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Part IE+W Planning Authorities

Modifications etc. (not altering text)

C1Pt. I (ss. 1–9) applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 81, Sch. 4

PT. I (ss. 1-9) applied (23.11.1995) by 1961 c. 33, s. 39(1) (as amended (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 4 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1))

1 Local planning authorities: general.E+W

(1)In a non-metropolitan county—

(a)the council of a county is the county planning authority for the county, and

(b)the council of a district is the district planning authority for the district,

and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.

[F1(1A)Subsection (1) does not apply in relation to Wales.

F1(1B)In Wales—

(a)the local planning authority for a county is the county council; and

(b)the local planning authority for a county borough is the county borough council.]

(2)The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. [F2 But, in the case of a London borough, see also sections 2A to 2E (Mayor of London).]

(3)In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) F3. . . all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.

(4)In this Act “mineral planning authority” means—

(a)in respect of a site in a non-metropolitan county, the county planning authority; and

(b)in respect of a site in a metropolitan district or London borough, the local planning authority.

[F4(4A)Subsection (4) does not apply in relation to Wales.

F4(4B)As to any site in Wales, the local planning authority is also the mineral planning authority.]

(5)This section has effect subject to any express provision to the contrary in the planning Acts and, in particular—

(a)[F5this section has] effect subject to [F6sections 4Ato][F78A] of this Act F8. . .; [F9and]

(b)subsections [F10(1) to (2)] have effect subject to sections 2 and 9; and

(c)subsection (3) has effect subject to F11. . . Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them).

[F12(6)The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to F13. . . Schedule 1A.]

Textual Amendments

F1S. 1(1A)(1B) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F4S. 1(4A)(4B) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F5Words in s. 1(5)(a) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(6)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F6Words in s. 1(5)(a) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F7Word in s. 1(5)(a) substituted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 28; S.I. 1993/2762, art. 3

F8Words in s. 1(5)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F9Word in s. 1(5)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(1)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F10Words in s. 1(5)(b) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(6)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F11Words in s. 1(5)(c) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F12S. 1(6) added (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F13Words in s. 1(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

2 Joint planning boards.E+W

(1)If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board F14. . . as the county planning authority or, as the case may be, the district planning authority for that united district.

[F15(1A)Subsection (1) does not apply in relation to Wales.

F15(1B)If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board as the local planning authority for that united district.

F15(1C)A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.]

[F16(1D)The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.]

(2)The Secretary of State shall not make [F17an order under subsection (1) or (1B)] except after holding a local inquiry unless all the councils concerned have consented to the making of the order.

(3)Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority—

(a)in relation to the board, shall be construed as references to that district; and

(b)in relation to any local planning authority being the council of a county [F18or county borough] or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county [F18or county borough] or district as is not so included.

(4)A joint planning board constituted by an order under subsection (1) [F19or (1B)] shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.

(5)A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.

(6)An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—

(a)may, without prejudice to the provisions of section 241 of the M1Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;

(b)may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;

(c)may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and

(d)may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.

[F20[F21(6A)Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.

(6B)The provisions referred to in subsection (6A) above are—

F22(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.]]

(7)This section shall have effect subject to sections 5 to 9 of this Act F23. . ..

Textual Amendments

F15S. 2(1A)-(1C) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(1), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F17Words in s. 2(2) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(b), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F18Words in s. 2(3) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(c), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F19Words in s. 2(4)(d) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(d), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F20S. 2(6A) inserted (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 42 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F21S. 2(6A)(6B) substituted for s. 2(6A) (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 66, 73, Sch. 2 para. 13; S.I. 2005/558, art. 2 (with art. 3)

F23Words in s. 2(7) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

[F242AThe Mayor of London: applications of potential strategic importanceE+W

(1)Where an application to which this section applies is made to a local planning authority—

(a)for planning permission (see section 70), or

(b)for planning permission without complying with conditions subject to which a previous planning permission was granted (see section 73),

the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application.

[F25(1A)Subsection (1) does not apply if the local planning authority is a Mayoral development corporation.]

[F26(1B)Where this section applies to an application for planning permission made to the Secretary of State under section 62A, the Mayor of London may direct—

(a)that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and

(b)that the Mayor of London is to be the local planning authority for the purposes of determining the application.]

(2)The circumstances in which, and the conditions subject to which, the Mayor may give a direction under subsection (1) [F27or (1B)] may be prescribed by, or by directions given under, an order under this section.

(3)This section applies to an application if—

(a)the land to which the application relates is in Greater London (but is not in an area of Greater London prescribed by an order under this section), and

(b)the application is an application of potential strategic importance.

(4)For the purposes of this section “application of potential strategic importance” is to be construed in accordance with an order under this section.

(5)So far as the context requires, in relation to—

(a)the determination of an application by virtue of this section, or

(b)the determination of a connected application by virtue of section 2B,

any reference in an enactment to a local planning authority or a hazardous substances authority includes a reference to the Mayor of London.

This subsection is subject to any provision made by an order under this section by virtue of section 2D(2).

(6)An order under this section—

(a)may make different provision for different cases or different areas, and

(b)may make provision for exceptions or exclusions.

(7)Sections 2B to 2D and 2F contain provisions supplementing this section.

Textual Amendments

F25S. 2A(1A) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 31

F26S. 2A(1B) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 2(1); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F27Words in s. 2A(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 2(2)(a); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

Modifications etc. (not altering text)

2BSection 2A: supplementary provisionsE+W

(1)In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State.

(2)A direction under section 2A must include the Mayor of London's reasons for giving it.

(3)If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State.

(4)Subsection (5) applies where the Mayor of London—

(a)gives a direction under section 2A in the case of any application, and

(b)considers that an application falling within subsection (6) (the “connected application”) is connected with that application.

(5)Where this subsection applies, the Mayor of London is to be—

(a)the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or

(b)the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)).

(6)The applications are—

(a)an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,

(b)an application for conservation area consent under that Act,

(c)an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

(7)In subsection (6)—

(a)the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and

(b)the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.

F28(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

2CMatters reserved for subsequent approvalE+W

(1)If the Mayor of London has—

(a)given a direction under section 2A in relation to an application (“the original application”), and

(b)granted outline planning permission,

he may, on an application for subsequent approval of reserved matters, direct that the application is to be decided by the local planning authority to whom the original application was made [F29or to whom the original application would have been made had it not been made to the Secretary of State under section 62A].

(2)“Outline planning permission” has the meaning given by section 92(1).

(3)If the Mayor of London has—

(a)granted an application for listed building consent which is a connected application for the purposes of section 2B, and

(b)imposed conditions requiring specified details to be approved subsequently,

he may, on an application for subsequent approval, direct that the application is to be decided by the local planning authority to whom the connected application was made.

Textual Amendments

F29Words in s. 2C(1) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 2(2)(b); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

2DFurther provision about orders under section 2AE+W

(1)An order under section 2A may make provision—

(a)in relation to applications to which section 2A applies,

(b)in relation to applications which are connected applications by virtue of section 2B,

(c)in relation to the procedures to be followed for or in connection with applications mentioned in paragraph (a) or (b),

(d)otherwise for the purpose of implementing or supplementing section 2A, 2B or 2C.

(2)The provision which may be made by virtue of subsection (1) includes the application of any enactment (with or without modification) in relation to cases where, by virtue of section 2A or 2B or an order under section 2A, the Mayor of London exercises a function that would otherwise have been exercisable by another body or person.

(3)Such provision may include, in particular, provision for the Mayor of London to exercise functions in relation to enforcement (instead of, or as well as, a local planning authority).]

Textual Amendments

[F302ESection 2A and planning obligations under section 106E+W

(1)This section applies where the Mayor of London has given a direction under section 2A in relation to a planning application.

(2)Where this section applies, the function of agreeing a planning obligation related to the application is a function of the Mayor of London instead of a function of the local planning authority.

(3)In this section “planning obligation” means a planning obligation under section 106.

(4)The Mayor of London must consult the local planning authority before agreeing any planning obligation by virtue of this section.

(5)Any planning obligation entered into in relation to the application—

(a)is enforceable by the Mayor of London, and

(b)is also enforceable by the local planning authority.]

Textual Amendments

[F312FRepresentation hearingsE+W

(1)This section applies to—

(a)an application in relation to which a direction has been given under section 2A, and

(b)an application which is a connected application for the purposes of section 2B.

(2)Before determining an application to which this section applies, the Mayor of London must give—

(a)the applicant, and

(b)the local planning authority to whom the application was made,

an opportunity to make oral representations at a hearing (“a representation hearing”).

(3)The Mayor of London must prepare and publish a document setting out—

(a)the persons, in addition to the applicant and the local planning authority, who may make oral representations at a representation hearing,

(b)the procedures to be followed at a representation hearing,

(c)arrangements for identifying information which must be agreed by persons making oral representations at a representation hearing.

(4)Each person who may make oral representations at a representation hearing must be given at least 14 days' notice of the hearing.

(5)The Secretary of State must by order make provision for Part 5A of the Local Government Act 1972 (public admission to meetings of principal councils, public access to documents, etc) to apply to—

(a)a representation hearing as it applies to a meeting of a principal council, and

(b)the Mayor of London in the conduct of a representation hearing as it applies to a principal council in the conduct of a meeting of that council.

(6)The application of Part 5A may be with such modifications as the Secretary of State considers necessary or expedient.]

Textual Amendments

3 Joint planning committee for Greater London.E+W

(1)The joint planning committee for Greater London established under section 5 of the M2Local Government Act 1985 shall continue to discharge the functions mentioned in subsection (2).

(2)The joint planning committee shall—

(a)consider and advise the local planning authorities in Greater London on matters of common interest relating to the planning and development of Greater London;

(b)inform the Secretary of State of the views of those authorities concerning such matters including any such matters as to which he has requested their advice;

(c)inform the local planning authorities for areas in the vicinity of Greater London, or any body on which those authorities and the local planning authorities in Greater London are represented, of the views of the local planning authorities in Greater London concerning any matters of common interest relating to the planning and development of Greater London and those areas;

and the committee may, if it thinks fit, contribute towards the expenses of any such body as is mentioned in paragraph (c).

(3)The expenses of the joint planning committee which have been incurred with the approval of at least two-thirds of the local planning authorities in Greater London shall be defrayed by those authorities in such proportions as they may decide or, in default of a decision by them, as the Secretary of State may determine.

(4)References in this section to the local planning authorities in Greater London are to the authorities which are local planning authorities for the purposes of Part II.

Marginal Citations

F324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F32S. 4 repealed (1.4.1997) by 1995 c. 21, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[F334A National Parks with National Park authorities.E+W

(1)Where a National Park authority has been established for any area, this section, F34. . ., shall apply, as from such time as may be specified for the purposes of this section in the order establishing that authority, in relation to the Park for which it is the authority.

(2)Subject to subsections (4) and (5) below, the National Park authority for the Park shall be the sole local planning authority for the area of the Park and, accordingly—

(a)functions conferred by or under the planning Acts on a planning authority of any description (including the functions of a mineral planning authority under those Acts and under the M3Planning and Compensation Act 1991) shall, in relation to the Park, be functions of the National Park authority, and not of any other authority; and

(b)so much of the area of any other authority as is included in the Park shall be treated as excluded from any area for which that other authority is a planning authority of any description.

(3)For the purposes of subsection (2) above functions under the planning Acts which (apart from this section) are conferred—

(a)in relation to some areas on the county or district planning authorities for those areas, and

(b)in relation to other areas on the councils for those areas,

shall be treated, in relation to those other areas, as conferred on each of those councils as the local planning authority for their area.

(4)The functions of a local planning authority by virtue of sections 198 to 201, 206 to 209 and 211 to 215, so far as they are functions of a National Park authority by virtue of this section, shall be exercisable as respects any area which is or is included in an area for which there is a district council, concurrently with the National Park authority, by that council.

(5)For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (4) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.]

Textual Amendments

F33S. 4A inserted (19.9.1995) by 1995 c. 25, ss. 67(1), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F34Words in s. 4A repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

5 The Broads.E+W

(1)For the purposes of Chapter I of Part VIII and sections 249, 250, [F35and 300] and any other provision of this Act so far as it has effect for the purposes of those provisions, “local planning authority”, in relation to land in the Broads, includes the Broads Authority.

(2)For the purposes of the provisions mentioned in subsection (3) the Broads Authority shall be the sole district planning authority for the Broads.

(3)The provisions referred to in subsection (2) are [F36Part II, sections] [F3761E to 61Q,] 62, [F3865, 69 to 72], 76 to [F3979], 91 to 95, [F4096A] to 99, 102, 103, 106 to [F41106BC], 171C, 172, 173, [F42173A] 178, 183, 184, [F43187A, 187B] 188, 191 to 197, 211 to [F44214, 215], 219 to 221, 224, 294, 295, 297, 299, [F45299A] 301, [F46316 and 324(1) and (7)] [F47and Schedules 4B and 4C].

Textual Amendments

F35Word in s. 5(1) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(1); S.I. 1991/2905, art. 3, Sch. 1 (subject to savings in art. 5)

F37Words in s. 5(3) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 3(a); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F39Word in s. 5(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(2)(c); S.I. 1991/2067, art. 3 (subject to savings in art. 4)

F40Words in s. 5(3) substituted (1.10.2009) by Planning Act 2008 (c. 29), ss. 190(3), 241 (with s. 226); S.I. 2009/2260, art. 3

F41Word in s. 5(3) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 2

F43Words in s. 5(3) inserted (2.1.1992 so far as relating to the reference to s. 187B otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(2)(f); S.I. 1991/2905, art. 3, Sch. 1 (with savings in art. 5) S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F46Words in 5(3) substituted (2.1.1992 for certain purposes otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(2)(i); S.I. 1991/2905, art. 3, Sch. 1 (with savings in art. 5); S.I. 1992/1491, art. 2

F47Words in s. 5(3) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 3(b); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

6 Enterprise zones.E+W

(1)An order under paragraph 5 of Schedule 32 to the M4Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.

(2)Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.

(3)Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the local planning authority for the zone in place of any authority who would otherwise be the local planning authority for the zone.

(4)The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).

(5)Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

Marginal Citations

7 Urban development areas.E+W

(1)Where an order is made under subsection (1) of section 149 of the M5Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)Where an order under subsection (3)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

Modifications etc. (not altering text)

Marginal Citations

[F487AMayoral development areasE+W

(1)Subsection (2) applies where an order under section 198(2) of the Localism Act 2011 gives effect to any decision under section 202(2) or (6) of that Act as a result of which a Mayoral development corporation is for any area to be the local planning authority for the purposes of Part 3 of this Act.

(2)The Mayoral development corporation is the local planning authority for that area for those purposes in place of any authority who would otherwise be the local planning authority for that area for those purposes.

(3)Subsection (4) applies where an order under section 198(2) of that Act gives effect to any decision under section 202(3) or (6) of that Act as a result of which a Mayoral development corporation is for any area to have the functions referred to in section 202(3) of that Act.

(4)The Mayoral development corporation has those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

(5)If an order under section 198(2) of that Act is amended to give effect to a decision under section 204(2) of that Act that limits the effect of a decision under section 202 of that Act, subsection (2) or (4), or each of them, applies accordingly.]

Textual Amendments

8 Housing action areas.E+W

(1)Where an order is made under subsection (1) of section 67 of the M6Housing Act 1988 (housing action trust as planning authority), the housing action trust specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)Where an order under subsection (3)(a) of that section confers any functions on a housing action trust in relation to any area the trust shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

Marginal Citations

[F498A The [F50Homes and Communities] Agency.E+W

(1)Where a designation order under [F51section 13 of the Housing and Regeneration Act 2008] power to make designation orders) makes such provision as is mentioned in [F52section 14(2)] of that Act (Agency as local planning authority), the [F53Homes and Communities] Agency shall be the local planning authority for such area as may be specified in the order in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F49S. 8A inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 29; S.I. 1993/2762, art. 3

9 Power to make consequential and supplementary provision about authorities.E+W

[F55(1)]Regulations under this Act may make such provision consequential upon or supplementary to the provisions of sections 1 and 2 as appears to the Secretary of State to be necessary or expedient.

[F56(2)The provision consequential upon or supplementary to section 2 that may be made by the Welsh Ministers under this section includes provision amending or otherwise modifying—

(a)any enactment contained in, or made under, the planning Acts or the Planning and Compulsory Purchase Act 2004;

(b)any other enactment relating to functions exercisable by or in relation to local planning authorities;

(c)any other enactment relating to functions exercisable by local authorities of any description in connection with the development of land.]

Textual Amendments

F55 s. 9 renumbered as s. 9(1) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 42(2), 58(2)(b)(4)(b)

F56S. 9(2) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 42(3), 58(2)(b)(4)(b)

F57F57Part IIE+W

Textual Amendments

F57Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)

Chapter IE+W Unitary Development Plans: Metropolitan Areas including London

Modifications etc. (not altering text)

C6Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)

PreliminaryE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surveys etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation and adoption of unitary development plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Secretary of State’s powers concerning plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration of plansE+W

21 Alteration or replacement of unitary development plan.E+W

Textual Amendments

F89S. 21(1)-(1B) substituted for s. 21(1) (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 Pt. I para. 12(1)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F90Words in s. 21(2) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 12(2)(with s. 84(1)); S.I. 1991/2728, art. 2 and repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84, Sch. 4 Pt. I para. 12(2), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

Marginal Citations

F9122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F92 Greater London: conformity with spatial development strategy]E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryE+W

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 Meaning of “development plan” in Greater London and metropolitan counties.E+W

For the purposes of this Act and any other enactment relating to town and country planning, the M17Land Compensation Act 1961 and the M18Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a)the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority’s resolution of adoption or the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b)any alteration to that plan, together with a copy of the authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

Modifications etc. (not altering text)

C11S. 27 modified (1.5.1994) by S.I. 1994/1210, art. 7(1)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1863, art. 4(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1867, art. 13(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1875, art. 5(5)(a)

C12S. 27: functions of local authority not to be sole responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C13S. 27 restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 para. 4(3) (with arts. 12, 13, Sch. 12)

Marginal Citations

[F10727A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10828A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IIE+W Structure and Local Plans: Non-Metropolitan Areas

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F165Chapter IIIE+W General]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W Control over development

Modifications etc. (not altering text)

C25Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C28Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Meaning of developmentE+W

55 Meaning of “development” and “new development”.E+W

(1)Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

F167[(1A) For the purposes of this Act “ building operations ” includes—

(a)demolition of buildings;

(b)rebuilding;

(c)structural alterations of or additions to buildings; and

(d)other operations normally undertaken by a person carrying on business as a builder.]

(2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a)the carrying out for the maintenance, improvement or other alteration of any building of works which—

(i)affect only the interior of the building, or

(ii)do not materially affect the external appearance of the building,

and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;

(b)the carrying out on land within the boundaries of a road by a F168. . . highway authority of any works required for the maintenance or improvement of the road [F169but, in the case of any such works which are not exclusively for the maintenance of the road, not including any works which may have significant adverse effects on the environment];

(c)the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;

(d)the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(e)the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;

(f)in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class.

F170[(g)the demolition of any description of building specified in a direction given by the Secretary of State to local planning authorities generally or to a particular local planning authority.]

[F171(2A) The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.

(2B)The development order may make different provision for different purposes.]

(3)For the avoidance of doubt it is hereby declared that for the purposes of this section—

(a)the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;

(b)the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—

(i)the superficial area of the deposit is extended, or

(ii)the height of the deposit is extended and exceeds the level of the land adjoining the site.

(4)For the purposes of this Act mining operations include—

(a)the removal of material of any description—

(i)from a mineral-working deposit;

(ii)from a deposit of pulverised fuel ash or other furnace ash or clinker; or

(iii)from a deposit of iron, steel or other metallic slags; and

(b)the extraction of minerals from a disused railway embankment.

F172[(4A)Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

(5)Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

F173(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1S. 55(2)(f); s. 55(2)(f) (with s. 333(7)) power exercised (5.7.1991) by S.I. 1991/1567

Textual Amendments

F168Word in s. 55(2)(b) repealed (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 1, Sch. 9{with s. 111}; S.I. 2006/1281, art. 2

F169Words in s. 55(2)(b) inserted (14.3.1999) by S.I. 1999/293, reg. 35(1)7

F170S. 55(2)(g) inserted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 13(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1279, art. 2 (with art. 3)

F171S. 55(2A)(2B) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 49(1), 121(1)-(3) (with ss. 49(4), 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(b); S.I. 2015/340, art. 2(a)

Modifications etc. (not altering text)

C34S. 55(2) excluded by S.I. 2012/801, art. 2A (as inserted (W.) (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 4 (with art. 12))

56 Time when development begun.E+W

(1)Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—

(a)if the development consists of the carrying out of operations, at the time when those operations are begun;

(b)if the development consists of a change in use, at the time when the new use is instituted;

(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).

(2)For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.

(3)The provisions referred to in subsection (2) are sections [F17461L(5) and (7),] 85(2), 86(6), 87(4), [F17589] 91, 92 [F176, 94 and 108(3E)(c)(i)].

(4)In subsection (2) “material operation” means—

(a)any work of construction in the course of the erection of a building;

F177[(aa)any work of demolition of a building;]

(b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);

(d)any operation in the course of laying out or constructing a road or part of a road;

(e)any change in the use of any land which constitutes material development.

(5)In subsection (4)(e) “material development” means any development other than—

(a)development for which planning permission is granted by a general development order [F178, a local development order or a Mayoral development order] for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;

[F179(b)development of a class specified in paragraph 1 or 2 of Schedule 3;] and

(c)development of any class prescribed for the purposes of this subsection.

(6)In subsection (5) “general development order” means a development order (within the meaning of section 59) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in England and Wales.

Textual Amendments

F174Words in s. 56(3) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 2(a); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F176Words in s. 56(3) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 2(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F178Words in s. 56(5)(a) substituted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 3

Modifications etc. (not altering text)

C36S. 56 applied (with modifications) (3.11.1995) by S.I. 1995/2863, reg. 3, Sch.

Requirement for planning permissionE+W

57 Planning permission required for development.E+W

(1)Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.

[F180(1A)Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required).]

(2)Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.

(3)Where by a development order [F181, a local development order or a neighbourhood development order] planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.

(4)Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.

(5)In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.

(6)For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part III of the 1947 Act, Part III of the 1962 Act or Part III of the 1971 Act.

(7)Subsection (1) has effect subject to Schedule 4 (which makes special provision about use of land on 1st July 1948).

Textual Amendments

F180S. 57(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 35 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F181Words in s. 57(3) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 3; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

Modifications etc. (not altering text)

C37S. 57(2) applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 10(2) (with arts. 48, 68, 79)

C38S. 57(2) applied (with modifications) (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 8 (with art. 32)

58 Granting of planning permission: general.E+W

(1)Planning permission may be granted—

(a)by a development order [F182, a local development order or a neighbourhood development order];

(b)by the local planning authority (or, in the cases provided in this Part, by the Secretary of State [F183or the Welsh Ministers]) on application to the authority [F184(or, in the cases provided in this Part, on application to the Secretary of State [F185or the Welsh Ministers])] in accordance with a development order;

(c)on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 82 or, as the case may be, section 86; or

(d)on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the M33Local Government, Planning and Land Act 1980 in accordance with section 88 of this Act.

(2)Planning permission may also be deemed to be granted under section 90 (development with government authorisation).

(3)This section is without prejudice to any other provisions of this Act providing for the granting of permission.

Textual Amendments

F182Words in s. 58(1)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 4; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F183Words in s. 58(1)(b) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 2(a)

F184Words in s. 58(1)(b) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 3; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F185Words in s. 58(1)(b) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 2(b)

Modifications etc. (not altering text)

C39S. 58(1)(b) excluded (17.12.1996) by 1996 c. ix, s. 10(d)

Marginal Citations

Development ordersE+W

59 Development orders: general.E+W

(1)The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.

