The Planning and Compensation Act 1991 (Commencement No.1 and Transitional Provisions) Order 1991

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order brings into force on 25th September 1991 the following provisions of the Planning and Compensation Act 1991—

• section 15 (assessment of environmental effects),

• section 17 (power of local planning authority to decline to determine applications),

• section 18 (dismissal of appeals in cases of undue delay),

• section 21 (mines and waste),

• section 22 (old mining permissions),

• section 25 (listed buildings, conservation areas and hazardous substances), in so far as it relates to paragraph 1 of Part 1 of Part I of Schedule 3 (changes relating to enforcement),

• section 26 (status of development plans),

• section 29 (functions of Historic Buildings and Monuments Commission),

• section 31(1), (4) (so far as that subsection is not yet in force), (5) and (6) (planning compensation repeals),

• section 32 (planning minor and consequential amendments), in so far as it relates to paragraphs 8, 9(2)(c), 10(1), 36, 51, 54(1), 3(a), 56 and 57(1), (2)(b), (3)(b) and (4) of Schedule 7,

• sections 62 to 70 (land compensation etc.) except in so far as section 70 relates to paragraph 32 of Schedule 15,

• section 80 (interest on compensation and payments on account) except in so far as relates to the Planning (Hazardous Substances) Act 1990,

• section 81 (abolition of new street byelaws), and

• section 84(6) (repeals), in so far as it relates to Part II of Schedule 19 (except repeals already in force by virtue of section 84(4)), Parts III and V of that Schedule and the repeals in Parts I and IV of that Schedule specified in Schedule 1 to this Order.

Article 4 of, and Schedule 2 to, the Order limit, as specified there, the commencement of—

• section 17(1) (power of local planning authority to decline to determine applications),

• sections 63 to 65, 67, 69 (land compensation etc.),

• section 80(1) (interest on compensation),

• paragraphs 11, 12, 14, 17, 29, 30, 38, and 49 of Schedule 6 (planning compensation repeals: minor and consequential amendments),

• paragraphs 1, 2, 4, 6, 7, 9 to 12, 15 to 20, 22 to 24, 27, 30 and 31 of Schedule 15 (amendments relating to land compensation), and

• the repeals in Schedule 19 of or in sections 5, 17, and 22 of the Land Compensation Act 1961, sections 29(1), 34 and 52 of the Land Compensation Act 1973, section 9 of the Housing and Planning Act 1986 and sections 80, 81, 113, 311(1)(b), 312 and 336(1) of the Town and Country Planning Act 1990.

Section 31(5) of the 1991 Act prevents the repeals effected by section 31(1) of that Act affecting any claim for compensation under Part V of the Town and Country Planning Act 1990 duly made before 25th September 1991.