local planning authority—

(a)have resolved to take action to safeguard it for development for the purposes of any such functions as are mentioned in paragraph 5, 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.

New towns and urban development areas

7Land within an area described as the site of a proposed new town in the draft of an order in respect of which a notice has been published under paragraph 2 of Schedule 1 to the [1981 c. 64] New Towns Act 1981.

• Note

  Land shall cease to be within this paragraph when—

  (a)

  the order comes into operation (whether in the form of the draft or with modifications), or

  (b)

  the Secretary of State decides not to make the order.

8Land within an area designated as the site of a proposed new town by an order which has come into operation under section 1 of the New Towns Act 1981.

9Land which is—

(a)within an area intended to be designated as an urban development area by an order which has been made under section 134 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 but has not come into effect; or

(b)within an area which has been so designated by an order under that section which has come into effect.

Clearance and renewal areas

10Land within an area declared to be a clearance area by a resolution under section 289 of the [1985 c. 68.] Housing Act 1985.

11Land which—

(a)is surrounded by or adjoining an area declared to be a clearance area by a resolution under section 289 of the [1985 c. 68.] Housing Act 1985, and

(b)is land which a local authority have determined to purchase under section 290 of that Act.

12Land indicated by information published in pursuance of section 92 of the [1989 c. 42.] Local Government and Housing Act 1989 as land which a local authority propose to acquire in exercise of their powers under Part VII of that Act (renewal areas).

Highways

13Land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in paragraphs 1, 2, 3 and 4) 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.

14Land 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 [1980 c. 66.] Highways Act 1980 (or under the corresponding provisions of Part II of the [1959 c. 25.] Highways Act 1959 or section 1 of the [1971 c. 41.] Highways 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.

15Land 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.

16Land on which the Secretary of State proposes to provide a trunk road or a special road and has given to the local planning authority written notice of his intention to provide the road, together with maps or plans sufficient to identify the proposed route of the road.

17Land 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 [1980 c. 66] Highways Act 1980.

18Land shown in a written notice given by the Secretary of State to the local planning authority as land proposed to be acquired by him for the purposes of section 246(1) of the Highways Act 1980 in connection with a trunk road or special road which he proposes to provide.

New streets

19Land which—

(a)either—

(i)is within the outer lines prescribed by an order under section 188 of the Highways Act 1980 (orders prescribing minimum width of new streets) or section 159 of the [1959 c. 25.] Highways Act 1959 (which is the predecessor of that section); or

(ii)has a frontage to a highway declared to be a new street by an order under section 30 of the [1925 c. 71.] Public Health Act 1925 and lies within the minimum width of the street prescribed by any byelaws or local Act applicable by virtue of the order; and

(b)is, or is part of—

(i)a dwelling erected before, or under construction on, the date on which the order is made; or

(ii)the curtilage of any such dwelling.

• Note

  This paragraph does not include any land in which the appropriate authority have previously acquired an interest either in pursuance of a blight notice served by virtue of this paragraph or by agreement in circumstances such that they could have been required to acquire it in pursuance of such a notice.

General improvement areas

20Land indicated by information published in pursuance of section 257 of the [1985 c. 68.] Housing Act 1985 as land which a local authority propose to acquire in the exercise of their powers under the provisions of Part VIII of that Act relating to general improvement areas.

Compulsory purchase

21Land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable.

22Land in respect of which—

(a)a compulsory purchase order is in force; or

(b)there is in force a compulsory purchase order providing for the acquisition of a right or rights over that land;

and the appropriate authority have power to serve, but have not served, notice to treat in respect of the land or, as the case may be, the right or rights.

• Notes

  (1)

  This paragraph applies also to land in respect of which—

  (a)

  a compulsory purchase order has been submitted for confirmation to, or been prepared in draft by, a Minister, and

  (b)

  a notice has been published under paragraph 3(1)(a) of Schedule 1 to the [1981 c. 67.] Acquisition of Land Act 1981 or under any corresponding enactment applicable to it.

  (2)

  Note (1) shall cease to apply when—

  (a)

  the relevant compulsory purchase order comes into force (whether in its original form or with modifications); or

  (b)

  the Minister concerned decides not to confirm or make the order.