(2)A development order may either—

(a)itself grant planning permission for development specified in the order or for development of any class specified; or

(b)in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases provided in the following provisions, by the Secretary of State [F186or the Welsh Ministers]) on application to the authority [F187(or, in the cases provided in the following provisions, on application to the Secretary of State [F188or the Welsh Ministers])] in accordance with the provisions of the order.

(3)A development order may be made either—

(a)as a general order applicable, except so far as the order otherwise provides, to all land, or

(b)as a special order applicable only to such land or descriptions of land as may be specified in the order.

[F189(4)In this Act, references to a development order are—

(a)in relation to England, references to a development order made by the Secretary of State;

(b)in relation to Wales, references to a development order made by the Welsh Ministers.]

Subordinate Legislation Made

P2S. 59: power previously exercised by S.I. 1990/2032

P3S. 59: s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Textual Amendments

F186Words in s. 59(2)(b) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 3(a)

F187Words in s. 59(2)(b) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 4; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F188Words in s. 59(2)(b) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 3(b)

60 Permission granted by development order.E+W

(1)Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

(2)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the local planning authority to be obtained with respect to the design or external appearance of the buildings.

[F190(2A)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development consisting of a change in the use of land in England, the order may require the approval of the local planning authority, or of the Secretary of State, to be obtained—

(a)for the use of the land for the new use;

(b)with respect to matters that relate to the new use and are specified in the order.

(2B)Without prejudice to the generality of subsection (1), a development order may include provision for ensuring—

(a)that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house—

(i)a written description, and a plan, of the proposed development are given to the local planning authority,

(ii)notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and

(iii)that period has ended, and

(b)that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises.

(2C)In subsection (2B) “adjoining premises” includes any land adjoining—

(a)the dwelling house concerned, or

(b)the boundary of its curtilage.]

(3)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the local planning authority to direct that the permission shall not apply either—

(a)in relation to development in a particular area, or

(b)in relation to any particular development.

(4)Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

Subordinate Legislation Made

P4S. 60 power previously exercised by S.I. 1990/2032

P5S. 60(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Textual Amendments

F190S. 60(2A)-(2C) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(1), 35(2)

61 Development orders: supplementary provisions.E+W

(1)A general development order may make different provision with respect to different descriptions of land.

(2)For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any pre 1947 Act enactment, or any regulations, orders or byelaws made at any time under any such enactment—

(a)shall not apply to any development specified in the order, or

(b)shall apply to it subject to such modifications as may be so specified.

(3)In subsection (2) “pre 1947 Act enactment” means—

(a)any enactment passed before 6th August 1947 (the date of the passing of the 1947 Act), and

(b)any enactment contained in the M34Highways Act 1980 which—

(i)is an enactment derived from the M35Highways Act 1959, and

(ii)re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a).

Subordinate Legislation Made

P6S. 61(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Marginal Citations

[F191Local development ordersE+W

Textual Amendments

F191Ss. 61A-61C and preceding cross-heading inserted (6.8.2004 for certain purposes, 10.5.2006 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 40(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/ 1061, {art. 2}

61ALocal development ordersE+W

(1)[F192A local planning authority may by order (a local development order) make provision to implement policies—

(a)in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);

(b)in a local development plan (within the meaning of Part 6 of that Act).]

(2)[F193A local planning authority may by order (a local development order)] grant planning permission—

(a)for development specified in the order;

(b)for development of any class so specified.

(3)A local development order may relate to—

(a)all land in the area of the relevant authority;

(b)any part of that land;

(c)a site specified in the order.

(4)A local development order may make different provision for different descriptions of land.

(5)But a development order may specify any area or class of development in respect of which a local development order must not be made.

(6)A local planning authority may revoke a local development order at any time.

(7)Schedule 4A makes provision in connection with local development orders.

Textual Amendments

F192S. 61A(1) repealed (23.6.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 188(2), 238, 241, Sch. 13 (with s. 226); S.I. 2009/1303, art. 2, Sch.

F193Words in s. 61A(2) substituted (23.6.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 188(3), 241 (with s. 226); S.I. 2009/1303, art. 2

61BIntervention by Secretary of State or National AssemblyE+W

(1)At any time before a local development order is adopted by a local planning authority [F194in Wales,] the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.

(2)If the appropriate authority gives a direction under subsection (1)—

(a)the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;

(b)the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.

(3)In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.

(4)It is immaterial whether any such matter was taken account of by the local planning authority.

(5)The appropriate authority—

(a)may approve or reject an order or part of an order submitted to it under subsection (1);

(b)must give reasons for its decision under paragraph (a).

(6)If the appropriate authority thinks that a local development order [F195being prepared by a local planning authority in Wales] is unsatisfactory—

(a)it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;

(b)if it gives such a direction it must state its reasons for doing so.

(7)The local planning authority—

(a)must comply with the direction;

(b)must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.

[F196(7A)Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.]

(8)The appropriate authority—

(a)may at any time by order revoke a local development order if it thinks it is expedient to do so;

(b)must, if it revokes a local development order, state its reasons for doing so.

(9)Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.

(10)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales.

Textual Amendments

F194Words in s. 61B(1) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(3)(a), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

F195Words in s. 61B(6) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(3)(b), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

Modifications etc. (not altering text)

C40Ss. 61B(1)-(7) excluded (E.) (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(2), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

61CPermission granted by local development orderE+W

(1)Planning permission granted by a local development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)If the permission is granted for development of a specified description the order may enable the local planning authority to direct that the permission does not apply in relation to—

(a)development in a particular area, or

(b)any particular development.]

[F19761DEffect of revision or revocation of development order on incomplete developmentE+W

(1)A development order or local development order may include provision permitting the completion of development if —

(a)planning permission is granted by the order in respect of the development, and

(b)the planning permission is withdrawn at a time after the development is started but before it is completed.

(2)Planning permission granted by a development order is withdrawn—

(a)if the order is revoked;

(b)if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c)by the issue of a direction under powers conferred by the order.

(3)Planning permission granted by a local development order is withdrawn—

(a)if the order is revoked under section 61A(6) or 61B(8);

(b)if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c)by the issue of a direction under powers conferred by the order.

(4)The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.]

Textual Amendments

F197S. 61D inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 41 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

[F198Mayoral development ordersE+W

Textual Amendments

F198Ss. 61DA-61DE inserted (12.2.2015 for specified purposes) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 1

61DAMayoral development ordersE+W

(1)The Mayor of London may by order (a Mayoral development order) grant planning permission for development specified in the order on one or more sites specified in the order.

(2)The site or sites must fall within—

(a)the area of a local planning authority in Greater London, or

(b)the areas of two or more local planning authorities in Greater London.

(3)The Secretary of State may by development order specify an area or class of development in respect of which a Mayoral development order must not be made.

61DBPermission granted by Mayoral development orderE+W

(1)Planning permission granted by a Mayoral development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)A condition imposed by a Mayoral development order may provide for the consent, agreement or approval to a matter specified in the condition to be given by one or more persons specified in the condition.

(3)A person specified in a condition must be the Mayor of London or a relevant local planning authority.

(4)The Secretary of State may by development order provide that, if the consent, agreement or approval of a person required by a condition imposed by a Mayoral development order is not given within a specified period, that consent, agreement or approval may be sought from a specified person.

(5)In subsection (4) “specified” means specified, or of a description specified, in the development order.

(6)The Secretary of State may by development order make provision for a person to apply for planning permission for the development of land without complying with a condition imposed on the grant of planning permission by a Mayoral development order.

(7)A development order under subsection (6) may, in particular make provision similar to that made by section 73, subject to such modifications as the Secretary of State thinks appropriate.

(8)So far as the context requires, in relation to—

(a)an application for the consent, agreement or approval of the Mayor of London to a matter specified in a condition imposed by a Mayoral development order, or

(b)the determination of such an application,

any reference in an enactment to a local planning authority (however expressed) includes a reference to the Mayor.

(9)For the purposes of this Act a local planning authority is a relevant local planning authority in relation to a Mayoral development order or proposed Mayoral development order if a site or part of a site to which the order or proposed order relates is within the authority's area.

61DCPreparation and making of Mayoral development orderE+W

(1)The Secretary of State may by development order make provision about the procedure for the preparation and making of a Mayoral development order.

(2)A development order under subsection (1) may in particular make provision about—

(a)notice, publicity and inspection by the public;

(b)consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c)the making and consideration of representations.

(3)A Mayoral development order may be made only in response to an application to the Mayor of London by each relevant local planning authority.

(4)A proposed Mayoral development order may be consulted on only with the consent of each relevant local planning authority.

(5)A Mayoral development order may not be made unless the order has been approved, in the form in which it is made, by each relevant local planning authority.

(6)If the Mayor of London makes a Mayoral development order, the Mayor must send a copy to the Secretary of State as soon as is reasonably practicable after the order is made.

61DDRevision or revocation of Mayoral development orderE+W

(1)The Mayor of London may at any time revise or revoke a Mayoral development order with the approval of each relevant local planning authority.

(2)The Mayor of London must revise a Mayoral development order if the Secretary of State directs the Mayor to do so (and the requirement for the approval of each relevant local planning authority does not apply in those circumstances).

(3)The Secretary of State may at any time revoke a Mayoral development order if the Secretary of State thinks it is expedient to do so.

(4)The power under subsection (3) is to be exercised by order made by the Secretary of State.

(5)If the Secretary of State revokes a Mayoral development order the Secretary of State must state the reasons for doing so.

(6)The Secretary of State may by development order make provision about—

(a)the steps to be taken by the Secretary of State before giving a direction or making an order under this section;

(b)the procedure for the revision or revocation of a Mayoral development order.

(7)A development order under subsection (6) may in particular make provision about—

(a)notice, publicity and inspection by the public;

(b)consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c)the making and consideration of representations.

61DEEffect of revision or revocation on incomplete developmentE+W

(1)This section applies if planning permission for development granted by a Mayoral development order is withdrawn at a time when the development has been started but not completed.

(2)For this purpose planning permission for development granted by a Mayoral development order is withdrawn—

(a)if the order is revoked under section 61DD, or

(b)if the order is revised under that section so that it ceases to grant planning permission for the development or materially changes any condition or limitation to which the grant of permission is subject.

(3)The development may, despite the withdrawal of the permission, be completed, subject as follows.

(4)If the permission is withdrawn because the Mayoral development order is revoked by the Mayor of London, the Mayor may make a determination that subsection (3) is not to apply in relation to development specified in the determination.

(5)A determination under subsection (4) must be published in such manner as the Mayor of London thinks appropriate.

(6)If the permission is withdrawn because the Mayoral development order is revoked by an order made by the Secretary of State under section 61DD, the order under that section may provide that subsection (3) is not to apply in relation to development specified in that order.

(7)If the permission is withdrawn because the order is revised as mentioned in subsection (2)(b), the revised order may provide that subsection (3) is not to apply in relation to development specified in the order.

(8)The power under this section to include provision in an order under section 61DD or a Mayoral development order may be exercised differently for different purposes.]

[F199Neighbourhood development ordersE+W

Textual Amendments

F199Ss. 61E-61Q and cross-heading inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 2; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

61ENeighbourhood development ordersE+W

(1)Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development order.

(2)A “neighbourhood development order” is an order which grants planning permission in relation to a particular neighbourhood area specified in the order—

(a)for development specified in the order, or

(b)for development of any class specified in the order.

(3)Schedule 4B makes provision about the process for the making of neighbourhood development orders, including—

(a)provision for independent examination of orders proposed by qualifying bodies, and

(b)provision for the holding of referendums on orders proposed by those bodies.

(4)A local planning authority to whom a proposal for the making of a neighbourhood development order has been made—

(a)must make a neighbourhood development order to which the proposal relates if in each applicable referendum under that Schedule more than half of those voting have voted in favour of the order, and

(b)if paragraph (a) applies, must make the order as soon as reasonably practicable after the referendum is held.

(5)If—

(a)there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61H), and

(b)in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,

the authority may (but need not) make a neighbourhood development order to which the proposal relates.

(6)A “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F.

(7)For the meaning of “neighbourhood area”, see sections 61G and 61I(1).

(8)The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the order would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).

(9)Regulations may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (8).

(10)The regulations may in particular make provision—

(a)for the holding of an examination,

(b)as to the payment by a local planning authority of remuneration and expenses of the examiner,

(c)as to the award of costs by the examiner,

(d)as to the giving of notice and publicity,

(e)as to the information and documents that are to be made available to the public,

(f)as to the making of reasonable charges for anything provided as a result of the regulations,

(g)as to consultation with and participation by the public, and

(h)as to the making and consideration of representations (including the time by which representations must be made).

(11)The authority must publish in such manner as may be prescribed—

(a)their decision to act under subsection (4) or (8),

(b)their reasons for making that decision, and

(c)such other matters relating to that decision as may be prescribed.

(12)The authority must send a copy of the matters required to be published to—

(a)the qualifying body that initiated the process for the making of the order, and

(b)such other persons as may be prescribed.

(13)A local planning authority must publish each neighbourhood development order that they make in such manner as may be prescribed.

61FAuthorisation to act in relation to neighbourhood areasE+W

(1)For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council.

(2)If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent.

(3)For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area.

(4)An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council.

(5)A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions—

(a)it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),

(b)its membership is open to—

(i)individuals who live in the neighbourhood area concerned,

(ii)individuals who work there (whether for businesses carried on there or otherwise), and

(iii)individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,

(c)its membership includes a minimum of 21 individuals each of whom—

(i)lives in the neighbourhood area concerned,

(ii)works there (whether for a business carried on there or otherwise), or

(iii)is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,

(d)it has a written constitution, and

(e)such other conditions as may be prescribed.

(6)A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribed conditions.

(7)A local planning authority—

(a)must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body—

(i)which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b),

(ii)whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and

(iii)whose purpose reflects (in general terms) the character of that area,

(b)may designate only one organisation or body as a neighbourhood forum for each neighbourhood area,

(c)may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and

(d)must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application.

(8)A designation—

(a)ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and

(b)in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association.

(9)A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—

(a)the conditions by reference to which it was designated, or

(b)any other criteria to which the authority were required to have regard in making the designation;

and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body.

(10)A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding.

(11)Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas.

(12)Regulations—

(a)may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and

(b)may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)).

(13)The regulations may in particular make provision—

(a)as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order,

(b)as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it,

(c)suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,

(d)for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and

(e)requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum.

Modifications etc. (not altering text)

C41S. 61F applied by 2004 c. 5, s. 38C(2)(a) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61GMeaning of “neighbourhood area”E+W

(1)A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where—

(a)a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and

(b)the authority are determining the application (but see subsection (5)).

(2)A “relevant body” means—

(a)a parish council, or

(b)an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area).

(3)The specified area—

(a)in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and

(b)in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council.

(4)In determining an application the authority must have regard to—

(a)the desirability of designating the whole of the area of a parish council as a neighbourhood area, and

(b)the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas.

(5)If—

(a)a valid application is made to the authority,

(b)some or all of the specified area has not been designated as a neighbourhood area, and

(c)the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area,

the authority must exercise their power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as neighbourhood areas.

(6)The authority may, in determining any application, modify designations already made; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council's consent.

(7)The areas designated as neighbourhood areas must not overlap with each other.

(8)A local planning authority must publish a map setting out the areas that are for the time being designated as neighbourhood areas.

(9)If the authority refuse an application, they must give reasons to the applicant for refusing the application.

(10)In this section “specified”, in relation to an application, means specified in the application.

(11)Regulations may make provision in connection with the designation of areas as neighbourhood areas; and the regulations may in particular make provision—

(a)as to the procedure to be followed in relation to designations,

(b)as to the giving of notice and publicity in connection with designations,

(c)as to consultation with and participation by the public in relation to designations,

(d)as to the making and consideration of representations about designations (including the time by which representations must be made),

(e)as to the form and content of applications for designations,

(f)requiring an application for a designation to be determined by a prescribed date,

(g)entitling or requiring a local planning authority in prescribed circumstances to decline to consider an application for a designation, and

(h)about the modification of designations (including provision about the consequences of modification on proposals for neighbourhood development orders, or on neighbourhood development orders, that have already been made).

61HNeighbourhood areas designated as business areasE+W

(1)Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.

(2)The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.

(3)The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.

(4)The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.

61INeighbourhood areas in areas of two or more local planning authoritiesE+W

(1)The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities.

(2)Regulations may make provision in connection with—

(a)the operation of subsection (1), and

(b)the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection.

(3)The regulations may in particular make provision—

(a)modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b),

(b)applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply,

(c)requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and

(d)conferring powers or imposing duties on local planning authorities.

Modifications etc. (not altering text)

C42S. 61I(2)(3) applied by 2004 c. 5, s. 38C(2)(b) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2)

61JProvision that may be made by neighbourhood development orderE+W

(1)A neighbourhood development order may make provision in relation to—

(a)all land in the neighbourhood area specified in the order,

(b)any part of that land, or

(c)a site in that area specified in the order.

(2)A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.

(3)For the meaning of “excluded development”, see section 61K.

(4)A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.

(5)A neighbourhood development order may not relate to more than one neighbourhood area.

(6)A neighbourhood development order may make different provision for different cases or circumstances.

61KMeaning of “excluded development”E+W

The following development is excluded development for the purposes of section 61J—

(a)development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1,

(b)development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (waste development) but that does not consist of development of a prescribed description,

(c)development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),

(d)development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008),

(e)prescribed development or development of a prescribed description, and

(f)development in a prescribed area or an area of a prescribed description.

Modifications etc. (not altering text)

C43S. 61K applied by 2004 c. 5, s. 38B(6) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61LPermission granted by neighbourhood development ordersE+W

(1)Planning permission granted by a neighbourhood development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)The conditions that may be specified include—

(a)obtaining the approval of the local planning authority who made the order but not of anyone else, and

(b)provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order.

(3)Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority.

(4)The regulations may in particular make provision—

(a)as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made),

(b)requiring parish councils in prescribed circumstances to cease determining applications for approvals,

(c)conferring powers or imposing duties on local planning authorities,

(d)treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed),

(e)applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and

(f)disapplying, or modifying the application of, any enactment relating to parish councils for those purposes.

(5)A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order.

(6)Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5).

(7)If—

(a)planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and

(b)the revocation is made after the development has begun but before it has been completed,

the development may, despite the withdrawal of the permission, be completed.

(8)But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.

61MRevocation or modification of neighbourhood development ordersE+W

(1)The Secretary of State may by order revoke a neighbourhood development order.

(2)A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made.

(3)If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation.

(4)A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors.

(5)If the qualifying body that initiated the process for the making of that order is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) is exercisable only with that body's consent.

(6)A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification.

(7)Regulations may make provision in connection with the revocation or modification of a neighbourhood development order.

(8)The regulations may in particular make provision—

(a)for the holding of an examination in relation to a revocation proposed to be made by the authority,

(b)as to the payment by a local planning authority of remuneration and expenses of the examiner,

(c)as to the award of costs by the examiner,

(d)as to the giving of notice and publicity in connection with a revocation or modification,

(e)as to the information and documents relating to a revocation or modification that are to be made available to the public,

(f)as to the making of reasonable charges for anything provided as a result of the regulations,

(g)as to consultation with and participation by the public in relation to a revocation, and

(h)as to the making and consideration of representations about a revocation (including the time by which representations must be made).

Modifications etc. (not altering text)

C44S. 61M applied (with modifications) by 2004 c. 5, s. 38C(2)(c)(3) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61NLegal challenges in relation to neighbourhood development ordersE+W

(1)A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed before the end of the period of 6 weeks beginning with [F200the day after] the day on which the decision is published.

(2)A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed before the end of the period of 6 weeks beginning with [F201the day after] the day on which the decision is published.

(3)A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed [F202before the end of] the period of 6 weeks beginning with [F203the day after] the day on which the result of the referendum is declared.

Textual Amendments

Modifications etc. (not altering text)

C45S. 61N applied (with modifications) by 2004 c. 5, s. 38C(2)(d)(4) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61OGuidanceE+W

Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H).

Modifications etc. (not altering text)

C46S. 61O applied by 2004 c. 5, s. 38C(2)(e) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61PProvision as to the making of certain decisions by local planning authoritiesE+W

(1)Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H).

(2)The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).

Modifications etc. (not altering text)

C47S. 61P applied by 2004 c. 5, s. 38C(2)(f) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61QCommunity right to build ordersE+W

Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).]

[F204[F205Consultation] [F205England: consultation] before applying for planning permissionE+W

Textual Amendments

F204Ss. 61W-61Y and cross-heading inserted (15.11.2011 for specified purposes, 17.12.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 122(1), 240(5)(l) (with ss. 122(3), 144); S.I. 2013/2931, art. 2

F205Words in s. 61W cross-heading substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(5), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

61W[F206Requirement] [F206England: requirement] to carry out pre-application consultationE+W

(1)Where—

(a)a person proposes to make an application for planning permission for the development of any land in England, and

(b)the proposed development is of a description specified in a development order,

the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).

(2)The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

(3)The person must consult each specified person about the proposed application.

(4)Publicity under subsection (2) must—

(a)set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(5)In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.

(6)Subsection (1) does not apply—

(a)if the proposed application is an application under section 293A, or

(b)in cases specified in a development order.

(7)A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

Textual Amendments

F206Words in s. 61W title substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(4), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

61XDuty to take account of responses to consultationE+W

(1)Subsection (2) applies where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and

(b)proposes to go ahead with making an application for planning permission (whether or not in the same terms as the proposed application).

(2)The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.

61YPower to make supplementary provisionE+W

(1)A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission.

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision about, or in connection with, publicising the proposed application;

(b)provision about, or in connection with, the ways of responding to the publicity;

(c)provision about, or in connection with, consultation under section 61W(3);

(d)provision about, or in connection with, collaboration between the person and others on the design of the proposed development;

(e)provision as to the timetable (including deadlines) for—

(i)compliance with section 61W(1),

(ii)responding to publicity under section 61W(2), or

(iii)responding to consultation under section 61W(3);

(f)provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);

(g)provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).

(3)Provision under subsection (1) may be different for different cases.]

[F207Wales: pre-application procedureE+W

Textual Amendments

F207S. 61Z and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 17(2), 58(2)(b)(4)(b)

61ZWales: requirement to carry out pre-application consultationE+W

(1)This section applies where—

(a)a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and

(b)the proposed development is development of a description specified in a development order.

(2)The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4).

(3)The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land.

(4)The applicant must consult each specified person about the proposed application.

(5)Publicity under subsection (3) must—

(a)set out how the applicant may be contacted by persons wishing to comment on the proposed development;

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(6)For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order.

(7)Subsection (2) does not apply—

(a)if the proposed application is an application under section 293A, or

(b)in cases specified in a development order.

(8)A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)).

(9)That provision may include —

(a)provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(b)provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time);

(c)provision about the timetable (including deadlines) for consultation;

(d)provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).]

[F20861Z1Wales: pre-application servicesE+W

(1)The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers.

(2)Regulations under this section may, in particular, make provision—

(a)about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);

(b)about the nature of the services required to be provided, and when and how they are to be provided;

(c)for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers;

(d)about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.

(3)References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application.

(4)A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers.

Textual Amendments

F208Ss. 61Z1, 61Z2 inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 18, 58(2)(b)(4)(b)

61Z2Pre-application services: records and statement of servicesE+W

(1)The Welsh Ministers may by regulations make provision requiring—

(a)records to be kept of requests for pre-application services;

(b)records to be kept of pre-application services provided;

(c)a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available.

