Long title | An Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land. |
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Citation | 2004 c. 5 |
Territorial extent | England and Wales, except that sections 111(1) and 118(2) and 120 to 122 and 124 and 125 also extend, and sections 90 to 98 and 117(8) and 119(2) only extend, to Scotland, and the extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked. [2] |
Dates | |
Royal assent | 13 May 2004 |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Planning and Compulsory Purchase Act 2004 (c. 5) is an Act of the Parliament of the United Kingdom. It was promoted by the Office of the Deputy Prime Minister. It substantially reforms the town planning and compulsory purchase framework in the United Kingdom.
It both amended and repealed significant parts of the existing planning and compulsory purchase legislation in force at the time, including the Town and Country Planning Act 1990, and introduced reforms such as the abolition of local plans and structure plans, and their replacement with Local Development Frameworks.
The act took over 18 months to negotiate its passage through Parliament and required special dispensation both to be carried over from one parliamentary session to another and to prevent it being lost on one occasion due to an error in the wording of a Commons motion. [3]
The bill was introduced in the House of Commons in December 2002. It was re-committed to Commons committee to allow the inclusion of significant new material relating to the removal of Crown immunity and compulsory purchase and carried over to the following session.
The act received royal assent on 13 May 2004 and came into force in mid July 2004; regulations implementing the parts of the act reforming development plans came into force shortly afterwards.
The remaining sections of the act are being implemented by further regulations and development orders.
The United Kingdom has three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law, Scots law, Northern Ireland law, and, since 2007, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system.
Eminent domain, land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation is the power to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
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The Town and Country Planning Act 1990 is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United Kingdom. Repealed in parts by the Planning and Compensation Act 1991, it is now also complemented by the Planning and Compulsory Purchase Act 2004.
A local development framework is the spatial planning strategy introduced in England and Wales by the Planning and Compulsory Purchase Act 2004 and given detail in Planning Policy Statements 12. In most parts of the two countries, maintaining the framework is the responsibility of English district councils and Welsh principal area councils.
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An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
In the UK and certain other Commonwealth countries, King's Consent is a parliamentary convention under which Crown consent is sought whenever a proposed parliamentary bill will affect the Crown's own prerogatives or interests. Prince's Consent is a similar doctrine, under which consent of the Prince of Wales must be obtained for matters relating to the Duchy of Cornwall. King's or Prince's Consent must be obtained early in the legislative process, generally before parliament may debate or vote on a bill. In modern times, following the tenets of constitutional monarchy, consent is granted or withheld as advised by government.
Planning gains are ways that local authorities in the United Kingdom can secure additional public benefits from developers, during the granting of planning permission.
Compulsory purchase is the power to purchase rights over an estate in English land law, or to buy that estate outright, without the current owner's consent. In England and Wales, Parliament has granted several different kinds of compulsory purchase power, which are exercisable by various bodies in various situations. Such powers are meant to be used "for the public benefit". This expression is interpreted broadly.
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