Town and Country Planning Act 1990 (c. 8)

Part XV E+W Miscellaneous and General Provisions

Miscellaneous and general provisions E+W

336 Interpretation. E+W

(l) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section and to any transitional provision made by the Planning (Consequential Provisions) Act 1990—

• “the 1944 Act” means the Town and Country Planning Act 1944;

• “the 1947 Act” means the M1 Town and Country Planning Act 1947;

• “the 1954 Act” means the M2 Town and Country Planning Act 1954;

• “the 1959 Act” means the M3 Town and Country Planning Act 1959;

• “the 1962 Act” means the M4 Town and Country Planning Act 1962;

• “the 1968 Act” means the M5 Town and Country Planning Act 1968;

• “the 1971 Act” means the M6 Town and Country Planning Act 1971;

• “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

• [F1 “address”, in relation to electronic communications, means any number or address used for the purposes of such communications;]

• “advertisement” means any word, letter, model, sign, placard, board, notice [F2 awning, blind], device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used [F2 or designed], or adapted for use [F2 and anything else principally used, or designed or adapted principally for use,], for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

• “aftercare condition” has the meaning given in paragraph 2(2) of Schedule 5;

• “aftercare scheme” has the meaning given in paragraph 2(3) of Schedule 5;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

• “the appropriate Minister” has the meaning given in section 265;

• “authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected or a body (being a parish council, community council or parish meeting) on whose behalf a district council or county council [F3 or county borough council] could be or have been so authorised;

• “authority to whom Part II of the 1959 Act applies” means a body of any of the descriptions specified in Part I of Schedule 4 to the 1959 Act;

• [F4 “breach of condition notice” has the meaning given in section 187A;

• [F5 “breach of planning control” has the meaning given in section 171A]]

• “bridleway” has the same meaning as in the M7 Highways Act 1980;

• “the Broads” has the same meaning as in the M8 Norfolk and Suffolk Broads Act 1988;

• “building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

• “buildings or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly [F6 and references to the removal of buildings or works include demolition of buildings and filling in of trenches];

• [F7 “building operations” has the meaning given by section 55]

• “caravan site” has the meaning given in section 1(4) of the M9 Caravan Sites and Control of Development Act 1960;

• “clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation to it as may be prescribed;

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

• “conservation area” means an area designated under section 69 of the Planning M10 (Listed Buildings and Conservation Areas) Act 1990;

• [F8 “depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;]

• “development” has the meaning given in section 55, and “develop” shall be construed accordingly;

• F9 . . .

• “development order” has the meaning given in section 59;

• “development plan” shall be construed in accordance with sections [F10 27, 27A] and 54 (but subject to the transitional provisions in Schedule 2 [F11 and Part III of Schedule 4 to the Planning and Compensation Act 1991]);

• “disposal” means disposal by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and “dispose of” shall be construed accordingly;

• [F12 “electronic communication” has the same meaning as in the Electronic Communications Act 2000;]

• “enactment” includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;

• “enforcement notice” means a notice under section 172;

• “engineering operations” includes the formation or laying out of means of access to highways;

• “enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission in accordance with section 88;

• “erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

• F13 . . .

• “footpath” has the same meaning as in the M11 Highways Act 1980;

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “functions” includes powers and duties;

• “government department” includes any Minister of the Crown;

• “the Greater London Development Plan” means the development plan submitted to the Minister of Housing and Local Government under section 25 of the M12 London Government Act 1963 and approved by the Secretary of State under section 5 of the 1962 Act or the corresponding provision of the 1971 Act;

• “highway” has the same meaning as in the M13 Highways Act 1980 ;

• “improvement”, in relation to a highway, has the same meaning as in the Highways Act 1980;

• “joint planning board” has the meaning given in section 2;

• “land” means any corporeal hereditament, including a building, and, in relation to the acquisition of land under Part IX, includes any interest in or right over land;

• “lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;

• “local authority” (except in section 252 and subject to subsection (10) [F14 below and section 71(7) of the Environment Act 1995]) means—

[F15 (a) a billing authority or a precepting authority (except the Receiver for the Metropolitan Police District), as defined in section 69 of the Local Government Finance Act 1992 [F16 or the Metropolitan Police Authority];