(2)The regulations may, in particular, include provision about—

(a)the form and content of the records to be kept;

(b)the form and content of the statement;

(c)the way in which records are to be kept;

(d)the publication of the statement and the persons to whom, and circumstances in which, it is to be made available.

(3)Regulations under this section or section 61Z1 may contain incidental, supplementary and consequential provision.]

Textual Amendments

F208Ss. 61Z1, 61Z2 inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 18, 58(2)(b)(4)(b)

Applications for planning permissionE+W

[F20962 Applications for planning permission.E+W

(1)A development order may make provision as to applications for planning permission made to a local planning authority.

(2)Provision referred to in subsection (1) includes provision as to—

(a)the form and manner in which the application must be made;

(b)particulars of such matters as are to be included in the application;

(c)documents or other materials as are to accompany the application.

[F210(2A)In subsections (1) and (2) references to applications for planning permission include references to [F211—

(a) applications for consent, agreement or approval as mentioned in section 61DB(2), and

(b)] applications for approval under section 61L(2).]

(3)The local planning authority may require that an application for planning permission must include—

(a)such particulars as they think necessary;

(b)such evidence in support of anything in or relating to the application as they think necessary.

(4)But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1).

[F212(4A)Also, a requirement under subsection (3) in respect of an application [F213for planning permission for development of land in England]—

(a)must be reasonable having regard, in particular, to the nature and scale of the proposed development; and

(b)may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material consideration in the determination of the application.]

(5)A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified—

(a)a statement about the design principles and concepts that have been applied to the development;

(b)a statement about how issues relating to access to the development have been dealt with.

(6)The form and content of a statement mentioned in subsection (5) is such as is required by the development order.]

[F214(7)In subsection (8) “a relevant application” means the application for planning permission in a case where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and

(b)is going ahead with making an application for planning permission (whether or not in the same terms as the proposed application).

(8)A development order must require that a relevant application be accompanied by particulars of—

(a)how the person complied with section 61W(1),

(b)any responses to the consultation that were received by the person, and

(c)the account taken of those responses.]

[F215(9)In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—

(a)has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and

(b)is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).

(10)A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—

(a)how the applicant complied with section 61Z;

(b)any responses to the consultation received from persons consulted under section 61Z(3) or (4);

(c)the account taken of those responses.

(11)A development order may make provision about the form and content of the pre-application consultation report.]

Textual Amendments

F209S. 62 substituted (6.8.2004 for certain purposes, 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3 (with art. 4) (as amended by S.I. 2010/321, art. 3); S.I. 2007/1369, art. 2 (with art. 3) (as amended by S.I. 2010/321, art. 4)

F210S. 62(2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 5; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F211Words in s. 62(2A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 6

F213Words in s. 62(4A) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 28, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 8)

F214S. 62(7)(8) inserted (temp.) (15.11.2011 for specified purposes, 17.12.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 122(2), 240(5)(l) (with ss. 122(3), 144); S.I. 2013/2931, art. 2 (This amendment is extended (21.10.2020) and now ceases to have effect on 15.12.2025 by virtue of The Town and Country Planning (Pre-application Consultation) Order 2020 (S.I. 2020/1051), arts. 1, 2)

F215S. 62(9)-(11) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

[F216Wales: appeal against notice that application is not validE+W

Textual Amendments

F216Ss. 62ZA-62ZD and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 29(2), 58(2)(b)(4)(b)

62ZAWales: notice that application is not validE+W

(1)This section applies where an application is made to a local planning authority in Wales—

(a)for planning permission, or

(b)for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted.

(2)In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect.

(3)The notice must—

(a)identify the requirement in question, and

(b)set out the authority's reasons for thinking the application does not comply with it.

(4)In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that—

(a)the application does not comply with the terms of the planning permission in question, or

(b)a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application,

by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner).

(5)The notice must identify—

(a)the information, documents or materials in question, and

(b)the paragraph of subsection (4) which the authority think applies.

(6)A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given).

(7)A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that—

(a)the local planning authority must not entertain the application (see section 327A), or

(b)the period prescribed under section 78(2) does not begin to run in relation to the application.

62ZBRight to appeal to Welsh Ministers against noticeE+W

(1)If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers.

(2)In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds⁠—

(a)that the application complies with the requirement identified in the notice given under section 62ZA(2);

(b)that the application is not one to which the requirement applies;

(c)that the requirement is not a validation requirement in relation to the application;

(d)in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section.

(3)In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds—

(a)that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4);

(b)in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission;

(c)in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided.

(4)The appeal must be made by giving notice that complies with any requirements prescribed by a development order.

(5)The requirements may relate to how and when the notice is to be given and the information that is to accompany it.

(6)The appeal is to be determined on the basis of representations in writing.

(7)The Welsh Ministers must either—

(a)dismiss the appeal, or

(b)quash or vary the notice to which it relates.

(8)The Welsh Ministers' decision on the appeal is final.

62ZCAppeals under section 62ZB: determination by appointed personE+W

(1)Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers.

(2)In this section and section 62ZD, “appointed person” means a person appointed under subsection (1).

(3)At any time before an appointed person determines an appeal, the Welsh Ministers may—

(a)revoke the person's appointment, and

(b)appoint another person under subsection (1) to determine the appeal.

(4)An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A.

(5)An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers.

(6)The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.

62ZDAppeals under section 62ZB: determination by Welsh Ministers in place of appointed personE+W

(1)The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.

(2)The Welsh Ministers must serve a copy of the direction on—

(a)the person (if any) appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(3)In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.

(4)The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.

(5)The Welsh Ministers must serve a copy of a direction under subsection (4) on—

(a)the person (if any) previously appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(6)Where the Welsh Ministers give a direction under subsection (4)—

(a)they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;

(b)anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;

(c)subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.]

[F217England: option to make application directly to Secretary of State]E+W

Textual Amendments

F217S. 62A cross-heading inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 4; S.I. 2016/52, art. 3(e)

[F21862AWhen application may be made directly to Secretary of StateE+W

(1)A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made—

(a)the local planning authority concerned is designated by the Secretary of State for the purposes of this section; and

(b)the development to which the application relates (where the application is within subsection (2)(b)(i)), or the development for which outline planning permission has been granted (where the application is within subsection (2)(b)(ii)), is major development.

(2)In this section—

(a)“major development” means development of a description prescribed by the Secretary of State;

(b)“relevant application” means—

(i)an application for planning permission for the development of land in England, other than an application of the kind described in section 73(1); or

(ii)an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England.

(3)Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts—

(a)that is—

(i)an application for listed building consent, or for conservation area consent, under the Planning (Listed Buildings and Conservation Areas) Act 1990, or

(ii)an application of a description prescribed by the Secretary of State,

(b)that is considered by the person making the application to be connected with the relevant application,

(c)that would otherwise have to be made to the local planning authority or hazardous substances authority,

(d)that is neither a relevant application nor an application of the kind described in section 73(1), and

(e)that relates to land in England,

may (if the person so chooses) be made instead to the Secretary of State.

(4)If an application (“the connected application”) is made to the Secretary of State under subsection (3) but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—

(a)refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; and

(b)direct that the connected application—

(i)is to be treated as having been made to that authority (and not to the Secretary of State under this section), and

(ii)is to be determined by that authority accordingly.

(5)The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.

(6)The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection—

(a)may relate to a particular application or to applications more generally; and

(b)may be given to a particular authority or to authorities more generally.

Textual Amendments

F218Ss. 62A-62C inserted (9.5.2013 for E. for specified purposes, 1.10.2013 except in relation to s. 62A(3)(4), 25.4.2013, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 1(1), 35(2); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

62BDesignation for the purposes of section 62AE+W

(1)An authority may be designated for the purposes of section 62A only if—

(a)the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,

(b)by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and

(c)the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.

(2)This subsection applies to a document if—

(a)the document has been laid before Parliament by the Secretary of State,

(b)the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and

(c)the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.

(3)In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(4)In calculating the 40-day period for a document, no account is to be taken of any period during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses of Parliament are adjourned for more than four days.

(5)None of the following may be designated for the purposes of section 62A—

(a)the Homes and Communities Agency;

(b)the Mayor of London;

(c)a Mayoral development corporation;

(d)an urban development corporation.

(6)The Secretary of State must publish (in such manner as the Secretary of State thinks fit)—

(a)any designation of an authority for the purposes of section 62A, and

(b)any revocation of such a designation.

Textual Amendments

F218Ss. 62A-62C inserted (9.5.2013 for E. for specified purposes, 1.10.2013 except in relation to s. 62A(3)(4), 25.4.2013, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 1(1), 35(2); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

62CNotifying parish councils of applications under section 62A(1)E+W

(1)If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—

(a)the application, and

(b)any alteration to the application accepted by the Secretary of State.

(2)Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) of that Schedule.

(3)An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1.]

Textual Amendments

F218Ss. 62A-62C inserted (9.5.2013 for E. for specified purposes, 1.10.2013 except in relation to s. 62A(3)(4), 25.4.2013, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 1(1), 35(2); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

[F219Wales: developments of national significanceE+W

Textual Amendments

F219Ss. 62D, 62E and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 19, 58(2)(b)(4)(b)

62DDevelopments of national significance: applications to be made to Welsh MinistersE+W

(1)A nationally significant development application is to be made to the Welsh Ministers instead of to the local planning authority.

(2)A nationally significant development application is an application for planning permission for the development of land in Wales, where the development to which the application relates is of national significance.

(3)Development is of national significance for this purpose if it meets criteria specified in regulations made by the Welsh Ministers for the purposes of this section.

(4)Development is also of national significance for this purpose if it is development that the National Development Framework for Wales specifies, under section 60(3) of the Planning and Compulsory Purchase Act 2004, is to constitute development of national significance for the purposes of this section.

(5)The planning permission that may be granted on an application under this section does not include outline planning permission (and for this purpose “outline planning permission” has the meaning given in section 92).

(6)An application within subsection (7) is not to be treated as being a nationally significant development application, unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

(7)An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62ENotification of proposed application under section 62DE+W

(1)A person who proposes to make an application to the Welsh Ministers under section 62D must notify the following of the proposed application—

(a)the Welsh Ministers, and

(b)the local planning authority to which, but for section 62D, the application would be made.

(2)The notification must comply with any requirements specified in a development order.

(3)Those requirements may include requirements as to—

(a)the form and content of a notification;

(b)information that is to accompany the notification (including information about secondary consents in respect of which the person considers a decision should be made by the Welsh Ministers under section 62F, or otherwise relating to secondary consents);

(c)the way in which and time in which the notification is to be given.

(4)On receiving notification of an application from a person in accordance with this section, the Welsh Ministers must give notice to the person that the notification has been accepted.

(5)Any step taken in respect of an application that is proposed to be made under section 62D, if taken before the date on which notice is given under subsection (4) in respect of the application, is not to be treated for the purposes of this Act as constituting consultation with any person about the application.

(6)A development order may make provision about the giving of notice by the Welsh Ministers under subsection (4).

(7)That provision may include provision—

(a)about the form and content of the notice to be given under subsection (4);

(b)about the way in which it is to be given;

(c)about the period within which it is to be given (including provision about circumstances in which the Welsh Ministers may extend that period in a particular case).

(8)In this section and sections 62F and 62G, “secondary consent” has the meaning given in section 62H.]

[F22062FDevelopments of national significance: secondary consentsE+W

(1)Subsections (2) to (5) apply where—

(a)an application (a “section 62D application”) is made to the Welsh Ministers under section 62D, and

(b)the Welsh Ministers consider that—

(i)a secondary consent is connected to the section 62D application, and

(ii)having regard to their functions in respect of that section 62D application, the decision on that consent should be made by them.

(2)Where the decision in respect of the secondary consent would (but for this section) be made by a person other than the Welsh Ministers, it is to be made by the Welsh Ministers.

(3)For this purpose—

(a)any application that is required to be made in respect of the secondary consent, and has not yet been made, is to be made to the Welsh Ministers instead of the person to whom it would otherwise be made, and

(b)if an application has already been made in respect of the secondary consent to a person other than the Welsh Ministers, it is to be referred to the Welsh Ministers instead of being dealt with by that person.

(4)Subject to the following provisions of this Act, in a case where (but for this section) the secondary consent would have been dealt with by another person, the secondary consent is to be dealt with by the Welsh Ministers as though the Welsh Ministers were that person.

(5)The decision of the Welsh Ministers on the secondary consent is final.

(6)A secondary consent is connected to a section 62D application, for the purposes of this section, if the secondary consent—

(a)is required in order for the development to which the section 62D application relates to be carried out,

(b)would facilitate the carrying out of that development, or

(c)would facilitate any re-development or improvement, or the achievement of any other purpose, carried out on or in relation to land in connection with that development.

Textual Amendments

F220Ss. 62F-62H inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b)

62GDevelopments of national significance: supplementary provision about secondary consentsE+W

(1)The Welsh Ministers may give directions requiring the relevant person to do things in relation to a secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers.

(2)The relevant person is the person by whom (but for section 62F) the decision as to whether to grant the secondary consent would have been made.

(3)The power to give directions under this section includes power to vary or revoke the directions.

(4)Regulations made by the Welsh Ministers may make provision for regulating the manner in which a secondary consent, or an application for secondary consent, is to be dealt with by the Welsh Ministers under section 62F.

(5)That provision may include provision—

(a)about consultation to be carried out by the Welsh Ministers before a secondary consent is granted or refused;

(b)requiring a person to provide a substantive response to any consultation carried out by virtue of the regulations (including about the requirements of a substantive response and the period within which it is to be provided).

(6)Regulations made by the Welsh Ministers may provide for an applicable enactment or requirement—

(a)to apply, with or without modifications, in respect of a secondary consent within subsection (1), or an application for such a consent, or

(b)not to apply in respect of such a consent or application.

(7)For this purpose an applicable enactment or requirement, in relation to a secondary consent within subsection (1), or an application for such a consent, is—

(a)any provision of or made under this Act, or of or made under any other enactment, in respect of consents of that kind;

(b)any requirements imposed by or under this Act, or any other enactment, in respect of consents of that kind.

Textual Amendments

F220Ss. 62F-62H inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b)

62HDevelopments of national significance: meaning of secondary consentE+W

(1)For the purposes of this Act, a “secondary consent” is—

(a)a consent that is required under legislation, or is given under legislation, and that relates to, or is given in connection with, the development or use of land in Wales, or

(b)a notice that is required by legislation to be given in relation to, or in connection with, the development or use of land in Wales,

and which, in either case, is of a description prescribed by regulations made by the Welsh Ministers.

(2)A description of consent or notice may be prescribed under subsection (1) only if—

(a)provision for that consent or notice would be within the legislative competence of the National Assembly for Wales, if the provision were contained in an Act of the National Assembly, and

(b)the consent or notice is one that legislation provides is to be given by a body exercising functions of a public nature (whether or not the body also exercises any other function).

(3)For the purposes of subsection (1)—

(a)references to a consent include references to a permit, certificate, licence or other authorisation;

(b)“legislation” means any of the following (whenever enacted or made)—

(i)an Act of Parliament;

(ii)a Measure or Act of the National Assembly for Wales;

(iii)subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales).]

Textual Amendments

F220Ss. 62F-62H inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b)

[F22162IRequirement to submit local impact reportE+W

(1)This section applies where—

(a)an application has been made to the Welsh Ministers under section 62D, and

(b)the Welsh Ministers have taken steps, in respect of the application, that are specified in a development order for the purposes of this section.

(2)The Welsh Ministers must give notice in writing to each relevant local planning authority, requiring the authority to submit a local impact report in respect of the application to the Welsh Ministers.

(3)The notice must specify the deadline for receipt of the report by the Welsh Ministers.

(4)An authority to which notice is given under this section must comply with it.

(5)A local planning authority is a relevant local planning authority for the purposes of subsection (2) if the land to which the application relates, or any part of that land, is in the authority's area.

Textual Amendments

F221Ss. 62I-62K inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 21, 58(2)(b)(4)(b)

62JDuty to have regard to local impact reportE+W

(1)In dealing with an application made to them under section 62D, the Welsh Ministers must have regard to any local impact report submitted to them by a local planning authority, in respect of the application, pursuant to a notice under section 62I.

(2)In dealing with the application, the Welsh Ministers must also have regard to any voluntary local impact report submitted to them in respect of the application.

(3)A voluntary local impact report is a local impact report submitted—

(a)by a local planning authority in Wales otherwise than pursuant to a notice under section 62I, or

(b)by a community council.

(4)A development order may make provision about the submission of voluntary local impact reports to the Welsh Ministers (including provision about the manner in which a voluntary impact report is to be submitted, and the time at which it may be submitted).

(5)The duty imposed by subsection (2) does not apply in respect of a voluntary local impact report submitted otherwise than in accordance with any provision made as described in subsection (4).

Textual Amendments

F221Ss. 62I-62K inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 21, 58(2)(b)(4)(b)

62KLocal impact report: supplementaryE+W

(1)For the purposes of sections 62I and 62J, a local impact report, in respect of an application, is a report in writing that—

(a)gives details of the likely impact of the proposed development on the area (or any part of the area) of the local planning authority or community council submitting the report, and

(b)complies with any requirements specified in a development order as to the form and content of local impact reports (including any requirements specified as to information to be provided in respect of secondary consents).

(2)For this purpose the “proposed development” is the development in respect of which the application in question is made.]

Textual Amendments

F221Ss. 62I-62K inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 21, 58(2)(b)(4)(b)

[F22262LTimetable for determining applicationsE+W

(1)This section applies where an application has been made to the Welsh Ministers under section 62D.

(2)The Welsh Ministers must determine the application, and make any decision that is to be made by them by virtue of section 62F(2), before the end of the determination period.

(3)The determination period is the period of 36 weeks beginning with the date on which the application under section 62D is accepted by the Welsh Ministers.

(4)A development order may make provision about what constitutes acceptance of an application for the purposes of subsection (3).

(5)The Welsh Ministers may by notice—

(a)suspend the running of the determination period in a particular case for a period specified in the notice;

(b)terminate, reduce or extend an existing period of suspension.

(6)Notice under subsection (5) must be given to—

(a)the person who made the application under section 62D,

(b)the local planning authority to which, but for section 62D, that application would have been made, and

(c)any representative persons (within the meaning of section 319B(8A)) the Welsh Ministers consider appropriate.

(7)A development order may make provision about the giving of notice under subsection (5) (including provision about the information to be included in the notice and how and when it is to be given).

(8)The Welsh Ministers must lay before the National Assembly for Wales annual reports on—

(a)their compliance with the duty imposed by subsection (2), and

(b)their exercise of the functions conferred by subsection (5).

(9)The Welsh Ministers may by order amend subsection (3) to substitute a different period as the determination period.]

Textual Amendments

F222S. 62L inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 22, 58(2)(b)(4)(b)

[F223Wales: option to make application to Welsh MinistersE+W

Textual Amendments

F223Ss. 62M-62O and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 23, 58(2)(b)(4)(b)

62MOption to make application directly to Welsh MinistersE+W

(1)If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers.

(2)The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section.

(3)The second condition is that—

(a)the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or

(b)the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b),

is development of a description prescribed by regulations made by the Welsh Ministers.

(4)A qualifying application, for the purposes of this section, is—

(a)an application for planning permission for the development of land in Wales, provided that the development to which it relates is not development of national significance for the purposes of section 62D;

(b)an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales.

(5)But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

(6)An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62NDesignation for the purposes of section 62ME+W

(1)In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions.

(2)The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria.

(3)The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales.

(4)The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document.

(5)The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit.

(6)In this section, “the 21-day period” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

(7)The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority.

(8)The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7).

(9)An urban development corporation may not be designated for the purposes of section 62M.

62OOption to make application to Welsh Ministers: connected applicationsE+W

(1)This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M.

(2)A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application.

(3)A connected application, for this purpose, is an application under the planning Acts that—

(a)relates to land in Wales,

(b)is an application of a description prescribed by regulations made by the Welsh Ministers, and

(c)is considered by the person making it to be connected to the principal application.

(4)Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider—

(a)that the application is not connected to the principal application, or

(b)that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers.

(5)The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority.

(6)An application referred to an authority under subsection (5)—

(a)is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and

(b)is to be determined by the authority accordingly.

(7)A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).]

[F224Applications made to Welsh Ministers: generalE+W

Textual Amendments

F224Ss. 62P, 62Q and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 24, 58(2)(b)(4)(b)

62PApplications to the Welsh Ministers: supplementaryE+W

(1)A decision of the Welsh Ministers on an application made to them under section 62D, 62M or 62O is final.

(2)The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section 62D or 62M that would otherwise have been made to the authority.

(3)The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority.

(4)Directions given under this section—

(a)may relate to a particular application or description of application, or to applications generally;

(b)may be given to a particular authority or description of authority, or to authorities generally.

(5)The power to give directions under this section includes power to vary or revoke the directions.

62QNotifying community councils of applications made to Welsh MinistersE+W

(1)This section applies if—

(a)an application is made to the Welsh Ministers under section 62D, 62F, 62M or 62O, and

(b)a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications).

(2)The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A.

(3)The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A.

(4)The “relevant local planning authority”, for this purpose, is—

(a)in the case of an application under section 62D or section 62M, the local planning authority to which (but for the section in question) the application would have been made;

(b)in the case of an application under section 62F or 62O which (but for the section in question) would have been made to a local planning authority, that authority.]

[F22562RPower to make provision by development order in respect of applications to Welsh MinistersE+W

(1)A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section 62D, 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section 62F, 62M or 62O, is to be dealt with by the Welsh Ministers.

(2)That provision may include provision about—

(a)consultation to be carried out by the Welsh Ministers;

(b)the variation of an application.]

Textual Amendments

F225S. 62R inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 25, 58(2)(b)(4)(b)

[F22662SExercise of functions by appointed personE+W

Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers.]

Textual Amendments

F226S. 62S inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 26(1), 58(2)(b)(4)(b)

F22763. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F22864. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Publicity for applicationsE+W

[F22965 Notice etc. of applications for planning permission.E+W

(1)A development order may make provision requiring—

(a)notice to be given of any application for planning permission, and

(b)any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

(2)Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or [F230an agricultural tenant of that land], is given notice of the application in such manner as may be required by the order.

(3)A development order may require an applicant for planning permission to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.

[F231(3A)In subsections (1) and (3) references to [F232—

(a) any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and

(b)] any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval.]

(4)A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

(5)A local planning authority shall not entertain an application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(6)If any person—

(a)issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

(b)recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(7)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8)In this section—

and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.

(9)Notwithstanding section 127 of the M36Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.]

Textual Amendments

F229S. 65 substituted for ss. 65-68 (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34), s. 16(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1491, art. 2

F230Words in s. 65(2) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 35(2) (with s. 37)

F231S. 65(3A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 6; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F232Words in s. 65(3A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 7

F233Definition of "agricultural tenant" substituted (1.9.1995) for definition of "agricultural holding" in s. 65(8) by 1995 c. 8, ss. 40, 41(2), Sch. para. 35(3) (with s. 37)

Modifications etc. (not altering text)

C48S. 65 applied (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 7(5)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65 applied (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(3)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65 extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(5) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65 applied (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 14 para. 6(3)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Marginal Citations

[F23466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23668. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23769 Register of applications etcE+W

(1)The local planning authority must keep a register containing such information as is prescribed as to—

(a)applications for planning permission;

[F238(aa)applications for non-material changes to planning permission under section 96A;]

F239(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)local development orders;

[F240(cza) Mayoral development orders;]

[F241(ca)neighbourhood planning matters;]

(d)simplified planning zone schemes.

