Housing action trust as planning authority HA 1988 s. 67
HA 1988 s. 67 lets the Secretary of State order a housing action trust as local planning authority for its area and for certain planning functions.
The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and in relation to such kinds of development as may be specified in the order, a housing action trust shall be the local planning authority for the whole or such part as may be so specified of its designated area . . . An order under subsection (1) above may provide— that any enactment relating to local planning authorities shall not apply to the trust; and that any such enactment which applies to the trust shall apply to it subject to such modifications as may be specified in the order. An order made by the Secretary of State may provide— that, subject to any modifications specified in the order, a housing action trust specified in the order shall have, in the whole or any part of its designated area . . . , such of the functions conferred by the provisions mentioned in subsection (3A) below as may be so specified; and that such of the provisions of Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as are mentioned in the order shall have effect, in relation to the housing action trust specified in the order and to land in the trust’s area, subject to the modifications there specified. The provisions referred to in subsection (3)(a) above are sections 96, 100, 104 171C, 171D ,172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to 26AA, 36 and 36A of the Planning (Hazardous Substances) Act 1990. An order under subsection (3) above may provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the housing action trust specified in the order subject to such modifications as may be so specified. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and any such order shall have effect subject to such savings and transitional provisions as may be specified in the order.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows the Secretary of State to make an order that turns a housing action trust into the local planning authority for its designated area. The order can specify which parts of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990 apply to the trust. It can also give the trust extra planning functions from a long list of sections, such as enforcement, listed building consent, and hazardous substances control. The order is made by statutory instrument, which can be cancelled by a resolution of either House of Parliament.
When it applies
- A housing action trust needs to grant planning permission for a new housing development in its area, and the Secretary of State issues an order making it the local planning authority for that purpose.
- A housing action trust wants to enforce against unauthorised building work, and the order gives it enforcement powers under sections 172 to 185 of the 1990 Act.
- A housing action trust needs to decide on a listed building consent application, and the order includes sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
- A housing action trust wishes to make a compulsory purchase order for land, and the order confers that function from the listed provisions.
What this section does not say
- This provision does not automatically make any housing action trust a planning authority; an order from the Secretary of State is required.
- It does not give a housing action trust all planning powers; only those specified in the order apply.
- It does not remove the existing local planning authority's powers unless the order explicitly says so.
- It does not apply to housing action trusts that have not been designated in an order under this section.
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This page reproduces the text of HA 1988 s. 67 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.