Planning and Compulsory Purchase Act 2004

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✍️ نُشر في: ٤ أغسطس ٢٠٢٦
الموسوعة الحرة

The Planning and Compulsory Purchase Act 2004[a] (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It both amended and repealed significant parts of the existing planning and compulsory purchase legislation in force at the time, including the Town and Country Planning Act 1990, and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.

History

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.[1]

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.

Provisions

Crown immunity

The act removed Crown immunity from the planning system.[2]

Compulsory purchase

The act made certain reforms to compulsory purchase.[3]

Wales

The act made changes to the planning system in Wales:[4]

  • The publication of the Wales spatial plan became a statutory duty of the National Assembly.
  • The procedure for local development plans was streamlined.

Structure

  • Part 1 - Regional Functions
  • Part 2 - Local Development
  • Part 3 - Development
  • Part 4 - Development Control
  • Part 5 - Correction of Errors
  • Part 6 - Wales
  • Part 7 - Crown Application of Planning Acts
    • Chapter 1 - England and Wales
    • Chapter 2 - Scotland
  • Part 8 - Compulsory Purchase
  • Part 9 - Miscellaneous and General

Notes

  1. 12Section 125.
  2. ↑Section 124.
  3. ↑Section 121.

References

  1. ↑House of Lords (10 February 2005). "1st Report of Session 2004–05"(PDF). Parliament of the United Kingdom. p. 4. Archived from the original(PDF) on 5 June 2011. Retrieved 23 March 2010.
  2. ↑"PLANNING AND COMPULSORY PURCHASE BILL TO END CROWN IMMUNITY". Local Government Chronicle. 6 June 2003. Retrieved 10 January 2026.{{cite news}}: CS1 maint: deprecated archival service (link)
  3. ↑"Compensation for Injurious Affection under Section 10 of the Compulsory Purchase Act 1965". The Law of Compulsory Purchase and Compensation. Hart Publishing. doi:10.5040/9781849468411.ch-010. ISBN 978-1-84946-841-1.
  4. ↑"MINISTERS WELCOME ROYAL ASSENT FOR PLANNING AND COMPULSORY PURCHASE BILL". Local Government Chronicle. 14 May 2004. Retrieved 10 January 2025.{{cite news}}: CS1 maint: deprecated archival service (link)

Sources