(2)The register must contain—

(a)information as to the manner in which applications mentioned in subsection (1)(a) [F242and (aa)] and requests mentioned in subsection (1)(b) have been dealt with;

(b)such information as is prescribed with respect to any local development order [F243, [F244Mayoral development order,] neighbourhood planning matter] or simplified planning zone scheme in relation to the authority’s area.

[F245(2A)For the purposes of subsections (1) and (2) “neighbourhood planning matters” means—

(a)neighbourhood development orders;

(b)neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and

(c)proposals for such orders or plans.]

(3)A development order may require the register to be kept in two or more parts.

(4)Each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) [F246, (aa)] and (b).

(5)A development order may also make provision—

(a)for a specified part of the register to contain copies of applications or requests and of any other documents or material submitted with them;

(b)for the entry relating to an application or request (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) or the request (as the case may be) has been finally disposed of.

(6)Provision made under subsection (5)(b) does not prevent the inclusion of a different entry relating to the application or request in another part of the register.

(7)The register must be kept in such manner as is prescribed.

(8)The register must be kept available for inspection by the public at all reasonable hours.

(9)Anything prescribed under this section must be prescribed by development order.]

Textual Amendments

F237S. 69 substituted (6.8.2004 for certain purposes and otherwise 22.2.2010) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 3 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2010/321, art. 2

F238S. 69(1)(aa) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 190(4)(a), 241 (with s. 226); S.I. 2010/566, art. 3(b)

F239S. 69(1)(b) repealed (6.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 18; S.I. 2012/628, art. 8(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F240S. 69(1)(cza) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 8(2)

F241S. 69(1)(ca) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 7(2); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F242Words in s. 69(2)(a) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 190(4)(b), 241 (with s. 226); S.I. 2010/566, art. 3(b)

F243Words in s. 69(2)(b) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 7(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F244Words in s. 69(2)(b) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 8(3)

F245S. 69(2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 7(4); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F246Words in s. 69(4) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 190(4)(c), 241 (with s. 226); S.I. 2010/566, art. 3(b)

Modifications etc. (not altering text)

C50S. 69 extended (with modifications) (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 22, Sch. 2 para. 9(1)(2) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

S. 69 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 69 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

C51S. 69: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Determination of applicationsE+W

70 Determination of applications: general considerations.E+W

(1)Where an application is made to a local planning authority for planning permission—

F247(a)subject to [F248section 62D(5) and] sections 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

F247(b)they may refuse planning permission.

(2)In dealing with such an application the authority shall have regard [F249to—

(a)the provisions of the development plan, so far as material to the application,

[F250(aa)any considerations relating to the use of the Welsh language, so far as material to the application;]

(b)any local finance considerations, so far as material to the application, and

(c)any other material considerations.]

[F251(2ZA)Subsection (2)(aa) applies only in relation to Wales.]

[F252(2A)Subsection (2)(b) does not apply in relation to Wales.]

(3)Subsection (1) has effect subject to [F253section 65] and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the M38Planning (Listed Buildings and Conservation Areas) Act 1990 and to section 15 of the M39Health Services Act 1976.

[F254(4)In this section—

Textual Amendments

F247S. 70(1)(a)(b): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

F248Words in s. 70(1)(a) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 5

F249Words in s. 70(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(2), 240(1)(i) (with ss. 143(5), 144)

F250S. 70(2)(aa) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 31(2), 58(2)(b)(4)(b) (with s. 31(4)); S.I. 2015/1987, art. 3(e)

F251S. 70(2ZA) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 31(3), 58(2)(b)(4)(b) (with s. 31(4)); S.I. 2015/1987, art. 3(e)

F252S. 70(2A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(3), 240(1)(i) (with ss. 143(5), 144)

F254S. 70(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(4), 240(1)(i) (with ss. 143(5), 144)

Modifications etc. (not altering text)

C54S. 70 modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 19 (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4,, Sch. 2

S. 70 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 70 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

Marginal Citations

[F25570A[F255Power of local planning authority to decline to determine applications.]F256[Power to decline to determine subsequent application.]E+W

(1)A local planning authority may decline to determine an application for planning permission for the development of any land if—

(a)within the period of two years ending with the date on which the application is received, the [F257Welsh Ministers have refused a similar application made to them under section 62D, 62F, 62M or 62O, or referred to them under section 77, or have] dismissed an appeal against the refusal of a similar application; and

(b)in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.

(2)For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.

(3)The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.]

[F255(1)A local planning authority may decline to determine a relevant application if—

(a)any of the conditions in subsections (2) to (4) is satisfied, and

(b)the authority think there has been no significant change in the relevant considerations since the relevant event.

(2)The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application [F258made to the Secretary of State under section 62A or] referred to him under section 76A or 77.

(3)The condition is that in that period the Secretary of State has dismissed an appeal—

(a)against the refusal of a similar application, or

(b)under section 78(2) in respect of a similar application.

(4)The condition is that—

(a)in that period the local planning authority have refused more than one similar application, and

(b)there has been no appeal to the Secretary of State against any such refusal [F259or, if there has been such an appeal, it has been withdrawn].

[F260(4A)A local planning authority in England may also decline to determine a relevant application if—

(a)the condition in subsection (4B) is satisfied, and

(b)the authority think there has been no significant change in the relevant considerations since the relevant event.

(4B)The condition is that—

(a)in the period of two years ending with the date on which the application mentioned in subsection (4A) is received the Secretary of State has refused a similar application,

(b)the similar application was an application deemed to have been made by section 177(5), and

(c)the land to which the application mentioned in subsection (4A) and the similar application relate is in England.]

(5)A relevant application is—

(a)an application for planning permission for the development of any land;

(b)an application for approval in pursuance of section 60(2) [F261, (2A) or (2B)].

(6)The relevant considerations are—

(a)the development plan so far as material to the application;

(b)any other material considerations.

(7)The relevant event is—

(a)for the purposes of subsections (2) [F262, (4) and (4B)] the refusal of the similar application;

(b)for the purposes of subsection (3) the dismissal of the appeal.

(8)An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.]

Textual Amendments

F255Ss. 70A, 70B substituted (24.8.2005 for E. in so far as relates to s. 70A, 6.4.2009 for E. in so far as relates to s. 70B, and not in force for W.) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)

F256Ss. 70A, 70B substituted (24.8.2005 for E. in so far as relates to s. 70A, 6.4.2009 for E. in so far as relates to s. 70B, and not in force for W.) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)

F257Words in s. 70(1)(a) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 6

F258Words in s. 70A(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 6; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F259Words in s. 70A(4)(b) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(2) (with s. 226); S.I. 2009/400, art. 5

F260S. 70A(4A)(4B) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(3) (with s. 226); S.I. 2009/400, art. 3

F261Words in s. 70A(5) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(2), 35(2)

F262Words in s. 70A(7)(a) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(4) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C55S. 70A applied (with modifications) (6.4.1992) by S.I. 1992/666, art. 13(1)(c), Sch. 4 Pts. I, II

S. 70A applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2004/783), reg. 14(3), Sch. 4 (as amended by S.I. 2007/1739, reg. 2(b))

C56S. 70A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F26370BPower to decline to determine overlapping applicationE+W

(1)A local planning authority may decline to determine an application for planning permission for the development of any land which is

[F264(a)made on the same day as a similar application, or

(b)] made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2)The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

(3)The condition is that a similar application is under consideration by the Secretary of State in pursuance of section [F26562A,] 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.

(4)The condition is that a similar application—

(a)has been granted by the local planning authority,

(b)has been refused by them, or

(c)has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.

[F266(4A)A local planning authority in England may also decline to determine an application for planning permission for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application.

(4B)The condition is that—

(a)a similar application is under consideration by the Secretary of State,

(b)the similar application is an application deemed to have been made by section 177(5), and

(c)the Secretary of State has not issued his decision.]

(5)An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.

(6)The determination period is—

(a)the period prescribed by the development order for the determination of the application, or

(b)such longer period as the applicant and the authority have agreed for the determination of the application.

[F267(7)If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.]]

Textual Amendments

F263Ss. 70A, 70B substituted (24.8.2005 (E.) in so far as relates to s. 70A and 6.4.2009 (E.) in so far as relates to s. 70B) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)

F264Words in s. 70B(1) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 3(2) (with s. 226); S.I. 2009/400, art. 5

F265Word in s. 70B(3) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 7; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F266S. 70B(4A)(4B) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 3(3) (with s. 226); S.I. 2009/400, art. 3

F267S. 70B(7) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 3(4) (with s. 226); S.I. 2009/400, art. 5

[F26870CPower to decline to determine retrospective applicationE+W

(1)A local planning authority [F269in England] may decline to determine an application for planning permission for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.

(2)For the purposes of the operation of this section in relation to any particular application for planning permission, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.]

Textual Amendments

F268S. 70C inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(2), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F269Words in s. 70C(1) omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 32, 58(2)(b)(4)(b)

71 Consultations in connection with determinations under s. 70.E+W

[F270(1)A development order may provide that a local planning authority shall not determine an application for planning permission before the end of such period as may be prescribed.

(2)A development order may require a local planning authority—

(a)to take into account in determining such an application such representations, made within such period, as may be prescribed; and

(b)to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.

[F271(2ZA)In subsections (1) and (2) references to [F272—

(a) an application for consent, agreement or approval as mentioned in section 61DB(2), and

(b)] an application for planning permission include references to an application for approval under section 61L(2).]

(2A)A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.]

(3)Before a local planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.

[F273(3A)Subsection (3) does not apply in relation to planning permission granted by [F274a Mayoral development order or] a neighbourhood development order.]

(4)In this section—

Textual Amendments

F270S. 71(1)(2)(2A) substituted for s. 71(1)(2) (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 16(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1491, art. 2

F271S. 71(2ZA) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 8(2); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F272Words in s. 71(2ZA) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 9(2)

F273S. 71(3A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 8(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F274Words in s. 71(3A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 9(3)

F275S. 71(4) definition of "prescribed" substituted (17.7.1992) for definitions of “agricultural holding” and “owner” by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.15 (with s. 84(5)); S.I. 1992/1491, art. 2

F276Words in s. 71(4) inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 6(2) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

Marginal Citations

[F27771ZADecision notices: WalesE+W

(1)A development order may include provision as to—

(a)the form of decision notices,

(b)the manner in which decision notices are to be given, and

(c)the particulars to be contained in decision notices.

(2)A decision notice must specify any plans or other documents in accordance with which the development to which it relates is to be carried out.

(3)Where the decision notice relating to a development specifies any plans or other documents in accordance with which the development is to be carried out, the planning permission relating to the development is deemed to be granted subject to the condition that the development must be carried out in accordance with those plans or other documents.

(4)Subsection (5) applies where, after planning permission is granted in respect of a development in Wales—

(a)a local planning authority or the Welsh Ministers give any consent, agreement or approval required by any condition or limitation subject to which the planning permission was granted, or

(b)such a condition or limitation is imposed, removed or altered.

(5)The local planning authority must give a revised version of the decision notice to such persons as may be specified by a development order.

(6)The revised version of the notice must contain such details relating to the giving of the consent, agreement or approval, or to the imposition, removal or alteration of the limitation or condition, as may be specified by a development order.

(7)In this section “decision notice” means a notice of a decision to grant planning permission in respect of a development in Wales.]

Textual Amendments

F277S. 71ZA inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 33(2), 58(2)(b)(4)(b)

[F27871ZBNotification of initiation of development and display of notice: WalesE+W

(1)Before beginning any development to which a relevant planning permission relates, a person must give to the local planning authority notice—

(a)stating the date on which the development is to begin;

(b)giving details of the planning permission and of such other matters as may be specified by a development order.

(2)A person carrying out development to which a relevant planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a copy of any notice of a decision to grant it.

(3)A notice under subsection (1) must be in the form specified by a development order; and a copy of a notice to grant planning permission displayed under subsection (2) must be in a form specified by, and must be displayed in accordance with, such an order.

(4)A notice of a decision to grant a relevant planning permission must set out the duties imposed by subsections (1) to (3).

(5)A relevant planning permission is deemed to be granted subject to the condition that the duties imposed by subsections (1) to (3) must be complied with.

(6)For the purposes of this section a relevant planning permission is a planning permission of a description specified by a development order for the development of land in Wales.]

Textual Amendments

F278S. 71ZB inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 34, 58(2)(b)(4)(b)

[F27971AAssessment of environmental effects.E+W

(1)The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.

(2)The regulations—

(a) may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any [F280EU] obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the M41 European Communities Act 1972; and

(b)may make different provision for different classes of development.

(3)Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, section 333(3) shall not apply.]

Textual Amendments

Marginal Citations

72 Conditional grant of planning permission.E+W

(1)Without prejudice to the generality of section 70(1), conditions may be imposed on the grant of planning permission under that section—

(a)for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the local planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

(b)for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.

(2)A planning permission granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.

(3)Where—

(a)planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition; and

(b)any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

(4)Subsection (3)(a) does not apply to a condition attached to the planning permission by or under section 91 or 92.

(5)Part I of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals [F281or involving the depositing of refuse or waste materials], and subsection (2) has effect subject to paragraph 1(6)(a) of that Schedule.

Textual Amendments

Modifications etc. (not altering text)

C57S. 72: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C59S. 72(1)(a) modified (26.11.1992) by S.I. 1992/2683, reg. 2, Sch. para. 2

S. 72(1)(a) modified (3.6.1995) by S.I. 1995/1139, reg. 2, Sch. para. 1

73 Determination of applications to develop land without compliance with conditions previously attached.E+W

(1)This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2)On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a)if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and

(b)if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

(3)[F282Special provision may be made with respect to such applications—

(a)by regulations under section 62 as regards the form and content of the application, and

(b)by a development order as regards the procedure to be followed in connection with the application.]

(4)This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun.

[F283(5)Planning permission must not be granted under this section [F284for the development of land in England] to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—

(a)a development must be started;

(b)an application for approval of reserved matters (within the meaning of section 92) must be made.]

Textual Amendments

F282S. 73(3) repealed (6.8.2004 for certain purposes and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(2), 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2

F283S. 73(5) inserted (24.8.2005 for E and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(3), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F284Words in s. 73(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 35(7), 58(2)(b)(4)(b)

Modifications etc. (not altering text)

C60S. 73: functions of local authority not to be responsibility, of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 para. A. 2

C61S. 73: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F28573A Planning permission for development already carried out.E+W

(1)On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2)Subsection (1) applies to development carried out—

(a)without planning permission;

(b)in accordance with planning permission granted for a limited period; or

(c)without complying with some condition subject to which planning permission was granted.

(3)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

Textual Amendments

Modifications etc. (not altering text)

C63S. 73A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

74 Directions etc. as to method of dealing with applications.E+W

(1)Provision may be made by a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by local planning authorities, and in particular—

(a)for enabling the Secretary of State to give directions restricting the grant of planning permission by the local planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

(b)for authorising the local planning authority, in such cases and subject to such conditions as may be prescribed by the order or by directions given by the Secretary of State under it, to grant planning permission for development which does not accord with the provisions of the development plan;

(c)for requiring that, before planning permission for any development is granted or refused, local planning authorities prescribed by the order or by directions given by the Secretary of State under it shall consult with such authorities or persons as may be so prescribed;

(d)for requiring the local planning authority to give to any applicant for planning permission, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

(e)for requiring the local planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;

(f)for requiring the local planning authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

[F286(1ZA)In subsection (1)—

(a)in paragraph (c) the reference to planning permission for any development includes a reference to [F287—

(i)a consent, agreement or approval as mentioned in section 61DB(2), and

(ii)] an approval under section 61L(2), and

(b)in paragraph (f) references to applications for planning permission include references to [F288—

(i) applications for consent, agreement or approval as mentioned in section 61DB(2), and

(ii)] applications for approvals under section 61L(2).

[F289(1A)Provision may be made by a development order—

(a)for determining the persons to whom applications under this Act are to be sent; and

(b)for requiring persons to whom such applications are sent to send copies to other interested persons.]

[F290(1B)Provision may be made by a development order—

(a)for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough to refuse an application for planning permission of a prescribed description in any particular case;

(b)for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and

(c)for modifying any provision of this Act relating to an appeal against a refusal of planning permission (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with such a direction;

and in the preceding provisions of this subsection “ prescribed ” means prescribed by, or by directions made under, a development order.

(1C)In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—

(a)the development plan, and

(b)the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,

so far as material to the application.]

(2)Subsection (1) is subject to the provisions of F291. . . sections 67(7) and 73(1) of the M42Planning (Listed Buildings and Conservation Areas) Act 1990.]

Textual Amendments

F286S. 74(1ZA) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 9; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F287Words in s. 74(1ZA)(a) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 10(a)

F288Words in s. 74(1ZA)(b) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 10(b)

F289S. 74(1A) inserted (25.11.1991 for certain purposes and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 19(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 5)

F290S. 74(1B)(1C) inserted (12.1.2000) by 1999 c. 29, s. 244(9) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

Modifications etc. (not altering text)

Marginal Citations

[F29274ADeemed discharge of planning conditionsE+W

(1)The Secretary of State may by development order make provision for the deemed discharge of a condition to which this section applies.

(2)This section applies to a condition which—

(a)has been imposed on the grant of planning permission for the development of land in England, and

(b)requires the consent, agreement or approval of a local planning authority to any matter.

(3)Deemed discharge of a condition means that the local planning authority's consent, agreement or approval to any matter as required by the condition is deemed to have been given.

(4)A development order which makes provision for deemed discharge of a condition must provide that the condition is deemed to be discharged only if—

(a)a person (“the applicant”) has applied to the local planning authority for the consent, agreement or approval required by the condition,

(b)the period for the authority to give notice of their decision on the application has elapsed without that notice having been given, and

(c)the applicant has taken such further steps (if any) as are prescribed under subsection (5).

(5)The Secretary of State may by development order make provision about the procedure for the deemed discharge of a planning condition and, in particular, provision—

(a)allowing or requiring steps to be taken by the applicant or the local planning authority;

(b)as to the time at which or period within which a step may or must be taken;

(c)as to the time at which the deemed discharge takes effect (including for this to be determined by the applicant, subject to such limitations as may be prescribed);

(d)for a time or period within paragraph (b) or (c) to be modified by agreement between the applicant and the local planning authority;

(e)as to the form or content of any notice which may or must be given as part of the procedure, and as to the means by which it may or must be given.

(6)The Secretary of State may by development order provide that provision for deemed discharge of a condition does not apply—

(a)in relation to a condition of a prescribed description;

(b)in relation to a condition imposed on the grant of planning permission of a prescribed description;

(c)in relation to a condition imposed on the grant of planning permission for development of a prescribed description;

(d)in other prescribed circumstances.

(7)The power in subsection (6)(d) includes power to provide that provision for deemed discharge of a condition does not apply where an applicant for planning permission and the local planning authority to whom the application is made agree, before or after planning permission is granted, that it should not apply in relation to a condition imposed on the grant of permission.

(8)The Secretary of State may by development order make provision for section 78(2) (appeals to the Secretary of State) not to apply, or to apply with modifications, where—

(a)a person has applied for the consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission,

(b)the local planning authority have not given notice to that person of their decision on the application within the period mentioned in section 78(2), and

(c)the person has taken such further steps (if any) as are prescribed to bring about the deemed discharge of the planning condition.

(9)A development order which makes provision for deemed discharge of a condition must limit the application of that provision to a condition imposed on the grant of planning permission following an application made after the development order comes into force.

(10)In this section—

Textual Amendments

F292S. 74A inserted (12.2.2015) by Infrastructure Act 2015 (c. 7), ss. 29, 57(5)(c)

75 Effect of planning permission.E+W

(1)Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.

(2)Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.

(3)If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

Modifications etc. (not altering text)

C66S. 75 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 75 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

[F293Applications made to the Welsh Ministers: applicable provisionsE+W

Textual Amendments

F293S. 75A and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 7

75AProvisions applying for purpose of applications made to the Welsh MinistersE+W

(1)A development order may provide for an applicable enactment or requirement—

(a)to apply, with or without modifications, to an application made to the Welsh Ministers under section 62D, 62M or 62O, or

(b)not to apply to such an application.

(2)For this purpose an applicable enactment or requirement, in relation to an application made to the Welsh Ministers under section 62D, 62M or 62O, is—

(a)any provision of or made under this Act, or any other enactment, relating to applications of that kind when made to the relevant authority;

(b)any requirements imposed by a development order in respect of applications of that kind when made to the relevant authority.

(3)The “relevant authority”, in relation to an application made to the Welsh Ministers under section 62D, 62M or 62O, is the authority to which, but for the section in question, the application would have been made.]

76 Duty to draw attention to certain provisions for benefit of disabled.E+W

F294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F294S. 76 omitted (6.8.2004) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 4 (with s. 111); S.I. 2004/2097, art. 2 and said section repealed (10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2006/1061, art. 3; S.I. 2007/1369, art. 2

Secretary of State’s powers as respects planning applications and decisionsE+W

[F29576AMajor infrastructure projectsE+W

(1)This section applies to—

(a)an application for planning permission;

(b)an application for the approval of a local planning authority required under a development order,

if the Secretary of State thinks that the development to which the application relates is of national or regional importance.

(2)The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.

(3)If the Secretary of State gives a direction under subsection (2) he may also direct that any application—

(a)under or for the purposes of the planning Acts, and

(b)which he thinks is connected with the application mentioned in subsection (1),

must also be referred to him instead of being dealt with by the local planning authority.

(4)If the Secretary of State gives a direction under this section—

(a)the application must be referred to him;

(b)he must appoint an inspector to consider the application.

(5)If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—

(a)be in such form and contain such matter as is prescribed by development order;

(b)be submitted to the Secretary of State in accordance with such provision as is so prescribed.

(6)For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.

(7)A direction under this section or section 76B may be varied or revoked by a subsequent direction.

(8)The decision of the Secretary of State on any application referred to him under this section is final.

(9)Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).

(10)The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—

(a)section 70;

(b)section 72(1) and (5);

(c)section 73;

(d)section 73A.

(11)A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.

(12)This section does not apply to an application which relates to the development of land in Wales.

Textual Amendments

F295Ss. 76A, 76B inserted (6.8.2004 for certain purposes, 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 44, 121; S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)

76BMajor infrastructure projects: inspectorsE+W

(1)This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).

(2)The Secretary of State may direct the lead inspector—

(a)to consider such matters relating to the application as are prescribed;

(b)to make recommendations to the Secretary of State on those matters.

(3)After considering any recommendations of the lead inspector the Secretary of State may—

(a)appoint such number of additional inspectors as he thinks appropriate;

(b)direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.

(4)An additional inspector must—

(a)comply with such directions as to procedural matters as the lead inspector gives;

(b)report to the lead inspector on the matters he is appointed to consider.

(5)A copy of directions given as mentioned in subsection (4)(a) must be given to—

(a)the person who made the application;

(b)the local planning authority;

(c)any other person who requests it.

(6)If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.

(7)In every case the lead inspector must report to the Secretary of State on—

(a)his consideration of the application;

(b)the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).

(8)The function of the lead inspector in pursuance of subsection (2)—

(a)may be exercised from time to time;

(b)includes making recommendations as to the number of additional inspectors required from time to time.

(9)The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.]

Textual Amendments

F295Ss. 76A, 76B inserted (6.8.2004 for certain purposes, 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 44, 121; S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)

[F29676CProvisions applying to applications made under section 62AE+W

(1)Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority.

(2)Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A.

(3)Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority.

Textual Amendments

F296Ss. 76C-76E inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 5; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

76DDeciding applications made under section 62AE+W

(1)An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E.

(2)Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—

(a)revoke the person's appointment; and

(b)appoint another person to determine the application instead.

(3)A person appointed under this section to determine an application for planning permission made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C.

(4)Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State.

(5)Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.

(6)It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given.

(7)Where any enactment (other than this section and section 319A)—

(a)refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or

(b)refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,

then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.

Textual Amendments

F296Ss. 76C-76E inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 5; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

76EApplications under section 62A: determination by Secretary of StateE+W

(1)The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D.

(2)Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—

(a)the person, if any, appointed under section 76D to determine the application concerned,

(b)the applicant, and

(c)the local planning authority.

(3)Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—

(a)in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and

(b)subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it.

(4)The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.

(5)Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—

(a)the person, if any, previously appointed under section 76D to determine the application concerned,

(b)the applicant, and

(c)the local planning authority.

(6)Where a direction is given under subsection (4) in relation to a direct application—

(a)anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and

(b)subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.]

Textual Amendments

F296Ss. 76C-76E inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 5; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

77 Reference of applications to Secretary of State.E+W

(1)The Secretary of State may give directions requiring applications for planning permission, or for the approval of any local planning authority required under a development order [F297, a local development order or a neighbourhood development order], to be referred to him instead of being dealt with by local planning authorities.

(2)A direction under this section—

(a)may be given either to a particular local planning authority or to local planning authorities generally; and

(b)may relate either to a particular application or to applications of a class specified in the direction.

(3)Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

(4)Subject to subsection (5), where an application for planning permission is referred to the Secretary of State under this section, sections [F29870, 72(1) and (5), 73 and 73A] shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the local planning authority [F299and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71].

(5)Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6)Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.

[F300(6A)Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.]

(7)The decision of the Secretary of State on any application referred to him under this section shall be final.

Textual Amendments

F297Words in s. 77(1) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F298Words in s. 77(4) substituted (2.1.1992 so far as relating to the inclusion of a reference to s. 73A otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.18 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5) and S.I. 1992/1491, art.2, Sch.1

Modifications etc. (not altering text)

C67S. 77 extended (3.11.1994) by 1994 c. 33, ss. 80(3), 172(4)

C69S. 77(5) excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with ss. 20, 64, 219)

78 Right to appeal against planning decisions and failure to take such decisions. E+W

(1)Where a local planning authority—

(a)refuse an application for planning permission or grant it subject to conditions;

(b)refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or

(c)refuse an application for any approval of that authority required under a development order [F301, a local development order or a neighbourhood development order] or grant it subject to conditions,

the applicant may by notice appeal to the Secretary of State.

(2)A person who has made such an application [F302to the local planning authority] may also appeal to the Secretary of State if the local planning authority have [F303done none of the following]—

(a)given notice to the applicant of their decision on the application;

[F304(aa)given notice to the applicant that they have exercised their power under section 70A [F305or 70B] [F306or 70C] to decline to determine the application;]

(b)given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,

within such period as may be prescribed by the development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(3)Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order.

(4)The time prescribed for the service of such a notice must not be less than—

(a)28 days from the date of notification of the decision; or

(b)in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.

[F307(4A)A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.

[F308(4AA)An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—

(a)the land to which the application relates is in Wales,

(b)granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and

(c)on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.

(4AB)An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—

(a)the land to which the application relates is in Wales,

(b)an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and

(c)on the determination of that appeal, the condition was not discharged under section 177.]

F309(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F310(4BA)Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

(4BB)A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.]

F309(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F309(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)For the purposes of the application of sections [F31179(1) and (3)], 253(2)(c), 266(1)(b) [F312, 288(10)(b) [F313, 319A(7)(b) and 319B(7)(b)]] in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

Textual Amendments

F301Words in s. 78(1)(c) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 11; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F302Words in s. 78(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 8; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F303Words in s. 78(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F304S. 78(2)(aa) substituted (25.9.1991) for 'nor' by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F305Words in s. 78(2)(aa) inserted (6.4.2009 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(2), 121 (with s. 111); S.I. 2009/384, art. 2

F306Words in s. 78(2)(aa) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(3), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F307S. 78(4A)-(4D) inserted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 2 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F308S. 78(4AA)(4AB) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 45, 58(2)(b)(4)(b)

F309S. 78(4B)-(4D) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(2)

F310S. 78(4BA)(4BB) inserted (6.9.2015 for specified purposes, 5.5.2017 for all other purposes) by Planning (Wales) Act 2015 (anaw 4)ss. 47(1), 58(2)(b)(4)(b);

F311Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(a) (with s. 226); S.I. 2009/400, art. 3

F312Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(b) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C70S. 78 modified by S.I. 1989/670, reg. 15 as amended by S.I. 1990/1562, regs. 2, 3, 6

S. 78 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. I, IV, V

S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

C71S. 78 restricted (18.12.1996) by 1996 c. 61, s. 9(5), Sch. 6 Pt. IV para. 33

C73Ss. 78, 79 applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), reg. 17, Sch. 4 (as amended (1.10.2013) by S.I. 2013/2114, regs. 1(1), 3)

C74S. 78 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 10, Sch. 7 para. 31

C75S. 78 applied (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 49, Sch. 16 para. 2(7)

C80Ss. 78, 79 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(1) (with arts. 11, 12)

C83S. 78 applied (with modifications) (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 39(1)(a)

C84S. 78 applied in part (with modifications) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 37 (with arts. 27(2), 39, Sch. 10 para. 4)

C88S. 78 applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 6(1)(a) (with arts. 12, 13, Sch. 12)

C91S. 78 applied (with modifications) (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 4(1)(a)

C97Ss. 78, 79 applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 7(1)(a) (with art. 5)

C102S. 78(1) applied (with modifications) (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 35(2) (with arts. 37, 38, Sch. 9 para. 19)

C103S. 78(1) applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 3(2)

[F31478AAppeal made: functions of local planning authoritiesE+W

(1)This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2).

(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).

(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—

(a)the appeal must be treated as an appeal under section 78(1) against the refusal;

(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;

(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—

(a)to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;

(b)to revise the grounds of the appeal;

(c)to change any option the person has chosen relating to the procedure for the appeal.

(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.

(6)The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).]

Textual Amendments

F314S. 78A inserted (6.8.2004 for specified purposes, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 50(1), s. 121(1)-(3) (with ss. 50(3), 111); S.I. 2004/2097, art. 2; S.I. 2015/340, art. 2(b)

79 Determination of appeals. E+W

(1)On an appeal under section 78 the Secretary of State may—

(a)allow or dismiss the appeal, or

(b)reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

[F315(1A)On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.

(1B)But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.]

(2)Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

[F316(3)Subsection (2) does not apply to—

(a)an appeal referred to a Planning Inquiry Commission under section 101; or

(b)an appeal against a decision of a local planning authority in England.]

[F317(3A)Subsection (2) does not apply to an appeal to the Welsh Ministers.]

(4)Subject to subsection (2), the provisions of sections [F31870, 72(1) and (5), 73 and 73A] and Part I of Schedule 5 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 as they apply in relation to an application for planning permission which falls to be determined by the local planning authority [F319and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71].

(5)The decision of the Secretary of State on such an appeal shall be final.

(6)If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 70 and 72(1), the development order and any directions given under that order, planning permission for that development—

(a)could not have been granted by the local planning authority; or

(b)could not have been granted otherwise than subject to the conditions imposed,

he may decline to determine the appeal or to proceed with the determination.

[F320(6A)If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.]

(7)Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.

Textual Amendments

F315S. 79(1A)(1B) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 29(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 10)

F316S. 79(3) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 4 (with s. 226); S.I. 2009/400, art. 3

F318Words in s. 79(4) substituted (2.1.1992 so far as relating to the inclusion of a reference to s. 73A and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 19 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art .5); S.I. 1992/1491, art. 2, Sch. 1

Modifications etc. (not altering text)

C80Ss. 78, 79 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(1) (with arts. 11, 12)

C97Ss. 78, 79 applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 7(1)(a) (with art. 5)

C104Ss. 78, 79 modified by S.I. 1989/670, reg. 15 as amended by S.I. 1990/1562, regs. 2, 3, 6

Ss. 78, 79 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. I, IV, V

S. 79 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 79 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

C105Ss. 78, 79 applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), reg. 17, Sch. 4 (as amended (1.10.2013) by S.I. 2013/2114, regs. 1(1), 3)

C110S. 79 applied (with modifications) (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 39(1)(a)

C115S. 79 applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 6(1)(a) (with arts. 12, 13, Sch. 12)

C118S. 79 applied (with modifications) (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 4(1)(a)

C123S. 79(2) excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with ss. 20, 64, 219)

F32180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F32281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Simplified planning zonesE+W

82 Simplified planning zones.E+W

(1)A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.

(2)The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission—

(a)for development specified in the scheme, or

(b)for development of any class so specified.

(3)Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

Modifications etc. (not altering text)

83 Making of simplified planning zone schemes.E+W

(1)Every local planning authority shall consider, as soon as practicable after 2nd November 1987, the question for which part or parts of their area a simplified planning zone scheme is desirable, and then shall keep that question under review.

(2)If as a result of their original consideration or of any such review a local planning authority decide that it is desirable to prepare a scheme for any part of their area they shall do so; and a local planning authority may at any time decide—

(a)to make a simplified planning zone scheme, or

(b)to alter a scheme adopted by them, or

(c)with the consent of the Secretary of State, to alter a scheme approved by him.

(3)Schedule 7 has effect with respect to the making and alteration of simplified planning zone schemes and other related matters.

[F323(3A)A simplified planning zone scheme for an area in Wales must be in general conformity with—

(a)the National Development Framework for Wales (see sections 60 to 60C of the Planning and Compulsory Purchase Act 2004), and

(b)the strategic development plan for any strategic planning area that includes all or part of the simplified planning zone (see sections 60I and 60J of that Act).]

[F324(5)In this section and in Schedule 7 references to a regional strategy are to a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009]

Textual Amendments

F323S. 83(3A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 7(2), 58(2)(b)(4)(b)

84 Simplified planning zone schemes: conditions and limitations on planning permission.E+W

(1)The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—

(a)conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and

(b)conditions or limitations requiring the consent, agreement or approval of the local planning authority in relation to particular descriptions of permitted development.

(2)Different conditions or limitations may be specified in a simplified planning zone scheme for different cases or classes of case.

(3)Nothing in a simplified planning zone scheme shall affect the right of any person—

(a)to do anything not amounting to development, or

(b)to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme.

(4)No limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.

85 Duration of simplified planning zone scheme.E+W

(1)A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.

(2)When the scheme ceases to have effect planning permission under it shall also cease to have effect except in a case where the development authorised by it has been begun.

86 Alteration of simplified planning zone scheme.E+W

(1)This section applies where alterations to a simplified planning zone scheme are adopted or approved.

(2)The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land, or such part of it as is specified in the scheme, planning permission for development so specified or of any class so specified.

(3)The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.

(4)The adoption or approval of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions immediately.

(5)The adoption or approval of alterations providing for—

(a)the exclusion of land from the simplified planning zone,

(b)the withdrawal of planning permission, or

(c)the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption or approval.

(6)The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.

87 Exclusion of certain descriptions of land or development.E+W

(1)The following descriptions of land may not be included in a simplified planning zone—

(a)land in a National Park;

(b)land in a conservation area;

(c)land within the Broads;

(d)land in an area designated under [F325section 82 of the Countryside and Rights of Way Act 2000] as an area of outstanding natural beauty;

(e)land identified in the development plan for the district as part of a green belt;

[F326(f)land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981).]

(2)Where land included in a simplified planning zone becomes land of a description mentioned in subsection (1), that subsection does not operate to exclude it from the zone.

(3)The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

(a)in relation to an area of land specified in the order or to areas of land of a description so specified, or

(b)for development of a description specified in the order.

(4)An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.

[F327(5)A simplified planning zone scheme does not have effect to grant planning permission for the development of land in Wales, where the development is of national significance for the purposes of section 62D.]

Textual Amendments

F325Words in s. 87(1)(d) substituted (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 10; S.I. 2001/114, art. 2(2)(e)

F326S. 87(1)(f) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 7

F327S. 87(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 8

Enterprise zone schemesE+W

88 Planning permission for development in enterprise zones.E+W

(1)An order designating an enterprise zone under Schedule 32 to the M43Local Government, Planning and Land Act 1980 shall (without more) have effect on the date on which the order designating the zone takes effect to grant planning permission for development specified in the scheme or for development of any class so specified.

(2)The approval of a modified scheme under paragraph 11 of that Schedule shall (without more) have effect on the date on which the modifications take effect to grant planning permission for development specified in the modified scheme or for development of any class so specified.

(3)Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or, if none is specified, shall be unconditional.

(4)Subject to subsection (5), where planning permission is so granted for any development or class of development the enterprise zone authority may direct that the permission shall not apply in relation—

(a)to a specified development; or

(b)to a specified class of development; or

(c)to a specified class of development in a specified area within the enterprise zone.

(5)An enterprise zone authority shall not give a direction under subsection (4) unless—

(a)they have submitted it to the Secretary of State, and

(b)he has notified them that he approves of their giving it.

(6)If the scheme or the modified scheme specifies, in relation to any development it permits, matters which will require approval by the enterprise zone authority, the permission shall have effect accordingly.

(7)The Secretary of State may by regulations make provision as to—

(a)the procedure for giving a direction under subsection (4); and

(b)the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (6).

(8)Such regulations may modify any provision of the planning Acts or any instrument made under them or may apply any such provision or instrument (with or without modification) in making any such provision as is mentioned in subsection (7).

(9)Nothing in this section prevents planning permission being granted in relation to land in an enterprise zone otherwise than by virtue of this section (whether the permission is granted in pursuance of an application made under this Part or by a development order [F328, a local development order or a neighbourhood development order]).

(10)Nothing in this section prejudices the right of any person to carry out development apart from this section.

[F329(11)An enterprise zone scheme does not have effect to grant planning permission for the development of land in Wales, where the development is of national significance for the purposes of section 62D.]

Textual Amendments

F328Words in s. 88(9) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 12; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F329S. 88(11) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 9

Marginal Citations

89 Effect on planning permission of modification or termination of scheme.E+W

(1)Modifications to an enterprise zone scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.

(2)When an area ceases to be an enterprise zone, planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.

Deemed planning permissionE+W

90 Development with government authorisation.E+W

(1)Where the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority [F330or National Park authority], or by statutory undertakers who are not a local authority [F330or National Park authority], that department may, on granting that authorisation, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

[F331(2)On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—

(a)so much of the operation or change of use to which the consent relates as constitutes development;

(b)any development ancillary to the operation or change of use to which the consent relates.

(2ZA)On varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—

(a)a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;

(b)a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;

(c)a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.]

[F332(2A)On making an order under section 1 or 3 of the Transport and Works Act 1992 which includes provision for development, the Secretary of State may direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.]

(3)The provisions of this Act (except [F333Part] XII) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this section as if it had been granted by the Secretary of State on an application referred to him under section 77 [F334(so that section 71ZA applies as if references to the decision notice were to the direction).]

(4)For the purposes of this section development is authorised by a government department if—

(a)any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

(b)a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

(c)consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;

(d)authority is given by the department—

(i)for the borrowing of money for the purpose of the development, or

(ii)for the application for that purpose of any money not otherwise so applicable; or

(e)any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants;

and references in this section to the authorisation of a government department shall be construed accordingly.

[F335(5)In subsection (2), the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station.

(6)In this section, references to England or Wales include—

(a)waters adjacent to England or Wales up to the seaward limits of the territorial sea, and

(b)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(7)In this section “electric line”, “extension”, “generating station” and “Renewable Energy Zone” have the same meanings as in Part 1 of the Electricity Act 1989.]

Textual Amendments

F330Words in s. 90(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F331S. 90(2)(2ZA) substituted for s. 90(2) (31.7.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 21(2), 35(1); S.I. 2013/1488, art. 5(b)

F333Word in s. 90(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 12 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F334Words in s. 90(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 33(3), 58(2)(b)(4)(b)

F335S. 90(5)(6)(7) substituted for s. 90(5) (31.7.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 21(3), 35(1); S.I. 2013/1488, art. 5(b)

Modifications etc. (not altering text)

C126S. 90(2A) modified (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 32

C127S. 90(2A) modified (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 29 (with art. 31(2))

Duration of planning permissionE+W

91 General condition limiting duration of planning permission.E+W

(1)Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

(a)[F336[F337three years]] [F336the applicable period,] beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

(b)such other period (whether longer or shorter) beginning with that date as the authority concerned with the terms of planning permission may direct.

(2)The period mentioned in subsection (1)(b) shall be a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.

(3)If planning permission is granted without the condition required by subsection (1), it shall [F338(subject to subsections (3ZA) and (3ZB))] be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the [F339expiration of [F340three years] beginning with the date of the grant] [F339expiration of the applicable period, beginning with the date of the grant].

[F341(3ZA)Subsection (3ZB) applies if—

(a)a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and

(b)the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.

(3ZB)The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.

(3ZC)The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1).

(3ZD)References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73.]

[F342(3A)Subsection (3B) applies if any proceedings are begun to challenge the validity[F343, in respect of the development of land in England,] of a grant of planning permission or of a deemed grant of planning permission.

(3B)The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year.

(3C)Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.]

(4)Nothing in this section applies—

(a)to any planning permission granted by a development order [F344, a local development order or a neighbourhood development order];

(b)to any planning permission [F345granted for development carried out before the grant of that permission];

(c)to any planning permission granted for a limited period;

F346[(d)to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i)the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii)the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;]

(e)to any planning permission granted by an enterprise zone scheme;

(f)to any planning permission granted by a simplified planning zone scheme; or

(g)to any outline planning permission, as defined by section 92.

[F347(5)The applicable period—

(a)in relation to England, is three years;

(b)in relation to Wales, is five years.]

Textual Amendments

F336Words in s. 91(1)(a) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 35(2), 58(2)(b)(4)(b)

F337Words in s. 91(1)(a) substituted (24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(1)(a), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F338Words in s. 91(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 35(3)(a), 58(2)(b)(4)(b)

F339Words in s. 91(3) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 35(3)(b), 58(2)(b)(4)(b)

F340Words in s. 91(3) substituted (24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(1)(a), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F341S. 91(3ZA)-(3ZD) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 35(4), 58(2)(b)(4)(b)

F342S. 91(3A)-(3C) inserted (24.8.2005 for E., 22.6.2015 for W. for specified purposes) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 51(1)(b), s. 121(1)-(3) (with ss. 51(6), 111); S.I. 2005/2081, art. 2(c); S.I. 2015/340, art. 3

F343Words in s. 91(3A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 35(5), 58(2)(b)(4)(b)

F344Words in s. 91(4)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 13; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F347S. 91(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 35(6), 58(2)(b)(4)(b)

Modifications etc. (not altering text)

C128S. 91 excluded (5.11.1993) by 1993 c. 42, s. 24(2) (with ss. 2, 30(1), Sch. 2 para.9)

S. 91 excluded (18.12.1996) by 1996 c. 61, s. 10(4)

C129S. 91 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 11(4)

92 Outline planning permission.E+W

(1)In this section and section 91 “outline planning permission” means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority[F348, the Welsh Ministers] or the Secretary of State of matters not particularised in the application (“reserved matters”).

(2)Subject to the following provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect—

(a)that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission; and

(b)[F349that the development to which the permission relates must be begun not later than—

(i)F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F351. . . the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.]

[F349that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved;

(c)that, in the case of outline planning permission for the development of land in Wales, the development must be begun no later than—

(i)the expiration of five years from the date of the grant of outline planning permission, or

(ii)if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.]

(3)If outline planning permission is granted without the conditions required by subsection (2), it shall [F352(subject to subsections (3A) to (3D))] be deemed to have been granted subject to those conditions.

[F353(3A)If outline planning permission is granted under section 73 for the development of land in Wales, but without the condition required by subsection (2)(a), it shall be deemed to have been granted subject to the following condition.

(3B)The condition is that, in the case of any reserved matter, application for approval must be made not later than the date on or before which the previous permission required application for approval, in the case of any matter reserved under the previous permission, to be made.

(3C)If outline planning permission is granted under section 73 for the development of land in Wales, but without a condition required by subsection (2)(c), it shall be deemed to have been granted subject to the following condition.

(3D)The condition is that the development to which the permission relates must be begun not later than the date on or before which the previous permission required development to be begun.

(3E)The previous permission, in relation to outline planning permission granted under section 73, is the previous planning permission referred to in subsection (1) of that section.]

(4)The authority concerned with the terms of an outline planning permission may, in applying subsection (2), substitute, or direct that there be substituted, for the periods [F354of three years, F355. . . or two years] referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.

(5)They may also specify, or direct that there be specified, separate periods under paragraph (a) of subsection (2) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) [F356or (c)] of that subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.

(6)In considering whether to exercise their powers under subsections (4) and (5), the authority shall have regard to the provisions of the development plan and to any other material considerations.

Textual Amendments

F348Words in s. 92(1) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 10

F349S. 92(2)(b)(c) substituted for s. 92(2)(b) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 36(2), 58(2)(b)(4)(b)

F350S. 92(2)(b)(i) omitted (24.8.2005 for E. and otherwise prosp.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(2)(a), 121 (with ss. 51(6), 111); S.I. 2004/2081, art. 2 (subject to savings in art. 4)

F351Words in s. 92(2)(b)(ii) omitted (28.8.2005 for E. and otherwise prosp.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(2)(b), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F352Words in s. 92(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 36(3), 58(2)(b)(4)(b)

F353S. 92(3A)-(3E) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 36(4), 58(2)(b)(4)(b)

F354Words in s. 92(4) omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 36(5), 58(2)(b)(4)(b)

F355Words in s. 92(4) omitted (24.8.2005 for E. and otherwise prosp.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(2)(c), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F356Words in s. 92(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 36(6), 58(2)(b)(4)(b)

Modifications etc. (not altering text)

C130S. 92: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

93 Provisions supplementary to ss. 91 and 92.E+W

(1)The authority referred to in section 91(1)(b) or 92(4) is—

(a)the local planning authority[F357, the Welsh Ministers] or the Secretary of State, in the case of planning permission granted by them,

(b)in the case of planning permission deemed to be granted under section 90(1), the department on whose direction planning permission is deemed to be granted, and

(c)in the case of planning permission deemed to be granted under section 90(2), the Secretary of State.

(2)For the purposes of section 92, a reserved matter shall be treated as finally approved—

(a)when an application for approval is granted, or

(b)in a case where the application is made to the local planning authority and on an appeal to the Secretary of State against the authority’s decision on the application the Secretary of State grants the approval, when the appeal is determined.

(3)Where a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 91 or 92 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 78 against the decision of the authority.

(4)In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 91 or 92—

(a)development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission; and

(b)an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

Textual Amendments

F357Words in s. 93(1)(a) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 11

94 Termination of planning permission by reference to time limit: completion notices.E+W

(1)This section applies where—

(a)by virtue of section 91 or 92, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed; or

(b)development has been begun in accordance with planning permission under a simplified planning zone scheme but has not been completed by the time the area ceases to be a simplified planning zone; or

(c)development has been begun in accordance with planning permission under an enterprise zone scheme but has not been completed by the time the area ceases to be an enterprise zone [F358; or

(d)a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.]

(2)If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.

(3)The period so specified must not be less than 12 months after the notice takes effect.

(4)A completion notice shall be served—

(a)on the owner of the land,

(b)on the occupier of the land, and

(c)on any other person who in the opinion of the local planning authority will be affected by the notice.

(5)The local planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.

(6)If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.

Textual Amendments

F358S. 94(1)(d) and word inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 14; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Modifications etc. (not altering text)

C131S. 94 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 10(5)(6)

C132S. 94(2): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

95 Effect of completion notice.E+W

(1)A completion notice shall not take effect unless and until it is confirmed by the Secretary of State.

(2)In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

(3)If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the local planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4)If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 94(2) or a longer period substituted by the Secretary of State under subsection (2)).

