Search Legislation

The Planning Act 2008 (Commencement No. 5 and Saving) Order 2010

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2010 No. 566 (C. 39)

Town And Country Planning

Community Infrastructure Levy

The Planning Act 2008 (Commencement No. 5 and Saving) Order 2010

Made

3rd March 2010

The Secretary of State, in exercise of the powers conferred by section 241(8) and (10) of the Planning Act 2008(1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Planning Act 2008 (Commencement No. 5 and Saving) Order 2010.

(2) In this Order—

“the Act” means the Planning Act 2008, and

“direction” means a direction under article 4 of the Town and Country Planning (General Permitted Development) Order 1995(2).

Provision coming into force on 6th April 2010

2.  Section 224(3) of the Act shall come into force on 6th April 2010.

Provisions coming into force on 6th April 2010 in relation to England and Wales

3.  The following provisions of the Act (so far as they are not yet in force) shall come into force, in relation to England and Wales, on 6th April 2010—

(a)section 189;

(b)section 190(4);

(c)section 206; and

(d)section 238 and Schedule 13, so far as they give effect to the repeals specified in the Schedule to this Order.

Saving

4.  The coming into force of section 189 of the Act shall have no effect in relation to any direction given before 6th April 2010.

Signed by authority of the Secretary of State for Communities and Local Government

Ian Austin

Parliamentary Under Secretary of State

Department for Communities and Local Government

3rd March 2010

Article 3

SCHEDULERepeals (England and Wales)

ReferenceExtent of repeal
Planning and Compulsory Purchase Act 2004 (c.5)

Section 122(5)(a).

In section 122(6), “(a),”.

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order brings into force section 224(3) of the Act (Community Infrastructure Levy: amendments) on 6th April 2010.

Article 3 of this Order brings into force, on 6th April 2010, the following provisions of the Act in relation to England and Wales, so far as they are not already in force—

section 189 (compensation where development order or local development order withdrawn);

section 190(4) of the Act (power to make non-material changes to planning permission – register of applications etc);

section 206 (community infrastructure levy: the charge); and

section 238 and Schedule 13 (repeals as specified in the Schedule to this Order).

Article 4 provides a saving, in relation to the coming into force of section 189, for directions under article 4 of the Town and Country Planning (General Permitted Development) Order 1995, given before 6th April, 2010.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Sections 1 to 4 and Schedule 1 (so far as not already in force)

1st October 2009

2009/2260

Paragraphs 24 to 27 of Schedule 11st October 20092009/2573
Sections 5 to 12 (so far as not already in force)

6th April 2009

2009/400

Section 14 partially (so far as not already in force)

1st March 2010

2010/101

Sections 15 to 20 as to England and Wales1st March 20102010/101
Section 211st March 20102010/101
Sections 22 to 26 as to England and Wales1st March 20102010/101
Sections 31 to 351st March 20102010/101
Section 36 and Schedule 21st March 20102010/101
Sections 37 to 40 (so far as not already in force)

1st October 2009

2009/2260

Sections 41 to 50 (so far as not already in force)

1st October 2009

2009/2260

Sections 51 to 54 (so far as not already in force)

1st October 2009

2009/2260

Section 551st March 20102010/101
Sections 56 to 59 (so far as not already in force)

1st October 2009

2009/2260

Sections 60 to 117 and Schedule 31st March 20102010/101
Section 118 as to England and Wales1st March 20102010/101
Section 119 and Schedule 41st March 20102010/101
Section 120 to 121 and Schedule 51st March 20102010/101
Sections 122 to 1321st March 20102010/101
Section 133 as to England and Wales1st March 20102010/101
Sections 134 to 1381st March 20102010/101
Sections 139 to 149 as to England and Wales1st March 20102010/101
Sections 150 to 1521st March 20102010/101
Sections 154 to 1591st March 20102010/101
Sections 160 to 1741st March 20102010/101
Section 175 partially as to England and Wales, (so far as it is not already in force)

6th April 2009

2009/400

Section 175 partially as to England and Wales, (so far as it is not already in force)

1st March 2010

2010/101

Section 176 partially as to Scotland6th April 20092009/400
Section 176 partially as to Scotland1st March 20102010/101
Section 177 as to England and Wales6th April 20092009/400
Section 178 as to Scotland6th April 20092009/400
Section 179 as to England and Wales6th April 20092009/400
Section 180 to 182 as to England and Wales (so far as not already in force)

6th April 2009

2009/400

Section 183 as to England6th April 20092009/400
Section 184 as to England and Wales6th April 20092009/400
Section 185 as to England6th April 20092009/400
Section 187 and paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule 7 as to England

6th April 2009

2009/400

Paragraphs 2(3) and (4) and 3(3) of Schedule 7 as to England and Wales

6th April 2009

2009/400

Section 188 as to England23rd June 20092009/1303
Section 190 partially as to England and Wales

1st October 2009

2009/2260

Section 191(1) and (3) as to England6th April 20092009/400
Section 191(2) as to Wales6th April 20092009/400
Section 194 and paragraphs 1 to 4 and paragraph 6 of Schedule 9 as to England and Wales

6th April 2009

2009/400

Section 195 as to England and Wales6th April 20092009/400
Section 196 and paragraphs 1, 3 to 6, and 10 to 14 of Schedule 10 partially as to England and Wales

6th April 2009

2009/400

Section 197 and Schedule 11, section 198 and 199 as to England

6th April 2009

2009/400

Section 200, as to England (so far as not already in force)

1st October 2009

2009/2260

Section 206 partially as to England and Wales

6th April 2009

2009/400

Section 211(7) as to England and Wales6th April 20092009/400
Section 224(1) and (4) as to England and Wales

6th April 2009

2009/400

Section 224(1) and (4) as to England and Wales

6th April 2009

2009/400

Section 238 and Schedule 13 partially as to England and Wales

6th April 2009

2009/400

Section 238 and Schedule 13 partially as to England

6th April 2009

2009/400

Section 238 and Schedule 13 partially as to England

23rd June 2009

2009/1303

(2)

S.I 1995/418; relevant amendments were made by S.I. 1996/528, 2005/2935, 2006/124, 2006/1282 and 2006/1386.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources