Statutory Instruments
Acquisition Of Land, England
Town And Country Planning, England
Made
25th February 2010
Laid before Parliament
4th March 2010
Coming into force
1st April 2010
The Secretary of State in exercise of the powers conferred by sections 149(3)(a) and 333(7) of the Town and Country Planning Act 1990 (1) makes the following Order:
1.—(1) This Order may be cited as the Town and Country Planning (Blight Provisions) (England) Order 2010 and shall come into force on 1st April 2010.
(2) This Order applies to England.
2. The amount prescribed for the purposes of section 149(3)(a) of the Town and Country Planning Act 1990 is £34,800.
3. The Town and Country Planning (Blight Provisions) (England) Order 2005 is revoked(2).
Signed by the authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th February 2010
(This note is not part of the Order)
The blight notice provisions in sections 149 to 171 of the Town and Country Planning Act 1990 (c.8) enable persons holding certain interests in categories of land, specified in Schedule 13 to that Act (including land affected by certain planning and highway proposals), to require the appropriate authority to acquire their interest in the land.
One of the interests in land which qualifies for protection is the interest of an owner-occupier of a hereditament where the annual value does not exceed such amount as may be prescribed by the Secretary of State. This Order increases the annual value limit from £29,200 to £34,800 to take account of the rating revaluation in the year 2010. Hereditament means a relevant hereditament within the meaning of section 64(a) to (c) of the Local Government Finance Act 1988.
The Town and Country Planning (Blight Provisions) (England) Order 2005 (S.I. 2005/406) is revoked.
1990 c.8; for the meaning of “prescribed” see section 336(1). The Secretary of State can exercise the power to make regulations under sections 149 and 333 only in relation to England. The power to make these regulations in relation to Wales transferred from the Secretary of State to the National Assembly of Wales under article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the entry in Schedule 1 for the Town and Country Planning Act 1990 as varied by article 4 of, and paragraph (d) of Schedule 3 to, the National Assembly of Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) (W.5). This power is now exercisable by the Welsh Ministers: see paragraph 30(1) of Schedule 11 to the Government of Wales Act 2006 (c.32).