(5)Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.

Modifications etc. (not altering text)

C133S. 95(2) modified (18.12.1996) by 1996 c. 61, s. 10(6)

96 Power of Secretary of State to serve completion notices.E+W

(1)If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land, he may himself serve such a notice.

(2)A completion notice served by the Secretary of State shall have the same effect as if it had been served by the local planning authority.

(3)The Secretary of State shall not serve such a notice without consulting the local planning authority.

[F359Non-material changes to planning permissionE+W

Textual Amendments

F359S. 96A and cross-heading inserted (1.10.2009) by Planning Act 2008 (c. 29), ss. 190(2), 241 (with s. 226); S.I. 2009/2260, art. 3

96APower to make non-material changes to planning permissionE+W

(1)A local planning authority F360... may make a change to any planning permission relating to land in their area if they are satisfied that the change is not material.

(2)In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted.

(3)The power conferred by subsection (1) includes power—

(a)to impose new conditions;

(b)to remove or alter existing conditions.

(4)The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission relates.

(5)An application under subsection (4) [F361to a local planning authority in England] must be made in the form and manner prescribed by development order.

[F362(5A)A development order may provide that an application under subsection (4) to a local planning authority in Wales must be made—

(a)in the form prescribed by the order or in a form published by the Welsh Ministers; and

(b)in the manner prescribed by the order.]

(6)Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission relates.

(7)The application may be made only in respect of so much of the planning permission as affects the land in which the person has an interest.

(8)A local planning authority [F363in England] must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).]

[F364(9)A development order may make provision about how a local planning authority in Wales are to deal with an application under subsection (4) (including provision imposing requirements as to consultation and publicity and as to when steps specified in the order are to be taken).

(10)For the purposes of this section as it applies in relation to Wales, a person has an interest in land only if in relation to that land (or any mineral in, on or under it) the person—

(a)is the estate owner of the fee simple;

(b)is entitled to a tenancy granted or extended for a term of years certain of which not less than two years remain unexpired;

(c)is the mortgagee of any interest or estate in the land; or

(d)is a party to an estate contract within the meaning of section 2(4) of the Land Charges Act 1972.]

Textual Amendments

Revocation and modification of planning permissionE+W

97 Power to revoke or modify planning permission.E+W

(1)If it appears to the local planning authority that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part, the authority may by order revoke or modify the permission to such extent as they consider expedient.

(2)In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.

(3)The power conferred by this section may be exercised—

(a)where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;

(b)where the permission relates to a change of the use of any land, at any time before the change has taken place.

(4)The revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.

(5)References in this section to the local planning authority are to be construed in relation to development consisting of the winning and working of minerals as references to the mineral planning authority, F365. . ..

F366[(6)Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development—

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of refuse or waste materials.]

Textual Amendments

98 Procedure for s. 97 orders: opposed cases.E+W

(1)Except as provided in section 99, an order under section 97 shall not take effect unless it is confirmed by the Secretary of State.

(2)Where a local planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—

(a)the owner of the land affected,

(b)the occupier of the land affected, and

(c)any other person who in their opinion will be affected by the order.

(3)The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4)If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the local planning authority.

(5)The period referred to in subsection (3) must not be less than 28 days from the service of the notice.

(6)The Secretary of State may confirm an order submitted to him under this section either without modification or subject to such modifications as he considers expedient.

99 Procedure for s. 97 orders: unopposed cases.E+W

(1)This section applies where—

(a)the local planning authority have made an order under section 97; and

(b)the owner and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to it.

(2)Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—

(a)the period within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and

(b)the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.

(3)The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).

(4)The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.

(5)The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).

(6)The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than three days after the publication.

(7)If—

(a)no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and

(b)the Secretary of State has not directed within that period that the order be submitted to him for confirmation,

the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 98(1).

(8)This section does not apply—

(a)to an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State [F367or the Welsh Ministers] under this Part or Part VII, or

(b)to an order modifying any conditions to which a planning permission is subject by virtue of section 91 or 92.

Textual Amendments

F367Words in s. 99(8)(a) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 12

100 Revocation and modification of planning permission by the Secretary of State.E+W

(1)If it appears to the Secretary of State that it is expedient that an order should be made under section 97, he may himself make such an order.

(2)Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.

(3)The Secretary of State shall not make such an order without consulting the local planning authority.

(4)Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.

(5)The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6)If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.

(7)The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 97 and its confirmation by the Secretary of State shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order and its making by him.

F368[(8)Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.]

Textual Amendments

[F369Consultation etc in respect of certain applications relating to planning permission: WalesE+W

Textual Amendments

F369S. 100A and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 37, 58(2)(b)(4)(b)

100AWales: consultation etc in respect of certain applications relating to planning permissionE+W

(1)A development order may provide that a local planning authority in Wales to which an application within subsection (5) (a “relevant application”) is made are not to determine the application before the end of a period specified in the order.

(2)If a local planning authority in Wales to which a relevant application is made consult a statutory consultee about the application, the consultee must give a substantive response.

(3)That response must be given before the end of—

(a)a period specified in a development order, or

(b)if the consultee and the authority agree otherwise in writing, whatever period is specified in their agreement.

(4)A development order may make provision—

(a)about information that is to be provided by a local planning authority to a statutory consultee for the purposes of, or in connection with, consultation about a relevant application;

(b)about the requirements of a substantive response;

(c)requiring a statutory consultee consulted about a relevant application to give a report to the Welsh Ministers about the consultee's compliance with subsections (2) and (3) (including provision as to the form and content of the report, and the time at which it is to be made).

(5)An application is within this subsection if it is—

(a)an application for approval of reserved matters (within the meaning of section 92);

(b)an application for any other consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted;

(c)an application under section 96A(4) (non-material changes to planning permission).

(6)References in this section to a statutory consultee, in relation to a relevant application, are to a person whom, by virtue of section 71 or section 74, the local planning authority was required to consult before determining the original application.

(7)The original application, in relation to a relevant application, is—

(a)in the case of an application within subsection (5)(a) or (b), the application for the planning permission in accordance with which the application for approval, consent or agreement is made;

(b)in the case of an application within subsection (5)(c), the application for the planning permission to which the application under section 96A(4) relates.]

References to Planning Inquiry CommissionE+W

101 Power to refer certain planning questions to Planning Inquiry Commission.E+W

(1)The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3).

(2)The matters that may be referred to a Planning Inquiry Commission are—

(a)an application for planning permission which the Secretary of State has under section 77 directed to be referred to him instead of being dealt with by a local planning authority;

(b)an appeal under section 78 (including that section as applied by or under any other provision of this Act);

(c)a proposal that a government department should give a direction under section 90(1) that planning permission shall be deemed to be granted for development by a local authority [F370or National Park authority] or by statutory undertakers which is required by any enactment to be authorised by that department;

(d)a proposal that development should be carried out by or on behalf of a government department.

(3)Any of those matters may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—

(a)that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose;

(b)that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.

(4)Part I of Schedule 8 shall have effect as respects the constitution of any such commission and its functions and procedure on references to it under this section, and the references in subsection (3) and in that Schedule to “the responsible Minister or Ministers” shall be construed in accordance with Part II of that Schedule.

(5)In relation to any matter affecting both England and Wales, the functions of the Secretary of State under subsection (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly.

Textual Amendments

F370Words in s. 101(2)(c) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

Other controls over developmentE+W

102 Orders requiring discontinuance of use or alteration or removal of buildings or works.E+W

(1)If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—

(a)that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or

(b)that any buildings or works should be altered or removed,

they may by order—

(i)require the discontinuance of that use, or

(ii)impose such conditions as may be specified in the order on the continuance of it, or

(iii)require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,

as the case may be.

(2)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order.

[F371(2A)Section 71ZA applies where planning permission is granted by an order under this section as if the references to the decision notice were to the order.]

(3)Section 97 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the local planning authority on an application made under this Part.

F372[(4)The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103.

(5)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

(6)Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

(7)Subject to section 103(8), in the case of planning permission granted by an order under this section, the authority referred to in sections 91(1)(b) and 92(4) is the local planning authority making the order.

(8)The previous provisions of this section do not apply to the use of any land for development [F373consisting of the winning and working of minerals or involving the depositing of refuse or waste materials] except as provided in Schedule 9, and that Schedule shall have effect for the purpose of making provision as respects land which is or has been so used.

Textual Amendments

F371S. 102(2A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 33(4), 58(2)(b)(4)(b)

F373Words in s. 102(8) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 6 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

Modifications etc. (not altering text)

C134S. 102: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

103 Confirmation by Secretary of State of s. 102 orders.E+W

(1)An order under section 102 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(2)The power of the Secretary of State under this section to confirm an order subject to modifications includes power—

(a)to modify any provision of the order granting planning permission, as mentioned in subsections (2) to (5) of section 102;

(b)to include in the order any grant of planning permission which might have been included in the order as submitted to him.

(3)Where a local planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—

(a)on the owner of the land affected,

(b)on the occupier of that land, and

(c)on any other person who in their opinion will be affected by the order.

(4)The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)If within that period such a person so requires, before the Secretary of State confirms the order, he shall give such an opportunity both to him and to the local planning authority.

(6)The period referred to in subsection (4) must not be less than 28 days from the service of the notice.

(7)Where an order under section 102 has been confirmed by the Secretary of State, the local planning authority shall serve a copy of the order on the owner and occupier of the land to which the order relates.

(8)Where the Secretary of State exercises his powers under subsection (2) in confirming an order granting planning permission, he is the authority referred to in sections 91(1)(b) and 92(4).

104 Power of the Secretary of State to make s. 102 orders.E+W

(1)If it appears to the Secretary of State that it is expedient that an order should be made under section 102, he may himself make such an order.

(2)Such an order made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.

(3)The Secretary of State shall not make such an order without consulting the local planning authority.

(4)Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.

(5)The notice shall specify the period within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6)If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.

(7)The period referred to in subsection (5) must not be less than 28 days from the date of the service of the notice.

(8)The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 102, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.

F374105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F374S. 105 repealed (1.11.1995) by 1995 c. 25, ss. 96(4), 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

[106F375 Planning obligations.E+W

(1) Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A [F376to 106C] as “ a planning obligation ”), enforceable to the extent mentioned in subsection (3)—

(a)restricting the development or use of the land in any specified way;

(b)requiring specified operations or activities to be carried out in, on, under or over the land;

(c)requiring the land to be used in any specified way; or

(d)requiring a sum or sums to be paid to the authority [F377(or, in a case where section 2E applies, to the Greater London Authority)] on a specified date or dates or periodically.

[F378(1A)In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.]

(2)A planning obligation may—

(a)be unconditional or subject to conditions;

(b)impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and

(c)if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the obligation is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period.

(3)Subject to subsection (4) a planning obligation is enforceable by the authority identified in accordance with subsection (9)(d)—

(a)against the person entering into the obligation; and

(b)against any person deriving title from that person.

(4)The instrument by which a planning obligation is entered into may provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land.

(5)A restriction or requirement imposed under a planning obligation is enforceable by injunction.

(6)Without prejudice to subsection (5), if there is a breach of a requirement in a planning obligation to carry out any operations in, on, under or over the land to which the obligation relates, the authority by whom the obligation is enforceable may—

(a)enter the land and carry out the operations; and

(b)recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so.

(7)Before an authority exercise their power under subsection (6)(a) they shall give not less than twenty-one days’ notice of their intention to do so to any person against whom the planning obligation is enforceable.

(8)Any person who wilfully obstructs a person acting in the exercise of a power under subsection (6)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)A planning obligation may not be entered into except by an instrument executed as a deed which—

(a)states that the obligation is a planning obligation for the purposes of this section;

[F379(aa)if the obligation is a development consent obligation, contains a statement to that effect;]

(b)identifies the land in which the person entering into the obligation is interested;

(c)identifies the person entering into the obligation and states what his interest in the land is; and

(d)identifies the local planning authority by whom the obligation is enforceable. [F380and, in a case where section 2E applies, identifies the Mayor of London as an authority by whom the obligation is also enforceable]

(10)A copy of any such instrument shall be given to the [F381authority so identified ][F381local planning authority so identified and, in a case where section 2E applies, to the Mayor of London] .

(11)A planning obligation shall be a local land charge and for the purposes of the M44Local Land Charges Act 1975 the authority by whom the obligation is enforceable shall be treated as the originating authority as respects such a charge.

(12)Regulations may provide for the charging on the land of—

(a)any sum or sums required to be paid under a planning obligation; and

(b)any expenses recoverable by a local planning authority [F382or the Mayor of London] under subsection (6)(b),

and this section and sections 106A [F383to 106BC] shall have effect subject to any such regulations.

(13) In this section “ specified ” means specified in the instrument by which the planning obligation is entered into and in this section and section 106A “ land ” has the same meaning as in the M45 Local Land Charges Act 1975.

[F384(14) In this section and section 106A “ development consent obligation ” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent. ]]

Textual Amendments

F375Ss. 106-106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1) (with s. 84(5)); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art. 2; S.I. 1992/2831, art. 2

F376Words in s. 106(1) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 3(2)

F377Words in s. 106(1)(d) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(2), 59; S.I. 2008/582, art. 2(a)

F378S. 106(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(2)(a), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)

F379S. 106(9)(aa) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(2)(b), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)

F380Words in s. 106(9)(d) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(3), 59; S.I. 2008/582, art. 2(a)

F381Words in s. 106(10) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(4), 59; S.I. 2008/582, art. 2(a)

F382Words in s. 106(12)(b) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(5), 59; S.I. 2008/582, art. 2(a)

F383Words in s. 106(12) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 3(3)

F384S. 106(14) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(2)(c), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)

Modifications etc. (not altering text)

C136S. 106: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

[F385106A Modification and discharge of planning obligations.E+W

(1)A planning obligation may not be modified or discharged except—

(a)by agreement between [F386the authority by whom the obligation is enforceable] [F386the appropriate authority (see subsection (11))] and the person or persons against whom the obligation is enforceable; or

(b)in accordance with [F387—

(i)]this section and section 106B [F388, or

(ii)sections 106BA and 106BC.]

(2)An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.

(3)A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to [F389the local planning authority by whom the obligation is enforceable] [F389the appropriate authority] for the obligation—

(a)to have effect subject to such modifications as may be specified in the application; or

(b)to be discharged.

(4) In subsection (3) “ the relevant period ” means—

(a)such period as may be prescribed; or

(b)if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.

(5)An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.

(6)Where an application is made to an authority under subsection (3), the authority may determine—

(a)that the planning obligation shall continue to have effect without modification;

(b)if the obligation no longer serves a useful purpose, that it shall be discharged; or

(c)if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.

(7)The authority shall give notice of their determination to the applicant within such period as may be prescribed.

(8)Where an authority determine [F390under this section] that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.

(9)Regulations may make provision with respect to—

(a)the form and content of applications under subsection (3);

(b)the publication of notices of such applications;

(c)the procedures for considering any representations made with respect to such applications; and

(d)the notices to be given to applicants of determinations under subsection (6).

(10)Section 84 of the M46Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.

[F391(11) In this section “ the appropriate authority ” means—

(a)the Mayor of London, in the case of any planning obligation enforceable by him;

[F392(aa)the Secretary of State, in the case of any development consent obligation F393...;

F394(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)in the case of any other planning obligation, the local planning authority by whom it is enforceable.

(12)The Mayor of London must consult the local planning authority before exercising any function under this section.]]

Textual Amendments

F385S. 106- 106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art. 2; S.I. 1992/2831, art. 2

F386Words in s. 106A(1)(a) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(2), 59; S.I. 2008/582, art. 2(a)

F389Words in s. 106A(3) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(3), 59; S.I. 2008/582, art. 2(a)

F390Words in s. 106A(8) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 4(3)

F392S. 106A(11)(aa)(ab) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(3), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)

Marginal Citations

106BF395Appeals [F396in relation to applications under section 106A].E+W

(1)Where [F397an authority]—[F398 (other than the Secretary of State F399...)]

(a)fail to give notice as mentioned in section 106A(7); or

(b)determine [F400under section 106A] that a planning obligation shall continue to have effect without modification,

the applicant may appeal to the Secretary of State.

(2)For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.

(3)An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.

(4)Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.

(5)Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6)The determination of an appeal by the Secretary of State under this section shall be final.

(7)Schedule 6 applies to appeals under this section.

[F401(8)In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.]

Textual Amendments

F395Ss. 106-106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art.2; S.I. 1992/2831, art. 2

F396Words in s. 106B heading inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 5(2)

F397Words in s. 106B(1) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(6), 59; S.I. 2008/582, art. 2(a)

F398Words in s. 106B(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(4), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)

F400Words in s. 106B(1)(b) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 5(3)

[F402106BAModification or discharge of affordable housing requirementsE+W

(1)This section applies in relation to an English planning obligation that contains an affordable housing requirement.

(2)A person against whom the affordable housing requirement is enforceable may apply to the appropriate authority—

(a)for the requirement to have effect subject to modifications,

(b)for the requirement to be replaced with a different affordable housing requirement,

(c)for the requirement to be removed from the planning obligation, or

(d)in a case where the planning obligation consists solely of one or more affordable housing requirements, for the planning obligation to be discharged.

(3)Where an application is made to an authority under subsection (2) and is the first such application in relation to the planning obligation—

(a)if the affordable housing requirement means that the development is not economically viable, the authority must deal with the application in accordance with subsection (5) so that the development becomes economically viable, or

(b)if paragraph (a) does not apply, the authority must determine that the affordable housing requirement is to continue to have effect without modification or replacement.

(4)Where an application is made to an authority under subsection (2) and is the second or a subsequent such application in relation to the planning obligation, the authority may—

(a)deal with the application in accordance with subsection (5), or

(b)determine that the affordable housing requirement is to continue to have effect without modification or replacement.

(5)The authority may—

(a)determine that the requirement is to have effect subject to modifications,

(b)determine that the requirement is to be replaced with a different affordable housing requirement,

(c)determine that the planning obligation is to be modified to remove the requirement, or

(d)where the planning obligation consists solely of one or more affordable housing requirements, determine that the planning obligation is to be discharged.

(6)A determination under subsection (5)(a), (b) or (c)—

(a)may provide for the planning obligation to be modified in accordance with the application or in some other way,

(b)may not have the effect that the obligation as modified is more onerous in its application to the applicant than in its unmodified form, and

(c)may not have the effect that an obligation is imposed on a person other than the applicant or that the obligation as modified is more onerous in its application to such a person than in its unmodified form.

(7)Subsection (6)(b) does not apply to a determination in response to the second or a subsequent application under this section in relation to the planning obligation; but such a determination may not have the effect that the development becomes economically unviable.

(8)In making a determination under this section the authority must have regard to—

(a)guidance issued by the Secretary of State, and

(b)where the determination relates to an application to which section 106BB applies, any representations made by the Mayor of London in accordance with that section.

(9)The authority must give notice of their determination to the applicant—

(a)within such period as may be prescribed by the Secretary of State, or

(b)if no period is prescribed under paragraph (a) (and subject to section 106BB(5)), within the period of 28 days beginning with the day on which the application is received, or such longer period as is agreed in writing between the applicant and the authority.

(10)Where an authority determine under this section that a planning obligation is to have effect subject to modifications, the obligation as modified is to be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.

(11)The Secretary of State may by regulations make provision with respect to—

(a)the form and content of applications under subsection (2), and

(b)the notices to be given to applicants of determinations under subsection (9).

(12)This section and section 106BC do not apply in relation to an English planning obligation if planning permission for the development was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites.

(13)In this section and section 106BC—

(14)The Secretary of State may by order amend this section so as to modify the definition of “affordable housing requirement” in subsection (13).

(15)An order under subsection (14) may have effect for the purposes of planning obligations entered into before (as well as after) its coming into force.

(16)The Mayor of London must consult the local planning authority before exercising any function under this section.

Textual Amendments

F402Ss. 106BA-106BC inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 7(1), 35(2) (with s. 7(3)-(5))

106BBDuty to notify the Mayor of London of certain applications under section 106BAE+W

(1)This section applies to an application under section 106BA(2) in relation to a planning obligation where—

(a)the application for the planning permission to which the planning obligation relates was an application to which section 2A applied (applications of potential strategic importance relating to land in Greater London),

(b)the application for planning permission was not determined by the Mayor of London, and

(c)pursuant to an order under section 2A or a development order, the local planning authority that determined the application for planning permission were required to consult the Mayor of London in relation to that determination.

(2)A local planning authority that receive an application to which this section applies must send a copy of the application to the Mayor of London before the end of the next working day following the day on which the application was received.

In this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(3)The Mayor of London must notify the local planning authority before the end of the period of 7 days beginning with the day on which the application was received by the authority whether the Mayor intends to make representations about the application.

(4)Where pursuant to subsection (3) the Mayor of London notifies the local planning authority that the Mayor intends to make representations, those representations must be made before—

(a)the end of the period of 14 days beginning with the day on which the application was received by the authority, or

(b)the end of such longer period as may be agreed in writing between the authority and the Mayor.

(5)Where this section applies, section 106BA(9)(b) applies as if it required an authority to give notice of their determination to an applicant within—

(a)the period of 35 days beginning with the day on which the application was received by the authority, or

(b)such longer period as is agreed in writing between the applicant and the authority.

Textual Amendments

F402Ss. 106BA-106BC inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 7(1), 35(2) (with s. 7(3)-(5))

106BCAppeals in relation to applications under section 106BAE+W

(1)Where an authority other than the Secretary of State—

(a)fail to give notice as mentioned in section 106BA(9),

(b)determine under section 106BA that a planning obligation is to continue to have effect without modification, or

(c)determine under that section that a planning obligation is to be modified otherwise than in accordance with an application under that section,

the applicant may appeal to the Secretary of State.

(2)For the purposes of an appeal under subsection (1)(a), it is to be assumed that the authority have determined that the planning obligation is to continue to have effect without modification.

(3)An appeal under this section must be made by notice served within such period as may be prescribed by the Secretary of State.

(4)If no period is prescribed under subsection (3), an appeal under this section must be made—

(a)in relation to an appeal under subsection (1)(a), within the period of 6 months beginning with the expiry of the period mentioned in section 106BA(9) that applies in the applicant's case, or

(b)otherwise, within the period of 6 months beginning with the date on which notice of the determination is given to the applicant under section 106BA(9).

(5)An appeal under this section must be made by notice served in such manner as may be prescribed by the Secretary of State.

(6)Subsections (3) to (8), (10) and (11) of section 106BA apply in relation to an appeal under this section as they apply in relation to an application to an authority under that section, subject to subsections (7) to (15) below.

(7)References to the affordable housing requirement or the planning obligation are to the requirement or obligation as it stood immediately before the application under section 106BA to which the appeal relates.

(8)References to the first, the second or a subsequent application in relation to a planning obligation are to an appeal under this section against a determination on the first, the second or a subsequent application in relation to the obligation (whether or not it is the first such appeal).

(9)Section 106BA(5)(d) (discharge of affordable housing requirement) does not apply in relation to an appeal under this section.

(10)Subsection (11) applies if, on an appeal under this section, the Secretary of State—

(a)does not uphold the determination under section 106BA to which the appeal relates (if such a determination has been made), and

(b)determines that the planning obligation is to be modified in accordance with section 106BA(5)(a), (b) or (c).

(11)The Secretary of State must also determine that the planning obligation is to be modified so that it provides that, if the development has not been completed before the end of the relevant period, the obligation is treated as containing the affordable housing requirement or requirements it contained immediately before the first application under section 106BA in relation to the obligation, subject to the modifications within subsection (12).

(12)Those modifications are—

(a)the modifications necessary to ensure that, if the development has been commenced before the end of the relevant period, the requirement or requirements apply only in relation to the part of the development that is not commenced before the end of that period, and

(b)such other modifications as the Secretary of State considers necessary or expedient to ensure the effectiveness of the requirement or requirements at the end of that period.

