Section 151 — Housing and Planning Act 2016: Local planning authority to keep register of particular kinds of land
Text of the provision Official document
Local planning authority to keep register of particular kinds of land 151 1 In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development), after section 14 insert— Register Register of land 14A 1 The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which—
a is of a prescribed description, or b satisfies prescribed criteria.
2 The regulations may require the register to be kept in two or more parts. A reference to the register in the following subsections includes a reference to a prescribed part of the register.
3 The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which—
a is of a prescribed description or satisfies prescribed criteria, and b is not required by the regulations to be entered in the register.
4 The regulations may—
a require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register;
b specify descriptions of land that are not to be entered in the register;
c confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it;
d require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so;
e specify information to be included in the register;
f make provision about revising the register.
5 The regulations may specify a description of land by reference to a description in national policies and advice.
6 The regulations may confer power on the Secretary of State to require a local planning authority—
a to prepare or publish the register, or to bring the register up to date, by a specified date;
b to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register. In this subsection “ specified ” means specified by the Secretary of State.
7 In exercising their functions under the regulations, a local planning authority must have regard to—
a the development plan;
b national policies and advice;
c any guidance issued by the Secretary of State for the purposes of the regulations.
8 In this section “ national policies and advice ” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).
2 In section 33 of that Act (power to direct that Part 2 of that Act does not apply to the area of an urban development corporation), for “that this Part does not apply” substitute that the provisions of—
a this Part, or b any particular regulations made under section 14A, do not apply .
Official source: legislation.gov.uk
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