Functions of certain bodies in relation to areas of outstanding natural beauty

Part of Schedule 10 – in the House of Commons at 10:45 pm on 28th June 1995.

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  1. 88.—(1) The following provisions of this Act, that is to say—
    1. (a) paragraph (e) of subsection (4) of section six,
    2. (b) section nine,
    3. (c) subsection (1) of section sixty—two,
    4. (d) subsection (5) of section sixty—four, and
    5. (e) subsections (5) and (5A) of section sixty—five,
    shall apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.
  2. (2) In paragraph (e) of subsection (4) of section six of this Act as it applies by virtue of the last foregoing subsection, the expression "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under this Act or otherwise.
  3. (3) The provisions of section 4A of this Act shall apply to the provisions mentioned in paragraphs (a) and (b) of subsection (1) of this section for the purposes of their application to areas of outstanding natural beauty as the provisions of the said section 4A apply for the purposes of Part II of this Act.
  4. (4) A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty shall have power, subject to the following provisions of this section, to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much thereof as is included in their area.
  5. (5) Nothing in this Act shall be construed as limiting the generality of the last foregoing subsection; but in so far as the provisions of this Act confer specific powers falling within that subsection those powers shall be exercised in accordance with those provisions and subject to any limitations expressed or implied therein.
  6. (6) Without prejudice to the powers conferred by this Act, subsection (4) of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and shall not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.".'.
No. 70, in page 191, line 41, leave out 'in paragraph (b) of subsection (1)' and insert '—
  1. (a) at the beginning of subsection (1) there shall be inserted the words "Subject to section 67 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),"; and
  2. (b) in paragraph (b) of that subsection,'.
No. 71, in page 191, line 43, at end insert— '() In subsection (3) of that section, for the words "sections 9 and 11" there shall be substituted the words "section 9".'. No. 72, in page 191, leave out from beginning of line 44 to end of line 2 on page 192.
No. 73, in page 201, line 11, leave out '2' and insert '1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words "Subject to section 67 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),".(2) In paragraph 2 of that Schedule,'.—[Mr. Atkins.]