(13)In subsections (11) and (12) “relevant period” means the period of three years beginning with the date when the applicant is notified of the determination on the appeal.

(14)Section 106BA and this section apply in relation to a planning obligation containing a provision within subsection (11) as if—

(a)the provision were an affordable housing requirement, and

(b)a person against whom the obligation is enforceable were a person against whom that requirement is enforceable.

(15)If subsection (11) applies on an appeal relating to a planning obligation that already contains a provision within that subsection—

(a)the existing provision within subsection (11) ceases to have effect, but

(b)that subsection applies again to the obligation.

(16)The determination of an appeal by the Secretary of State under this section is to be final.

(17)Schedule 6 applies to appeals under this section.

(18)In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.]

Textual Amendments

F402Ss. 106BA-106BC inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 7(1), 35(2) (with s. 7(3)-(5))

106CLegal challenges relating to development consent obligationsE+W

(1)A court may entertain proceedings for questioning a failure by the Secretary of State F403... to give notice as mentioned in section 106A(7) [F404or 106BA(9)] only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed [F405before the end of] the period of 6 weeks beginning with [F406the day after] the day on which the period prescribed under section 106A(7) [F404or 106BA(9)] ends.

[F407(1A)If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with [F408the day after] the expiry of the period mentioned in that subsection that applies in the applicant's case.]

(2)A court may entertain proceedings for questioning a determination by the Secretary of State F403... that a planning obligation shall continue to have effect without modification only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed [F409before the end of] the period of 6 weeks beginning with [F410the day after] the day on which notice of the determination is given under section 106A(7) [F411or 106BA(9)].

[F412(3)A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed [F413before the end of] the period of 6 weeks beginning with [F414the day after] the day on which notice of the determination is given under section 106BA(9).]

Textual Amendments

F404Words in s. 106C(1) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(2)

F411Words in s. 106C(2) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(4)

Part IVE+W Compensation for Effects of Certain Orders, Notices, etc.

Modifications etc. (not altering text)

C142Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Compensation for revocation of planning permission, etc.E+W

107 Compensation where planning permission revoked or modified.E+W

(1)Subject to section 116, where planning permission is revoked or modified by an order under section 97, then if, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the land or in minerals in, on or under it—

(a)has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or

(b)has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the local planning authority shall pay that person compensation in respect of that expenditure, loss or damage.

(2)For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to it, shall be taken to be included in the expenditure incurred in carrying out that work.

(3)Subject to subsection (2), no compensation shall be paid under this section in respect—

(a)of any work carried out before the grant of the permission which is revoked or modified, or

(b)of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission (other than loss or damage consisting of depreciation of the value of an interest in land).

(4)In calculating for the purposes of this section the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted [F415—

(a)subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3;

(b)for any development of a class specified in paragraph 2 of Schedule 3.]

(5)In this Part any reference to an order under section 97 includes a reference to an order under the provisions of that section as applied by section 102(3) (or, subject to section 116, by paragraph [F4161(3)] of Schedule 9).

Textual Amendments

F415S. 107(4)(a)(b) substituted (25.7.1991 with effect or to be treated as having effect, in relation to claims made on or after 16.11.1990) for the words "for any development of the land of any class specified in Schedule 3" by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(4), Sch 6 para. 13(1)(2)

F416Words in s. 107(5) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.8 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Modifications etc. (not altering text)

C147S. 107 applied (with modifications) (3.11.1995) by S.I. 1995/2863, reg. 3, Sch.

F417108 Compensation for refusal or conditional grant of planning permission formerly granted by development order [F417, local development order or neighbourhood development order].E+W

(1)Where—

(a)planning permission granted by a development order [F418, a local development order or a neighbourhood development order] is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and

(b)on an application made under Part III [F419or section 293A] planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,

section 107 shall apply as if the planning permission granted by the development order [F420, the local development order or the neighbourhood development order]—

(i)had been granted by the local planning authority under Part III [F421or section 293A]; and

(ii)had been revoked or modified by an order under section 97.

(2)Where planning permission granted by a development order [F422, a local development order or a neighbourhood development order] is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.

[F423(2A)Where—

(a)planning permission granted by a development order for development [F424in England] of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or

(b)planning permission granted by a local development order for development [F425in England] is withdrawn by the issue of directions under powers conferred by the order,

this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.]

(3)This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

[F426(3B)This section does not apply if—

(a)in the case of planning permission granted by a development order, the condition in subsection (3C) is met;

(b)in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.

[F427(c)in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.]

(3C)The condition referred to in subsection (3B)(a) is that—

(a)the planning permission is granted for development [F428in England] of a prescribed description,

(b)the planning permission is withdrawn in the prescribed manner,

(c)notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and

(d)either—

(i)the development authorised by the development order had not started before the notice was published, or

(ii)the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

(3D)The condition referred to in subsection (3B)(b) is that—

(a)[F429the planning permission is granted for development in England,]

(b)the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,

(c)notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and

(d)either—

(i)the development authorised by the local development order had not started before the notice was published, or

(ii)the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.]

[F430(3E)The condition referred to in subsection (3B)(c) is that—

(a)the planning permission is withdrawn by the revocation of the neighbourhood development order,

(b)notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

(c)either—

(i)the development authorised by the neighbourhood development order had not begun before the notice was published, or

(ii)section 61L(7) applies in relation to the development.]

[F431(3F)This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.]

[F432(4)Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order [F433or a local development order] for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.]

[F434(5)Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.

(6)In this section “prescribed” means prescribed by regulations made by the Secretary of State [F435in relation to England and the Welsh Ministers in relation to Wales,]]

Textual Amendments

F417Words in s. 108 title substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(6); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F418Words in s. 108(1)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(2)(a); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F420Words in s. 108(1) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(2)(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F422Words in s. 108(2) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F423S. 108(2A) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 189(2), 241 (with s. 226); S.I. 2010/566, art. 3(a) (with art. 4)

F426S. 108(3B)-(3D) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 189(3), 241 (with s. 226); S.I. 2010/566, art. 3(a) (with art. 4)

F427S. 108(3B)(c) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(4); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F430S. 108(3E) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(5); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F433Words in s. 108 inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(2)(h) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

F434S. 108(5)(6) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 189(4), 241 (with s. 226); S.I. 2010/566, art. 3(a) (with art. 4)

Modifications etc. (not altering text)

C149S. 108(3F) transitional provisions for effects of 2003 c. 24, s. 63, Sch. 17 paras. 1-6 (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 5(4)(b)

109 Apportionment of compensation for depreciation.E+W

(1)Where compensation becomes payable under section 107 which includes compensation for depreciation of an amount exceeding £20, the local planning authority—

(a)if it appears to them to be practicable to do so, shall apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates; and

(b)shall give particulars of any such apportionment to the claimant and to any other person entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.

(2)In carrying out an apportionment under subsection (1)(a), the local planning authority shall divide the land into parts and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order or, in a case falling within section 108, the relevant planning decision, in consequence of which the compensation is payable.

(3)Regulations under this section shall make provision, subject to subsection (4)—

(a)for enabling the claimant and any other person to whom particulars of an apportionment have been given under subsection (1), or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the [F436Upper Tribunal];

(b)for enabling the claimant and every other person to whom particulars of any such apportionment have been so given to be heard by the Tribunal on any reference under this section of that apportionment; and

(c)for requiring the Tribunal, on any such reference, either to confirm or to vary the apportionment and to notify the parties of the decision of the Tribunal.

(4)Where on a reference to the [F436Upper Tribunal] under this section it is shown that an apportionment—

(a)relates wholly or partly to the same matters as a previous apportionment, and

(b)is consistent with that previous apportionment in so far as it relates to those matters,

the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

(5)On a reference to the [F436Upper Tribunal] by virtue of subsection (3), subsections (1) and (2), so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the local planning authority, of references to the [F436Upper Tribunal].

(6)In this section and [F437section 110]—

Textual Amendments

F437Words in s. 109(6) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para.14 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F438Words in s. 109(6) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 16; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

110 Registration of compensation for depreciation.E+W

(1)Where compensation becomes payable under section 107 which includes compensation for depreciation of an amount exceeding £20, the local planning authority shall give notice to the Secretary of State that such compensation has become payable, specifying the amount of the compensation for depreciation and any apportionment of it under section 109.

(2)Where the Secretary of State is given such notice he shall cause notice of that fact to be deposited—

(a)with the council of the district [F439, Welsh county, county borough] or London borough in which the land is situated, and

(b)if that council is not the local planning authority, with the local planning authority.

(3)Notices deposited under this section must specify—

(a)the order, or in a case falling within section 108 the relevant planning decision, and the land to which the claim for compensation relates; and

(b)the amount of compensation and any apportionment of it under section 109.

(4)Notices deposited under this section shall be local land charges, and for the purposes of the M47Local Land Charges Act 1975 the council with whom any such notice is deposited shall be treated as the originating authority as respects the charge constituted by it.

(5)In relation to compensation specified in a notice registered under this section, references in this Part to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed as follows—

(a)if the notice does not include an apportionment under section 109, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;

(b)if the notice includes such an apportionment—

(i)the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and

(ii)so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

111 Recovery of compensation under s. 107 on subsequent development.E+W

(1)No person shall carry out any F440. . .development to which this section applies on land in respect of which a notice (“a compensation notice”) is registered under section 110 until any amount which is recoverable under this section in accordance with section 112 in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.

(2)Subject to subsections (3) [F441to (5)], this section applies to any F440. . .development—

(a)which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination of them; or

(b)which consists in the winning and working of minerals; or

(c)to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.

(3)This section shall not apply to any development by virtue of subsection (2)(c) if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply to it.

(4)Where the compensation under section 107 specified in the notice registered under section 110 became payable in respect of an order modifying planning permission or, in a case falling within section 108, of a relevant planning decision (within the meaning of section 109) granting conditional planning permission, this section shall not apply to development in accordance with that permission as modified by the order or, as the case may be, in accordance with those conditions.

[F442(5)This section does not apply to any development—

(a)of a class specified in paragraph 1 of Schedule 3 which is carried out in accordance with the condition set out in Schedule 10; or

(b)of a class specified in paragraph 2 of Schedule 3.]

Textual Amendments

F441Words in s. 111(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 15(b) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

112 Amount recoverable under s. 111 and provisions for payment or remission of it.E+W

(1)Subject to the following provisions of this section, the amount recoverable under section 111 in respect of the compensation specified in a notice registered under section 110—

(a)if the land on which the development is to be carried out (“the development area”) is identical with, or includes (with other land) the whole of, the land comprised in the notice, shall be the amount of compensation specified in the notice;

(b)if the development area forms part of the land comprised in the notice, or includes part of that land together with other land not comprised in the notice, shall be so much of the amount of the compensation specified in the notice as is attributable to land comprised in the notice and falling within the development area.

(2)Where, in the case of any land in respect of which such a notice has been so registered, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under section 111.

(3)Where part only of any such amount has been remitted in respect of any land, the Secretary of State shall cause the notice registered under section 110 to be amended by substituting in it, for the statement of the amount of the compensation, in so far as it is attributable to that land, a statement of the amount which has been remitted under subsection (2).

(4)Where, in connection with the development of any land, an amount becomes recoverable under section 111 in respect of the compensation specified in such a notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2), no amount shall be recoverable under that section in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development of it.

(5)No amount shall be recoverable under section 111 in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 308.

(6)An amount recoverable under section 111 in respect of any compensation shall be payable to the Secretary of State either—

(a)as a single capital payment, or

(b)as a series of instalments of capital and interest combined, or

(c)as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct.

(7)Before giving a direction under subsection (6)(c) the Secretary of State shall take into account any representations made by the person by whom the development is to be carried out.

(8)Except where the amount payable under subsection (6) is payable as a single capital payment, it shall be secured by the person by whom the development is to be carried out in such manner (whether by mortgage, covenant or otherwise) as the Secretary of State may direct.

(9)If any person initiates any F443. . . development to which section 111 applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him—

(a)specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and

(b)requiring him to pay that amount to the Secretary of State within such period as may be specified in the notice.

(10)The period specified under subsection (9)(b) must not be less than three months after the service of the notice.

(11)Subject to subsection (12), any sum recovered by the Secretary of State under section 111 shall be paid to the local planning authority who paid the compensation to which that sum relates.

(12)Subject to subsection (13), in paying any such sum to the local planning authority, the Secretary of State shall deduct from it—

F444(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the amount of any grant paid by him under Part XIV in respect of that compensation.

(13)If the sum recovered by the Secretary of State under section 111—

(a)is an instalment of the total sum recoverable, or

(b)is recovered by reference to development of part of the land in respect of which the compensation was payable,

any deduction to be made under F445. . .subsection (12) shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that paragraph.

Textual Amendments

F446113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Compensation for other planning decisionsE+W

F447114 Compensation for planning decisions restricting development other than new development.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F447S. 114 repealed (25.7.1991 with effect or to be treated as having had effect, where the application for planning permission was made on or after 16.11.1990) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(2)(7), 84(2)(4)(6), Sch. 19 Pt. II (with s. 84(5))

115 Compensation in respect of orders under s. 102, etc.E+W

(1)This section shall have effect where an order is made under section 102—

(a)requiring a use of land to be discontinued,

(b)imposing conditions on the continuance of it, or

(c)requiring any buildings or works on land to be altered or removed.

(2)If, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that any person has suffered damage in consequence of the order—

(a)by depreciation of the value of an interest to which he is entitled in the land or in minerals in, on or under it, or

(b)by being disturbed in his enjoyment of the land or of such minerals,

that authority shall pay to that person compensation in respect of that damage.

(3)Without prejudice to subsection (2), any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the local planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.

(4)Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

(5)Subject to section 116, this section applies where such an order as is mentioned in subsection (6) is made as it applies where an order is made under section 102.

(6)The orders referred to in subsection (5) are an order under paragraph 1 of Schedule 9—

(a)requiring a use of land to be discontinued, or

(b)imposing conditions on the continuance of it, or

(c)requiring any buildings or works or plant or machinery on land to be altered or removed,

or an order under paragraph 3, 5 or 6 of that Schedule.

Modifications etc. (not altering text)

C151S. 115 applied (with modifications) (25.3.1997) by S.I. 1997/1111, reg. 5(1)(3)

[F448116 Modification of compensation provisions in respect of mineral working etc.E+W

(1)Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under—

(a)section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(b)paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,

sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2)Any such regulations may make provision—

(a)as to circumstances in which compensation is not to be payable;

(b)for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

(c)for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases and incidental or supplementary provision.

(3)No such regulations shall be made [F449by the Secretary of State] unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(4)Before making any such regulations the Secretary of State [F450or (as the case may be) the Welsh Ministers] shall consult such persons as appear to him [F451or them] to be representative—

(a)of persons carrying out mining operations;

(b)of owners of interests in land containing minerals; and

(c)of mineral planning authorities.]

Textual Amendments

Modifications etc. (not altering text)

C152S. 116 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(6) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 116 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(6) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

General and supplemental provisionsE+W

117 General provisions as to compensation for depreciation under Part IV. E+W

(1)For the purpose of assessing any compensation to which this section applies, the rules set out in section 5 of the M48Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(2)Subject to regulations [F452by virtue of section 116], this section applies to any compensation which under the provisions of this Part is payable in respect of depreciation of the value of an interest in land.

(3)Where an interest in land is subject to a mortgage—

(a)any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the mortgage;

(b)a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c)no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d)any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

Textual Amendments

F452Words in s. 117(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1, para.10 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Modifications etc. (not altering text)

C153Ss. 117, 118 extended (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 16(5); S.I. 1992/725, arts. 2, 3

Marginal Citations

118 Determination of claims for compensation. E+W

(1)Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this Part shall be referred to and determined by the [F453Upper Tribunal].

(2)In relation to the determination of any such question, the provisions of [F454section] 4 of the M49Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.

Textual Amendments

Modifications etc. (not altering text)

C155S. 118 extended (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 16(5); S.I. 1992/725, arts. 2, 3

S. 118 applied (10.11.1993) by 1993 c. 28, s. 163(9); S.I. 1993/2762, art. 3

S. 118 applied (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 21(9); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

S. 118 applied (8.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 29, s. 296(2), Sch. 24 para. 31(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art, 2(2)(b)(c), Sch.

S. 118 applied (1.2.2001 for E., 1.8.2001 for W. in relation to the powers to make regulations under the provisions mentioned in S.I. 2001/2788, Sch. 1 para. 15, otherwise

prosp.) by 2000 c. 38, ss. 190(7), 275(1) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 16

C156S. 118 applied (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 6(7) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

C157S. 118 applied (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 17(5); S.I. 2008/3068, art. 2(1)(i) (with savings and transitional provisions in arts. 6-13)

Marginal Citations

F455Part VE+W

Textual Amendments

PreliminaryE+W

F456119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Right to compensationE+W

F457120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F457S. 120: Pt. V (ss. 119 - 136) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(1), 84(6), Sch. 19, Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F458121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F459122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F460123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F461124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Amount of compensationE+W

F462125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F462S. 125: Pt. V (ss. 119 - 136) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(1), 84(6), Sch. 19Pt. II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F463126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Claims for and payment of compensationE+W

F464127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F465128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F466129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F467130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Recovery of compensationE+W

F468131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F468 S. 131: Pt. V (ss. 119 - 136) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(1), 84(6), Sch. 19 Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F469132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F469S. 132: Pt. V (ss. 119 - 136) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(1), 84(6), Sch. 19, Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F470133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F471134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F471S. 134: Pt. V (ss. 119 - 136) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(1), 84(6), Sch. 19, Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Supplementary provisionsE+W

F472135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F472S. 135: Pt. V (ss. 119 - 136) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(1), 84(6), Sch. 19, Pt.II (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F473136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F473S. 136: Pt. V (ss. 119 - 136) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(1), 84(6), Sch. 19, Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Part VIE+W Rights of owners etc. to require purchase of interests

Modifications etc. (not altering text)

C158Part VI (ss. 137-171): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

Pt. VI (ss. 137-171) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Chapter IE+W Interests affected by planning decisions or orders

Service of purchase noticesE+W

137 Circumstances in which purchase notices may be served.E+W

(1)This section applies where—

(a)on an application for planning permission to develop any land, permission is refused or is granted subject to conditions; or

(b)by an order under section 97 planning permission in respect of any land is revoked, or is modified by the imposition of conditions; or

(c)an order is made under section 102 or paragraph 1 of Schedule 9 in respect of any land.

(2)If—

(a)in the case mentioned in subsection (1)(a) or (b), any owner of the land claims that the conditions mentioned in subsection (3) are satisfied with respect to it, or

(b)in the case mentioned in subsection (1)(c), any person entitled to an interest in land in respect of which the order is made claims that the conditions mentioned in subsection (4) are satisfied with respect to it,

he may, within the prescribed time and in the prescribed manner, serve on the council of the district [F474, Welsh county, county borough] or London borough in which the land is situated a notice (in this Act referred to as “a purchase notice”) requiring that council to purchase his interest in the land in accordance with this Chapter.

(3)The conditions mentioned in subsection (2)(a) are—

(a)that the land has become incapable of reasonably beneficial use in its existing state; and

(b)in a case where planning permission was granted subject to conditions or was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and

(c)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the local planning authority or the Secretary of State has undertaken to grant planning permission.

(4)The conditions mentioned in subsection (2)(b) are—

(a)that by reason of the order the land is incapable of reasonably beneficial use in its existing state; and

(b)that it cannot be rendered capable of reasonably beneficial use by the carrying out of any development for which planning permission has been granted, whether by that order or otherwise.

(5)For the purposes of subsection (1)(a) and any claim arising in the circumstances mentioned in that subsection, the conditions referred to in sections 91 and 92 shall be disregarded.

(6)A person on whom a M50repairs notice has been served under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall not be entitled to serve a notice under this section in the circumstances mentioned in subsection (1)(a) in respect of the building in question—

(a)until the expiration of three months beginning with the date of the service of the repairs notice; and

(b)if during that period the compulsory acquisition of the building is begun in the exercise of powers under section 47 of that Act, unless and until the compulsory acquisition is discontinued.

(7)For the purposes of subsection (6) a compulsory acquisition—

(a)is started when the the notice required by section 12 of the M51Acquisition of Land Act 1981 or, as the case may be, paragraph 3 of Schedule 1 to that Act is served; and

(b)is discontinued—

(i)in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order; and

(ii)in any other case, when the order is withdrawn or the Secretary of State decides not to confirm it.

(8)No purchase notice shall be served in respect of an interest in land while the land is incapable of reasonably beneficial use by reason only of such an order as is mentioned in subsection (1)(c), except by virtue of a claim under subsection (2)(b).

Textual Amendments

Marginal Citations

[F475137APurchase notices: Crown landE+W

(1)A purchase notice may be served in respect of Crown land only as mentioned in this section.

(2)The owner of a private interest in Crown land must not serve a purchase notice unless—

(a)he first offers to dispose of his interest to the appropriate authority on equivalent terms, and

(b)the offer is refused by the appropriate authority.

(3)The appropriate authority may serve a purchase notice in relation to the following land—

(a)land belonging to Her Majesty in right of Her private estates;

(b)land belonging to Her Majesty in right of the Duchy of Lancaster;

(c)land belonging to the Duchy of Cornwall;

(d)land which forms part of the Crown Estate.

(4)An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a purchase notice.

(5)Expressions used in this section and in Part 13 must be construed in accordance with that Part.]

Textual Amendments

138 Circumstances in which land incapable of reasonably beneficial use.E+W

(1)Where, for the purpose of determining whether the conditions specified in section 137(3) or (4) are satisfied in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any unauthorised prospective use of that land.

(2)A prospective use of land shall be regarded as unauthorised for the purposes of subsection (1)—

(a)if it would involve the carrying out of [F476development other than any development specified in paragraph 1 or 2 of Schedule 3;]or

(b)in the case of a purchase notice served in consequence of a refusal or conditional grant of planning permission, if it would contravene the condition set out in Schedule 10.

Textual Amendments

Duties of authorities on service of purchase noticeE+W

139 Action by council on whom purchase notice is served.E+W

(1)The council on whom a purchase notice is served shall serve on the owner by whom the purchase notice was served a notice (a “response notice”) stating either—

(a)that the council are willing to comply with the purchase notice; or

(b)that another local authority or statutory undertakers specified in the response notice have agreed to comply with it in their place; or

(c)that for reasons so specified the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, and that they have sent the Secretary of State a copy of the purchase notice and of the response notice.

(2)A response notice must be served before the end of the period of three months beginning with the date of service of the purchase notice.

(3)Where the council on whom a purchase notice is served by an owner have served a response notice on him in accordance with subsection (1)(a) or (b), the council or, as the case may be, the other local authority or statutory undertakers specified in the response notice shall be deemed—

(a)to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions, and

(b)to have served a notice to treat in respect of it on the date of service of the response notice.

(4)Where the council propose to serve such a response notice as is mentioned in subsection (1)(c), they must first send the Secretary of State a copy—

(a)of the proposed response notice, and

(b)of the purchase notice.

(5)A notice to treat which is deemed to have been served by virtue of subsection (3)(b) may not be withdrawn under section 31 of the M52Land Compensation Act 1961.

Modifications etc. (not altering text)

Marginal Citations

140 Procedure on reference of purchase notice to Secretary of State.E+W

(1)Where a copy of a purchase notice is sent to the Secretary of State under section 139(4), he shall consider whether to confirm the notice or to take other action under section 141 in respect of it.

