Commentary on Sections Section 27: Erection of public statues (London): removal of consent requirement
139.This section repeals section 5 of the Public Statues (Metropolis) Act 1854 (the “1854 Act”).
140.Section 5 of the 1854 Act requires the consent of the commissioners of works to be obtained before a public statue can be erected in a public place in the Metropolitan Police District of London. The functions of the commissioners of works are now vested in the Secretary of State for Culture, Media and Sport. By virtue of the London Government Act 1963, as amended by the Greater London Authority Act 1999, the Metropolitan Police District of London is now the area of Greater London, excluding the City of London, and the Inner and Middle Temples. The purpose of section 5 of the 1854 Act was to stop the proliferation of statues in public places in London.
141.The 1854 Act was introduced before the introduction of modern day planning laws, which now provide controls over the erection of statues in public places in London. Section 57 of the Town and Country Planning Act 1990 now requires planning permission for the carrying out of any development of land (which includes, by virtue of sections 55 and 336 of that Act, any structure or erection). In practice, the Secretary of State only considers an application for consent under section 5 of the 1854 Act after planning permission has been granted by the local planning authority.
142.The effect of the section would be to repeal section 5 of the 1854 Act, which would remove the requirement for the consent of the Secretary of State in these circumstances.
143.Section 5 is only of practical application to London. The section comes into force at the end of the period of 2 months beginning with the day on which the Act is passed.