Part XVI, Section 136 · Local Government, Planning and Land Act 1980

Contents

136Objects and general powers.#

(1)The object of an urban development corporation shall be to secure the regeneration of its area.

(1A)In pursuing that object, an urban development corporation that is established for the purposes of regenerating or developing an urban development area in England must aim to contribute to—

(a)the achievement of sustainable development, and

(b)the mitigation of, and adaptation to, climate change.

(1B)For the purposes of subsection (1A) an urban development corporation must (in particular) have regard to the desirability of good design.

(2)The object is to be achieved in particular by the following means (or by such of them as seem to the corporation to be appropriate in the case of its area), namely, by bringing land and buildings into effective use, encouraging the development of existing and new industry and commerce, creating an attractive environment and ensuring that housing and social facilities are available to encourage people to live and work in the area.

(2A)Subject to sections 137 and 138, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in England may—

(a)acquire, hold, manage, reclaim and dispose of land and other property;

(b)carry out building and other operations;

(c)carry on any business or undertaking for the purposes of the object; and

(d)generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(2B)But nothing in this Part authorises an urban development corporation established for the purposes of an urban development area in England to carry on any business or undertaking for—

(a)the supply of water, electricity or gas, or

(b)the provision of sewerage services or heat networks.

(3)Subject to sections 137 and 138 below, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in Wales may—

(a)acquire, hold, manage, reclaim and dispose of land and other property;

(b)carry out building and other operations;

(c)seek to ensure the provision of water, electricity, gas, sewerage and other services;

(d)carry on any business or undertaking for the purposes of the object; and

(e)generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(4)No provision of this Part of this Act by virtue of which any power is exercisable by an urban development corporation shall be construed as limiting the effect of subsection (2A) or (3) above.

(5)Without prejudice to the generality of the powers conferred on urban development corporations by this Act, such a corporation, for the purpose of achieving the object,—

(a)may, with the consent of the Secretary of State, contribute such sums as he with the Treasury’s concurrence may determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance of any statutory functions of the authority or undertakers, including expenditure so incurred in the acquisition of land; and

(b)may, with the like consent, contribute such sums as the Secretary of State with the like concurrence may determine by way of assistance towards the provision of amenities.

(6)To avoid doubt it is declared that subsection (3) above relates only to the capacity of an urban development corporation as a statutory corporation; and nothing in this section authorises such a corporation to disregard any enactment or rule of law.

(7)A transaction between a person and an urban development corporation shall not be invalidated by reason of any failure by the corporation to observe the object in subsection (1) above or the requirement in subsection (2A) or (3) above that the corporation shall exercise the powers conferred by that subsection for the purpose of achieving that object.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 69

