Citation, commencement and interpretation

1.—(1) This Order may be cited as the Town and Country Planning (Blight Provisions) Order 1990 and shall come into force on 1st April 1990.

(2) In this Order “the Act” means the Town and Country Planning Act 1971.

Amendments to blight provisions in consequence of the Local Government Finance Act 1988

2.  In section 192(4)(b) of the Act (interest qualifying for protection) omit “in a case not falling within the preceding paragraph,”.

3.  In section 207 of the Act (interpretation)–

(a)for the definition of “annual value” in subsection (1) substitute–

““annual value” means–

and expressions used in this definition (or in the definition of “appropriate value”) which are also used in Part III of the Local Government Finance Act 1988 have the same meaning as in that Part;”;

(b)for the definition of “hereditament” in subsection (1) substitute–

““hereditament” means a relevant hereditament within the meaning of section 64(4)(a) to (c) of the Local Government Finance Act 1988;”;

(c)after the definition of “annual value” substituted by paragraph (a) add–

““appropriate value”, in relation to the annual values mentioned in paragraphs (ii) and (iii) of the definition of “annual value”, means the value attributable to the hereditament (in the case of a hereditament to which paragraph (iii) of that definition applies) or the non-rateable part of the hereditament (in the case of a hereditament to which paragraph (ii) of that definition applies) in accordance with the following provisions of this definition–

and in this definition “relevant valuation officer” means the valuation officer who would have determined the rateable value in respect of the hereditament for the purposes of Part III of the Local Government Finance Act 1988 if the hereditament had fulfilled the conditions set out in section 42(1)(b) to (d) of that Act, and the “relevant date” is the date by reference to which that determination would have been made;”;

(d)for subsection (2) substitute–

“(2) Land which would comprise separate hereditaments within the definition of “hereditament” in subsection (1) solely by reason of being divided by a boundary between rating areas shall be treated as if it were not so divided for the purpose of that definition.”;

(e)omit subsections (3) and (4).

Limit of annual value

4.  The amount prescribed for the purposes of section 192(4)(a) of the Act is £18,000.

Revocation

5.  The Town and Country Planning (Limit of Annual Value) Order 1973(3) is hereby revoked.

Explanatory Note

(This note is not part of the Order)

This Order amends sections 192 and 207 of the Town and Country Planning Act 1971 (which relate to planning blight) to take account of the changes to the rating system made by the Local Government Finance Act 1988. The Order also increases from £2,250 to £18,000 the annual value limit which applies for the purposes of the blight provisions in the case of an owner-occupier of a hereditament. The blight provisions enable a person with an interest in certain categories of land (including land affected by certain planning and highway proposals) to require the appropriate authority to purchase that interest.