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PART 4Housing, regeneration and planning

Conferral of functions corresponding to functions that the HCA has in relation to the Area7.

(1)

The functions of the Homes and Communities Agency (“HCA”) which are specified in the following provisions of the 2008 Act are to be functions of the Combined County Authority that are exercisable in relation to the Area—

(a)

section 5 (powers to provide housing or other land);

(b)

section 6 (powers for regeneration, development or effective use of land);

(c)

section 7 (powers in relation to infrastructure);

(d)

section 8 (powers to deal with land etc);

(e)

section 9 (acquisition of land);

(f)

section 10 (restrictions on disposal of land);

(g)

section 11 (main powers in relation to acquired land)19;

(h)

section 12 (powers in relation to, and for, statutory undertakers);

(i)

paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc), and

(j)

paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.

(2)

The Combined County Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to, the objectives of —

(a)

improving the supply and quality of housing in the Area;

(b)

securing the regeneration or development of land or infrastructure in the Area;

(c)

supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and

(d)

contributing to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the Area.

(3)

The functions described in the provisions specified in paragraph (1) are—

(a)

exercisable concurrently with the HCA; and

(b)

subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act.

(4)

In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

(5)

The exercise of the function in section 9(2) of the 2008 Act referred to in sub-paragraph (e) of paragraph (1) is subject to the condition set out in regulation 9 (condition on the exercise of the functions conferred by regulations 7 and 8).

Acquisition and appropriation of land for planning and public purposes8.

(1)

The functions of the constituent councils and of the district councils specified in the following provisions as applied by regulation 10(2) to (5) are exercisable by the Combined County Authority in relation to the Area—

(a)

section 8 of the 1985 Act (periodical review of housing needs)20;

(b)

section 11 of the 1985 Act (provision of board and laundry facilities)21;

(c)

section 12 of the 1985 Act (provision of shops, recreation grounds, etc)22;

(d)

section 17 of the 1985 Act (acquisition of land for housing purposes)23;

(e)

section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes);

(f)

section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)24;

(g)

section 227 of the 1990 Act (acquisition of land by agreement);

(h)

section 229 of the 1990 Act (appropriation of land forming part of common, etc);

(i)

section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

(j)

section 232 of the 1990 Act (appropriation of land held for planning purposes);

(k)

section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)25;

(l)

section 235 of the 1990 Act (development of land held for planning purposes);

(m)

section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)26;

(n)

section 238 of the 1990 Act (use and development of consecrated land);

(o)

section 239 of the 1990 Act (use and development of burial grounds);

(p)

section 241 of the 1990 Act (use and development of open spaces).

(2)

The functions specified in paragraph (1) are exercisable concurrently with the constituent councils and with the district councils.

(3)

The exercise of the functions referred to in sub-paragraphs (d) and (f) of paragraph (1) are subject to the condition set out in regulation 9.

Condition on the exercise of the functions conferred by regulations 7 and 89.

The exercise of the functions conferred by regulations 7 and 8 in section 17 of the 1985 Act (insofar as this function is exercised for the compulsory purchase of land), section 9(2) of the 2008 Act and section 226 of the 1990 Act by the Combined County Authority requires the consent of—

(a)

the lead member for any constituent council whose area contains any part of the land subject to the proposed compulsory acquisition, or a substitute member acting in place of such a member;

(b)

each district council whose local government area contains any part of the land subject to the proposed compulsory acquisition; and

(c)

the Peak District National Park Authority if the Combined County Authority proposes to exercise the functions in respect of the whole or any part of the area of the Peak District National Park,

to be provided at a meeting of the Combined County Authority.

Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 Act10.

(1)

This regulation has effect in consequence of regulations 7 and 8.

(2)

The provisions set out in section 17 of the 1985 Act (acquisition of land for housing purposes) apply to the Combined County Authority as they apply to a local housing authority within the meaning of section 1 of the 1985 Act.

(3)

For the purposes of F1regulation 8(1)(a) to (e) the Combined County Authority is to be treated as a local housing authority for the Area27.

(4)

Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined County Authority and land which has been vested in or acquired by the Combined County Authority for planning and public purposes as it applies to a local planning authority and land vested in or acquired by a local planning authority for planning and public purposes.

(5)

Chapters 1 and 2 of Part 1 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined County Authority to acquire land for housing and infrastructure as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 2 to these Regulations.

(6)

In this regulation “local planning authority” has the meaning given by section 336(1) of the 1990 Act.