Show every defined term

building control functions
means—
building legislation
means— • “the London building legislation” means—
burial ground
includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial.
caravan
has the same meaning as in the Act of 1960;
commencement date
means the date of the passing of this Act;
compulsory purchase order
has the same meaning as in the 1981 Act, and Schedule 3 to that Act shall apply to the compulsory purchase of a right by virtue of subsection (4) above
council
means a county council, district council or London borough council or the Common Council.
Crown interest
means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department,
Crown land
means land belonging to a goverment department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty for the purposes of a government department;
Duchy interest
means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall,
ecclesiastical property
means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop, of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;
enactment
includes any instrument made under any enactment;
English urban development corporation
means an urban development corporation established for the purposes of an urban development area in England;
fish farming
means the breeding or rearing of fish or the cultivation of shall fish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for the transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish— (a) which are purely ornamental, or (b) which are bred, reared or cultivated for exhibition.”
gipsy
has the same meaning as in the Act of 1968.
government department
includes any Minister of the Crown.
heat networks
has the meaning given by section 216 of the Energy Act 2023;
highway
has the same meaning as in the Highways Act 1980;
house
includes any park or garden belonging to a house. 3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. 4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. 5 On receiving a counter-notice the acquiring authority must decide whether to— a withdraw the notice to treat, b accept the counter-notice, or c refer the counter-notice to the Upper Tribunal. 6 The authority must serve notice of their decision on the owner within the period of 3 months beginning wit
infrastructure
means—
land
includes any interest in or right over land.”
let for hire
means let for hire to the public.”
local authority
means— ((a)) in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council, ((b)) in relation to Wales, the council of a county or district, ((c)) in relation to Scotland, a council constituted under section 2 of the Local Government etc.
Ministerial authorisation
means—
monument
includes a tombstone or other memorial.
new rights
means rights which are not in existence when the order specifying them is made.
new town area
means an area designated as the site of a new town by an order under section 1 of the New Towns Act 1981 or section 1 of the New Towns (Scotland) Act 1968;
new town corporation
means a development corporation established under either of those Acts;
planning enactment
means any provision of the 1990 Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 or of the 1997Act, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or the Planning (Hazardous Substances) (Scotland) Act 1997 or of any instrument made under either of them;
prescribed
means prescribed by an order under this section.
private interest
means an interest which is not a Crown interest or a Duchy interest,
private street
has the same meaning as in Part XI of the Highways Act 1980;
provide
includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
rating area
means the area of a rating authority.
relevant instrument
means an agreement made under section 165 above or an order made under section 165A or 165B above.
relevant land
means an area of land which is at the same time situated in both an urban development area and a designated district.
relevant transport authority
means any of the following for an area in England— (a) a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act), (b) a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or (c) a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act).
specified
means specified by regulations under this section.
statutory body
means any body established under this section or any other enactment.
statutory undertakers
means— and “statutory undertaking” shall be construed accordingly.
the 1947 Act
means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
the 1968 Act
means the New Towns (Scotland) Act 1968.
the 1971 Act
means the Town and Country Planning Act 1971 and “the Scottish Act of 1972” means the Town and Country Planning (Scotland) Act 1972.
the 1975 Act
means the Community Land Act 1975.
the 1978 Act
means the Inner Urban Areas Act 1978, and “designated district” and “designated district authority” have the same meanings as in that Act.
the 1981 Act
means the Acquisition of Land Act 1981 • “the 1947 Act” means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
the 1990 Act
means the Town and Country Planning Act 1990 • “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;
the 1997 Act
means the Town and Country Planning (Scotland) Act 1997;
the Acquisition of Land Acts
means the Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and “the Act of 1946” and “the Scottish Act of 1947” mean those Acts respectively;
the Act of 1960
means the Caravan Sites and Control of Development Act 1960;
the Act of 1968
means the Caravan Sites Act 1968;
the Act of 1973
means the Land Compensation Act 1973;
the appointed day
means, in relation to any provision of the 1975 Act, the day appointed for its repeal by an order of the Secretary of State made by statutory instrument.
the appropriate Minister
means—
the appropriate multiplier
means such multiplier as the Secretary of State may by order made by statutory instrument prescribe. 9 A statutory instrument containing an order under subsection (8) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
the Land Compensation Act
means the Act of 1973 in relation to England and Wales and the Scottish Act of 1973 in relation to Scotland.
the London building legislation
means—
the Minister
means the Minister of Transport in relation to England and the Secretary of State in relation toScotland and Wales.
the relevant local authorities
means local authorities the whole or any part of whose area is included in the urban development area.
the relevant Minister
means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food
the Scottish Act of 1972
means the Town and Country Planning (Scotland) Act 1972.
the Scottish Act of 1973
means the Land Compensation (Scotland) Act 1973;
the TUPE regulations
means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
the Valuation Office
means the Valuation Office of the Inland Revenue Department.
transfer scheme
means a scheme under section 134(1G) or 140A(8).
treaty
includes any international agreement, and any protocol or annex to a treaty or international agreement.
universal service provider
has the same meaning as in Part 3 of the Postal Services Act 2011;
urban development area
means so much of an area designated by an order under subsection (1) of section 134 above as is not excluded from it by an order under subsection (3A) of that section;
urban development corporation
means a corporation established by an order under section 135 above.