Planning and Compulsory Purchase Act 2004
Encyclopedia
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It both amended and repealed significant parts of the existing planning and compulsory purchase legislation in force at the time, including the Town and Country Planning Act 1990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
.
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.
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 current 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 plan
s came into force shortly afterwards.
The remaining sections of the Act
are being implemented by further regulations and development orders.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. It was promoted by the Office of the Deputy Prime Minister. It substantially reforms the town planning
Town and country planning in the United Kingdom
Town and Country Planning is the land use planning system governments use to balance economic development and environmental quality. Each country of the United Kingdom has its own planning system that is responsible for town and country planning devolved to the Northern Ireland Assembly, the...
and compulsory purchase
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
framework in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
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
Town and Country Planning Act 1990
The Town and Country Planning Act 1990 is an act of the British Parliament regulating the development of land in England and Wales-Section 1:...
, and introduced reforms such as the abolition of Local Plans
Local Plans
In United Kingdom planning law, a local plan is an old-style development plan prepared by district and other local planning authorities. By virtue of specific transitional provisions, these plans will continue to operate for a time after the commencement of the new development plan system brought...
and Structure Plans
Structure Plans
A structure plan is an old-style development plan required by United Kingdom planning law. Structure plans set out strategic planning policies and form the basis for detailed policies in local plans...
, and their replacement with Local Development Frameworks
Local Development Frameworks
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...
.
History
The ActAct of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
took over 18 months to negotiate its passage through Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
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
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
motion.
The Bill was introduced in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
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 current session.
The Act received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 13 May 2004 and came into force in mid July 2004; Regulations implementing the parts of the Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
reforming development plan
Development Plan
A development plan is an aspect of town and country planning in the United Kingdom comprising a set of documents that set out the local authority's policies and proposals for the development and use of land in their area...
s came into force shortly afterwards.
The remaining sections of the Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
are being implemented by further regulations and development orders.
Structure of The Act
- Part 1 - Regional Functions
- Part 2 - Local Development
- Part 3 - Development
- Part 4 - Development Control
- Part 5 - Correction of Errors
- Part 6 - WalesTown and country planning in WalesTown and country planning in Wales is based on the land use planning system which applies throughout the United Kingdom. However, the system in Wales has some distinctive features which have arisen because substantial responsibility for town and country planning has been devolved to the Welsh...
- Part 7 - Crown Application of Planning Acts
- Chapter 1 - England and Wales
- Chapter 2 - Scotland
- Part 8 - Compulsory PurchaseCompulsory purchase in England and WalesCompulsory purchase is the power to acquire rights over an estate in land, or to buy that estate outright, regardless of the willingness or otherwise of its current owner, in return for recompense. In England and Wales Parliament has granted several different kinds of compulsory purchase power,...
- Part 9 - Miscellaneous and General
Sources
UK Legislation
- Explanatory notes to the Planning and Compulsory Purchase Act 2004.