(aa) a combined police authority or a combined fire authority, as defined in section 144 of the M14 Local Government Finance Act 1988;]

(b) a levying body within the meaning of section 74 of that Act; and

(c) a body as regards which section 75 of that Act applies;

and includes any joint board or joint committee if all the constituent authorities are local authorities within paragraph (a), (b) or (c);

• “local highway authority” means a highway authority other than the Secretary of State;

• “local planning authority” shall be construed in accordance with Part I;

• “London borough” includes the City of London, references to the council of a London borough or the clerk to such a council being construed, in relation to the City, as references to the Common Council of the City and the town clerk of the City respectively;

• “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;

• F9 . . .

• “mineral planning authority” has the meaning given in section [F17 1];

• “mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;

• “minerals” includes all [F18 substances] of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;

• “Minister” means any Minister of the Crown or other government department;

• “mortgage” includes any charge or lien on any property for securing money or money’s worth;

• F19 . . .

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

• “operational land” has the meaning given in section 263;

• “owner”, in relation to any land, means F20 . . .a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

• “the planning Acts” means this Act, the M15 Planning (Listed Buildings and Conservation Areas) Act 1990, the M16 Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990;

• [F21 “planning contravention notice” has the meaning given in section 171C]

• “planning decision” means a decision made on an application under Part III;

• “planning permission” means permission under Part III, F22 . . .

• “planning permission granted for a limited period” has the meaning given in section 72(2)

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• F19 . . .

• “ [F23 public gas transporter]” has the same meaning as in Part I of the M17 Gas Act 1986;

• “purchase notice” has the meaning given in section 137;

• F24 . . .

• “replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

• “restoration condition” has the meaning given in paragraph 2(2) of Schedule 5;

• F24 . . .

• “simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with sections 82 and 83;

• [F25 “spatial development strategy” shall be construed in accordance with Part VIII of the Greater London Authority Act 1999 (planning);]

• F24 . . .

• “statutory undertakers” and “statutory undertaking” have the meanings given in section 262;

• “steps for the protection of the environment” has the meaning given in paragraph 5(4) of Schedule 9;

• “stop notice” has the meaning given in section 183;

• “suspension order” has the meaning given in paragraph 5 of Schedule 9; and

• “supplementary suspension order” has the meaning given in paragraph 6 of Schedule 9;

• “tenancy” has the same meaning as in the M18 Landlord and Tenant Act 1954 ;

• “tree preservation order” has the meaning given in section 198;

[F26 “universal postal service provider” means a universal service provider within the meaning of the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act;]

• “urban development area” and “urban development corporation” have the same meanings as in Part XVI of the M19 Local Government, Planning and Land Act 1980;

• “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations on it;

• “Valuation Office” means the Valuation Office of the Inland Revenue Department;

• “war damage” has the meaning given in the M20 War Damage Act 1943.

• [F8 “the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.]

[F27 (1A) In this Act—

(a) any reference to a county (other than one to a county planning authority) shall be construed, in relation to Wales, as including a reference to a county borough;

(b) any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and

(c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.]

(2) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(3) If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

(4) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

[F28 (4A) Where—

(a) an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and

(b) the communication is received by that person outside that person’s business hours,

it shall be taken to have been received on the next working day, and in this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.]

(5) With respect to references in this Act to planning decisions—

(a) in relation to a decision altered on appeal by the reversal or variation of the whole or part of it, such references shall be construed as references to the decision as so altered;

(b) in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;

(c) in relation to a decision given on an appeal in the circumstances mentioned in section 78(2), such references shall be construed as references to the decision so given;

(d) the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 78(2), the end of the period there mentioned.

(6) Section 56 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.

(7) In relation to the sale or acquisition of an interest in land—

(a) in a case where the interest is or was conveyed or assigned without a preliminary contract, references in this Act to a contract are references to the conveyance or assignment; and

(b) references to the making of a contract are references to the execution of it.

(8) In this Act—

(a) references to a person from whom title is derived by another person include references to any predecessor in title of that other person;

(b) references to a person deriving title from another person include references to any successor in title of that other person;

(c) references to deriving title are references to deriving title either directly or indirectly.

(9) References in the planning Acts to any of the provisions [F29 of Parts III, VII and VIII] include, except where the context otherwise requires, references to those provisions as modified under section 316 F30 . . ..

(10) In section 90, Chapter I of Part VI, and [F31 section] 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.

Textual Amendments

F1 Definition in s. 336(1) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (SI 2003/956), {art. 6(2)}

F2 Words in s. 336(1) inserted (6.4.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 24(with s. 84(5)); S.I. 1992/665, art. 2

F3 Words in definition of

“authority possessing compulsory purchase powers”

in s. 336(1) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(13)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F4 Definition in s. 336(1) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(a) (with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1

F5 Definition in s. 336(1) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(a) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F6 Words in s. 336(1) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(b)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F7 Definition in s. 336(1) substituted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(c)(with s. 84(5)); S.I. 1992/1279, art. 2 (with art. 3)

F8 Definitions in s. 336(1) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 12(a)(e)(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F9 Definitions in s. 336(1) repealed (25.9.1991) by Planning and compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(6), Sch. 1 para. 12(b), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2067, art. 3, Sch. 1

F10 Words in defintion of

“development plan”

in s. 336(1) substituted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(13)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F11 Words in s. 336(1) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para. 34 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F12 Definition in s. 336(1) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (SI 2003/956), {art. 6(2)}

F13 Definition in s. 336(1) repealed (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(2)(d), Sch. 19 Pt. I (with s. 84(5)); S.I. 1992/1630, art. 2, Schs. 1, 2

F14 Words in definition of

“local authority”

in s. 336(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(13) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F15 Paras.(a)(aa) in definition of “local authority” in s. 336(1) substituted (2.11.1992) for para. (a) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 91; S.I. 1992/2454, art. 2

F16 Words in para. (a) in the definition of

“local authority”

in s. 336(1) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 66(b); S.I. 1999/3434, art. 2; S.I. 2000/1648, art. 2, Sch. (subject to transitional provisions in Sch.)

F17 Words in definition of

“mineral planning authority”

in s. 336(1) substituted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(13)(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F18 Word in s. 336(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 12(c)(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F19 Definitions repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6), Sch. 6 para. 38, Sch. 19 Pt. II (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F20 Words in s. 336(1) repealed (17.7.1992) by Planning and compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(2)(e), Sch. 19 Pt. I (with s. 84(5)); S.I. 1992/1491, art. 2, Schs. 1, 2

F21 Definition in s. 336(1) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(f)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F22 Words in s. 336(1) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(2)(g), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 2 (subject to art. 5)

F23 Words in s. 336(1) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 18(4); S.I. 1996/218, art. 2

F24 Definitions in s. 336(1) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(6), Sch. 1 para. 12(d), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2067, art. 3, Sch. 1

F25 Definition of

“spatial development strategy”

in s. 336(1) inserted (12.1.2000) by 1999 c. 29, s. 344(10) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

F26 Definition of

“universal postal service provider”

in s. 336(1) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 83

F27 S. 336(1A) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(14) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F28 S. 336(4A) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (SI 2003/956), {art. 6(3)}

F29 Words in s. 336(9) substituted (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(3)(with s. 84(5)); S.I. 1992/1491, art. 2, Sch. 1

F30 Words in s. 336(9) repealed (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(3), Sch. 19 Pt. I(with s. 84(5)); S.I. 1992/1491, art. 2, Schs. 1, 2

F31 Words in s. 336(10) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(4)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

Modifications etc. (not altering text)

C1 S. 336: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2 S. 336(1) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 209(3)(a), 223(2)

S. 336(1) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(a), 225(2)

Marginal Citations

M1 1947 c. 51.

M2 1954 c. 72.

M3 1959 c. 53.

M4 1962 c. 38.

M5 1968 c. 72.

M6 1971 c. 78.

M7 1980 c. 66.

M8 1988 c. 4.

M9 1960 c. 62.

M10 1990 c. 9.

M11 1980 c. 66.

M12 1963 c. 33.

M13 1980 c. 66.

M14 1988 c. 41.

M15 1990 c. 9.

M16 1990 c. 10.

M17 1986 c. 44.

M18 1954 c. 56.

M19 1980 c. 65.

M20 1943 c. 21.