(2)Before confirming a purchase notice or taking such other action, the Secretary of State must give notice of his proposed action—

(a)to the person who served the purchase notice;

(b)to the council on whom it was served;

(c)[F477in England] outside Greater London—

(i)to the county planning authority and also, where that authority is a joint planning board, to the county council; and

(ii)if the district council on whom the purchase notice in question was served is a constituent member of a joint planning board, to that board;

[F478(cc)in Wales, to the local planning authority, where it is a joint planning board;] and

(d)if the Secretary of State proposes to substitute any other local authority or statutory undertakers for the council on whom the notice was served, to them.

(3)A notice under subsection (2) shall specify the period (which must not be less than 28 days from its service) within which any of the persons on whom it is served may require the Secretary of State to give those persons an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4)If within that period any of those persons so require, before the Secretary of State confirms the purchase notice or takes any other action under section 141 in respect of it he must give those persons such an opportunity.

(5)If, after any of those persons have appeared before and been heard by the appointed person, it appears to the Secretary of State to be expedient to take action under section 141 otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.

Textual Amendments

Modifications etc. (not altering text)

141 Action by Secretary of State in relation to purchase notice.E+W

(1)Subject to the following provisions of this section and to section 142(3), if the Secretary of State is satisfied that the conditions specified in subsection (3) or, as the case may be, subsection (4) of section 137 are satisfied in relation to a purchase notice, he shall confirm the notice.

(2)If it appears to the Secretary of State to be expedient to do so, he may, instead of confirming the purchase notice—

(a)in the case of a notice served on account of the refusal of planning permission, grant planning permission for the development in question;

(b)in the case of a notice served on account of planning permission for development being granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

(c)in the case of a notice served on account of the revocation of planning permission by an order under section 97, cancel the order;

(d)in the case of a notice served on account of the modification of planning permission by such an order by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted; or

(e)in the case of a notice served on account of the making of an order under section 102 or paragraph 1 of Schedule 9, revoke the order or, as the case may be, amend the order so far as appears to him to be required in order to prevent the land from being rendered incapable of reasonably beneficial use by the order.

(3)If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which planning permission ought to be granted, he may, instead of confirming the purchase notice, or, as the case may be, of confirming it so far as it relates to that part of the land, direct that, if an application for planning permission for that development is made, it must be granted.

(4)If it appears to the Secretary of State, having regard to the probable ultimate use of the land, that it is expedient to do so, he may, if he confirms the notice, modify it, either in relation to the whole or any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.

(5)Any reference in section 140 to the taking of action by the Secretary of State under this section includes a reference to the taking by him of a decision not to confirm the purchase notice either on the grounds that any of the conditions referred to in subsection (1) are not satisfied or by virtue of section 142.

Modifications etc. (not altering text)

142 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.E+W

(1)This section applies where a purchase notice is served in respect of land which consists in whole or in part of land which has a restricted use by virtue of an existing planning permission.

(2)For the purposes of this section, land is to be treated as having a restricted use by virtue of an existing planning permission if it is part of a larger area in respect of which planning permission has previously been granted (and has not been revoked) and either—

(a)it remains a condition of the planning permission (however expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or

(b)the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as mentioned in paragraph (a).

(3)Where a copy of the purchase notice is sent to the Secretary of State under section 139(4), he need not confirm the notice under section 141(1) if it appears to him that the land having a restricted use by virtue of an existing planning permission ought, in accordance with that permission, to remain undeveloped or, as the case may be, remain or be preserved or laid out as amenity land in relation to the remainder of the large area for which that planning permission was granted.

143 Effect of Secretary of State’s action in relation to purchase notice.E+W

(1)Where the Secretary of State confirms a purchase notice—

(a)the council on whom the purchase notice was served, or

(b)if under section 141(4) the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that council, that other authority or those undertakers,

shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect of it on such date as the Secretary of State may direct.

(2)If, before the end of the relevant period, the Secretary of State has neither—

(a)confirmed the purchase notice, nor

(b)taken any such action in respect of it as is mentioned in section 141(2) or (3), nor

(c)notified the owner by whom the notice was served that he does not propose to confirm the notice,

the notice shall be deemed to be confirmed at the end of that period, and the council on whom the notice was served shall be deemed to be authorised as mentioned in subsection (1) and to have served a notice to treat in respect of the owner’s interest at the end of that period.

(3)Subject to subsection (4), for the purposes of subsection (2) the relevant period is—

(a)the period of nine months beginning with the date of service of the purchase notice; or

(b)if it ends earlier, the period of six months beginning with the date on which a copy of the purchase notice was sent to the Secretary of State.

(4)The relevant period does not run if the Secretary of State has before him at the same time both—

(a)a copy of the purchase notice sent to him under section 139(4); and

(b)a notice of appeal under section 78, 174 or 195 of this Act or under section 20 or 39 of the Planning M53(Listed Buildings and Conservation Areas) Act 1990 (appeals against refusal of listed building consent, etc. and appeals against listed building enforcement notices) or under section 21 M54of the Planning (Hazardous Substances) Act 1990 (appeals against decisions and failure to take decisions relating to hazardous substances) relating to any of the land to which the purchase notice relates.

(5)Where—

(a)the Secretary of State has notified the owner by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice; and

(b)that decision is quashed under Part XII,

the purchase notice shall be treated as cancelled, but the owner may serve a further purchase notice in its place.

(6)The reference in subsection (5) to a decision to confirm, or not to confirm, the purchase notice includes—

(a)any decision not to confirm the notice in respect of any part of the land to which it relates, and

(b)any decision to grant any permission, or give any direction, instead of confirming the notice, either wholly or in part.

(7)For the purposes of determining whether a further purchase notice under subsection (5) was served within the period prescribed for the service of purchase notices, the planning decision in consequence of which the notice was served shall be treated as having been made on the date on which the decision of the Secretary of State was quashed.

(8)A notice to treat which is deemed to have been served by virtue of subsection (1) or (2) may not be withdrawn under section 31 of the M55Land Compensation Act 1961.

Modifications etc. (not altering text)

Marginal Citations

CompensationE+W

144 Special provisions as to compensation where purchase notice served.E+W

(1)Where compensation is payable by virtue of section 107 in respect of expenditure incurred in carrying out any works on land, any compensation payable in respect of the acquisition of an interest in the land in pursuance of a purchase notice shall be reduced by an amount equal to the value of those works.

(2)Where—

(a)the Secretary of State directs under section 141(3) that, if an application for it is made, planning permission must be granted for the development of any land, and

(b)on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that the permitted development value of the interest in that land in respect of which the purchase notice was served is less than its [F479Schedule 3 value],

that authority shall pay the person entitled to that interest compensation of an amount equal to the difference.

(3)If the planning permission mentioned in subsection (2)(a) would be granted subject to conditions for regulating the design or external appearance, or the size or height of buildings, or for regulating the number of buildings to be erected on the land, the Secretary of State may direct that in assessing any compensation payable under subsection (2) those conditions must be disregarded, either altogether or to such extent as may be specified in the direction.

(4)The Secretary of State may only give a direction under subsection (3) if it appears to him to be reasonable to do so having regard to the local circumstances.

(5)Sections 117 and 118 shall have effect in relation to compensation under subsection (2) as they have effect in relation to compensation to which those sections apply.

(6)In this section—

(7)Where a purchase notice in respect of an interest in land is served in consequence of an order under section 102 or paragraph 1 of Schedule 9, then if—

(a)that interest is acquired in accordance with this Chapter; or

(b)compensation is payable in respect of that interest under subsection (2),

no compensation shall be payable in respect of that order under section 115.

Textual Amendments

F480Definition in s. 144(6) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 19(b) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Special provisions for requiring purchase of whole of partially affected agricultural unitE+W

145 Counter-notice requiring purchase of remainder of agricultural unit.E+W

(1)This section applies where—

(a)an acquiring authority is deemed under this Chapter to have served notice to treat in respect of any agricultural land on a person (“the claimant”) who has a greater interest in the land than as tenant for a year or from year to year (whether or not he is in occupation of the land), and

(b)the claimant has such an interest in other agricultural land (“the unaffected area”) comprised in the same agricultural unit as that to which the notice relates.

(2)Where this section applies the claimant may serve on the acquiring authority a counter-notice—

(a)claiming that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and

(b)requiring the acquiring authority to purchase his interest in the whole of the unaffected area.

(3)Subject to subsection (4), “other relevant land” in subsection (2) means—

(a)land which is comprised in the same agricultural unit as the land to which the notice to treat relates and in which the claimant does not have such an interest as is mentioned in subsection (1); and

(b)land which is comprised in any other agricultural unit occupied by the claimant on the date on which the notice to treat is deemed to have been served and in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.

(4)Where a notice to treat has been served or is deemed under this Chapter or under Part III of the M56Compulsory Purchase (Vesting Declarations) Act 1981 to have been served in respect of any of the unaffected area or in respect of other relevant land as defined in subsection (3), then, unless and until the notice to treat is withdrawn, this section and section 146 shall have effect as if that land did not form part of the unaffected land or, as the case may be, did not constitute other relevant land.

(5)Where a counter-notice is served under subsection (2) the claimant shall also serve a copy of it on any other person who has an interest in the unaffected area (but failure to comply with this subsection shall not invalidate the counter-notice).

(6)A counter-notice under subsection (2) and any copy of that notice required to be served under subsection (5) must be served within the period of two months beginning with the date on which the notice to treat is deemed to have been served.

(7)This section is without prejudice to the rights conferred by sections 93 and 94 of the M57Lands Clauses (Consolidation) Act 1845 or section 8(2) and (3) of the M58Compulsory Purchase Act 1965 (provisions as to divided land).

Marginal Citations

146 Effect of counter-notice under s. 145.E+W

(1)If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 145 agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the [F481Upper Tribunal].

(2)On such a reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid accordingly.

(3)Where a counter-notice is accepted as valid under subsection (1) or declared to be valid under subsection (2), the acquiring authority shall be deemed—

(a)to be authorised to acquire compulsorily the interest of the claimant in the land to which the requirement in the counter-notice relates under the same provision of this Chapter as they are authorised to acquire the other land in the agricultural unit in question; and

(b)to have served a notice to treat in respect of it on the date on which notice to treat is deemed to have been served under that provision.

(4)A claimant may withdraw a counter-notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the counter-notice has been determined by the [F481Upper Tribunal] or at any time before the end of six weeks beginning with the date on which it is determined.

(5)Where a counter-notice is withdrawn by virtue of subsection (4) any notice to treat deemed to have been served in consequence of it shall be deemed to have been withdrawn.

(6)Without prejudice to subsection (5), a notice to treat deemed to have been served by virtue of this section may not be withdrawn under section 31 of the M59Land Compensation Act 1961.

(7)The compensation payable in respect of the acquisition of an interest in land in pursuance of a notice to treat deemed to have been served by virtue of this section shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) of the M60Land Compensation Act 1973.

(8)Where by virtue of this section the acquiring authority become or will become entitled to a lease of any land but not to the interest of the lessor—

(a)the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable;

(b)the question of what is reasonable may be referred to the [F481Upper Tribunal] by the authority or the lessor and, if at the expiration of the period of three months after the date of the offer mentioned in paragraph (a) the authority and the lessor have not agreed on that question and that question has not been referred to the Tribunal by the lessor, it shall be so referred by the authority;

(c)if that question is referred to the Tribunal, the lessor shall be deemed—

(i)to have accepted the surrender of the lease at the expiry of one month after the date of the determination of the Tribunal or on such other date as the Tribunal may direct, and

(ii)to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable.

(9)For the purposes of subsection (8) any terms as to surrender contained in the lease shall be disregarded.

(10)Where the lessor—

(a)refuses to accept any sum payable to him by virtue of subsection (8), or

(b)refuses or fails to make out his title to the satisfaction of the acquiring authority,

they may pay into court any such sum payable to the lessor and section 9(2) and (5) of the M61Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to convey etc.) shall apply to that sum with the necessary modifications.

(11)Where an acquiring authority who become entitled to the lease of any land as mentioned in subsection (8) are a body incorporated by or under any enactment, the corporate powers of the authority shall, if they would not otherwise do so, include the power to farm that land.

Textual Amendments

Marginal Citations

147 Provisions supplemental to ss. 145 and 146.E+W

(1)Sections 145 and 146 apply in relation to the acquisition of interests in land by government departments which possess compulsory purchase powers as they apply in relation to the acquisition of interests in land by authorities who are not government departments.

(2)In sections 145, 146 and this section—

Marginal Citations

SupplementalE+W

[F482147A Application of Chapter I to National Parks.E+W

This Chapter shall have effect as if—

(a)the bodies on whom a purchase notice may be served under section 137 included any National Park authority which is the local planning authority for the area in which the land is situated; and

(b)a National Park authority were a local authority for the purposes of this Act and the National Park for which it is the local planning authority were its area;

and the references in this Chapter and in section 288(10)(a) to a council and to a local authority shall be construed accordingly.]

Textual Amendments

F482S. 147A inserted (19.9.1995) by 1995 c. 25, ss. 67(5), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

148 Interpretation of Chapter I.E+W

(1)In this Chapter—

(a)the provisions of Part IX, or

(b)in the case of statutory undertakers, any statutory provision (however expressed) under which they have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking; and

“statutory undertakers” includes [F483electronic communications code operators and former PTOs].

(2)In the case of a purchase notice served by such a person as is mentioned in subsection (2)(b) of section 137, references in this Chapter to the owner of the land include references to that person unless the context otherwise requires.

Textual Amendments

F483Words in s. 148(1) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 102 (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Modifications etc. (not altering text)

Chapter IIE+W Interests Affected by Planning Proposals: Blight

PreliminaryE+W

149 Scope of Chapter II.E+W

(1)This Chapter shall have effect in relation to land falling within any paragraph of Schedule 13 (land affected by planning proposals of public authorities etc.); and in this Chapter such land is referred to as “blighted land”.

(2)Subject to the provisions of sections 161 and 162, an interest qualifies for protection under this Chapter if—

(a)it is an interest in a hereditament or part of a hereditament and on the relevant date it satisfies one of the conditions mentioned in subsection (3); or

(b)it is an interest in an agricultural unit or part of an agricultural unit and on the relevant date it is the interest of an owner-occupier of the unit;

and in this Chapter such an interest is referred to as “a qualifying interest”.

(3)The conditions mentioned in subsection (2)(a) are—

(a)that the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest is the interest of an owner-occupier of the hereditament; or

(b)that the interest is the interest of a resident owner-occupier of the hereditament.

(4)In this section “the relevant date”, in relation to an interest, means the date of service of a notice under section 150 in respect of it.

(5)In this Chapter “blight notice” means a notice served under section 150, 161 or 162.

Blight noticesE+W

150 Notices requiring purchase of blighted land.E+W

(1)Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that—

(a)he is entitled to a qualifying interest in that hereditament or unit;

(b)he has made reasonable endeavours to sell that interest; [F484or the land falls within paragraph [F48521,] paragraph 22 (disregarding the notes) [F486or paragraph 24] of Schedule 13 and [F487(except in the case of land falling within paragraph 24(c) of that Schedule)] the powers of compulsory acquisition remain exercisable] and

(c)in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land,

he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.

(2)Subject to subsection (3), subsection (1) shall apply in relation to an interest in part of a hereditament or unit as it applies in relation to an interest in the whole of a hereditament or unit.

(3)Subsection (2) shall not enable any person—

(a)if he is entitled to an interest in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of his interest in part of a hereditament or unit; or

(b)if he is entitled to an interest only in part of a hereditament or agricultural unit, to make or serve any such claim or notice in respect of his interest in less than the whole of that part.

(4)In this Chapter—

(a)subject to section 161(1), “the claimant”, in relation to a blight notice, means the person who served that notice, and

(b)any reference to the interest of the claimant, in relation to a blight notice, is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in subsection (1).

Textual Amendments

F484Words in s. 150(1)(b) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 para.13 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F485S. 150(1)(b): "21," inserted (1.3.2010) for "21 or" by Planning Act 2008 (c. 29), ss. 175(3)(a), 241 (with s. 226); S.I. 2010/101, art. 4(f) (with art. 6)

F486Words in s. 150(1)(b) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 175(3)(b), 241 (with s. 226); S.I. 2010/101, art. 4(f) (with art. 6)

F487Words in s. 150(1)(b) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 175(3)(c), 241 (with s. 226); S.I. 2010/101, art. 4(f) (with art. 6)

151 Counter-notices objecting to blight notices.E+W

(1)Where a blight notice has been served in respect of a hereditament or an agricultural unit, the appropriate authority may serve on the claimant a counter-notice in the prescribed form objecting to the notice.

(2)A counter-notice under subsection (1) may be served at any time before the end of the period of two months beginning with the date of service of the blight notice.

(3)Such a counter-notice shall specify the grounds on which the appropriate authority object to the blight notice (being one or more of the grounds specified in subsection (4) or, as relevant, in section 159(1), 161(5) or 162(5)).

(4)Subject to the following provisions of this Act, the grounds on which objection may be made in a counter-notice to a notice served under section 150 are—

(a)that no part of the hereditament or agricultural unit to which the notice relates is comprised in blighted land;

(b)that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire any part of the hereditament, or in the case of an agricultural unit any part of the affected area, in the exercise of any relevant powers;

(c)that the appropriate authority propose in the exercise of relevant powers to acquire a part of the hereditament or, in the case of an agricultural unit, a part of the affected area specified in the counter-notice, but (unless compelled to do so by virtue of this Chapter) do not propose to acquire any other part of that hereditament or area in the exercise of any such powers;

(d)in the case of land falling within paragraph 1, 3 or 13 but not 14, 15 or 16 of Schedule 13, that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire in the exercise of any relevant powers any part of the hereditament or, in the case of an agricultural unit, any part of the affected area during the period of 15 years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice;

(e)that, on the date of service of the notice under section 150, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;

(f)that (for reasons specified in the counter-notice) the interest of the claimant is not a qualifying interest;

(g)that the conditions specified in paragraphs (b) and (c) of section 150(1) are not fulfilled.

(5)Where the appropriate enactment confers power to acquire rights over land, subsection (4) shall have effect as if—

(a)in paragraph (b) after the word “acquire” there were inserted the words “ or to acquire any rights over ”;

(b)in paragraph (c) for the words “do not propose to acquire” there were substituted the words “ propose neither to acquire, nor to acquire any right over ”;

(c)in paragraph (d) after the words “affected area” there were inserted “ or to acquire any right over any part of it ”.

(6)An objection may not be made on the grounds mentioned in paragraph (d) of subsection (4) if it may be made on the grounds mentioned in paragraph (b) of that subsection.

(7)The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 19 of Schedule 13 shall not include those mentioned in subsection (4)(b) or (c).

[F488(7A)The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).]

(8)In this section “relevant powers”, in relation to blighted land falling within any paragraph of Schedule 13, means any powers under which the appropriate authority are or could be authorised—

(a)to acquire that land or to acquire any rights over it compulsorily as being land falling within that paragraph; or

(b)to acquire that land or any rights over it compulsorily for any of the relevant purposes;

and “the relevant purposes”, in relation to any such land, means the purposes for which, in accordance with the circumstances by virtue of which that land falls within the paragraph in question, it is liable to be acquired or is indicated as being proposed to be acquired.

Textual Amendments

F488S. 151(7A) inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(4), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4(f) (with art. 6)

152 Further counter-notices where certain proposals have come into force.E+W

(1)Where—

(a)an appropriate authority have served a counter-notice objecting to a blight notice in respect of any land falling within paragraph 1, 2, 3, 4 or 14 of Schedule 13 by virtue of Note (1) to that paragraph, and

(b)the relevant plan or alterations or, as the case may be, the relevant order or scheme comes into force (whether in its original form or with modifications),

the appropriate authority may serve on the claimant, in substitution for the counter-notice already served, a further counter-notice specifying different grounds of objection.

(2)Such a further counter-notice shall not be served—

(a)at any time after the end of the period of two months beginning with the date on which the relevant plan or alterations come into force; or

(b)if the objection in the counter-notice already served has been withdrawn or the [F489Upper Tribunal] has already determined whether or not to uphold that objection.

Textual Amendments

153 Reference of objection to [F490Upper Tribunal]: general.E+W

(1)Where a counter-notice has been served under section 151 objecting to a blight notice, the claimant may require the objection to be referred to the [F490Upper Tribunal].

(2)F491. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)On any such reference, if the objection is not withdrawn, the [F490Upper Tribunal] shall consider—

(a)the matters set out in the notice served by the claimant, and

(b)the grounds of the objection specified in the counter-notice;

and, subject to subsection (4), unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.

(4)An objection on the grounds mentioned in section 151(4)(b), (c) or (d) shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

(5)If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.

(6)If the Tribunal upholds the objection, but only on the grounds mentioned in section 151(4)(c), the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament, or in the case of an agricultural unit the part of the affected area, specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice, but not in relation to any other part of the hereditament or affected area.

(7)In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying the date on which notice to treat (as mentioned in section 154) is to be deemed to have been served.

(8)This section shall have effect in relation to a further counter-notice served by virtue of section 152(1) as it has effect in relation to the counter-notice for which it is substituted.

Textual Amendments

154 Effect of valid blight notice.E+W

(1)Subsection (2) applies where a blight notice has been served and either—

(a)no counter-notice objecting to that notice is served in accordance with this Chapter; or

(b)where such a counter-notice has been served, the objection is withdrawn or, on a reference to the [F492Upper Tribunal], is not upheld by the Tribunal.

(2)Where this subsection applies, the appropriate authority shall be deemed—

(a)to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in the hereditament, or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area, and

(b)to have served a notice to treat in respect of it on the date mentioned in subsection (3).

(3)The date referred to in subsection (2)—

(a)in a case where, on a reference to the [F492Upper Tribunal], the Tribunal determines not to uphold the objection, is the date specified in directions given by the Tribunal in accordance with section 153(7);

(b)in any other case, is the date on which the period of two months beginning with the date of service of the blight notice comes to an end.

(4)Subsection (5) applies where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 151(4)(c) and either—

(a)the claimant, without referring that objection to the [F492Upper Tribunal], and before the time for so referring it has expired—

(i)gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and

(ii)withdraws his claim as to the remainder of that hereditament or area; or

(b)on a reference to the [F492Upper Tribunal], the Tribunal makes a declaration in accordance with section 153(6) in respect of that part of the hereditament or affected area.

(5)Where this subsection applies, the appropriate authority shall be deemed—

(a)to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the hereditament or affected area specified in the counter-notice (but not in so far as it subsists in any other part of that hereditament or area), and

(b)to have served a notice to treat in respect of it on the date mentioned in subsection (6).

(6)The date referred to in subsection (5)—

(a)in a case falling within paragraph (a) of subsection (4), is the date on which notice is given in accordance with that paragraph; and

(b)in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the [F492Upper Tribunal] in accordance with section 153(7).

Textual Amendments

155 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.E+W

(1)Subsection (2) shall have effect where the grounds of objection specified in a counter-notice served under section 151 consist of or include the grounds mentioned in paragraph (b) or (d) of subsection (4) of that section and either—

(a)the objection on the grounds mentioned in that paragraph is referred to and upheld by the [F493Upper Tribunal]; or

(b)the time for referring that objection to the [F493Upper Tribunal] expires without its having been so referred.

(2)If—

(a)a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or

(b)the land in question falls within paragraph 21 of Schedule 13,

any power conferred by that order or, as the case may be, by special enactment for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part of it shall cease to have effect.

(3)Subsection (4) shall have effect where the grounds of objection specified in a counter-notice under section 151 consist of or include the grounds mentioned in paragraph (c) of subsection (4) of that section and either—

(a)the objection on the grounds mentioned in that paragraph is referred to and upheld by the [F493Upper Tribunal]; or

(b)the time for referring that objection to the [F493Upper Tribunal] expires without its having been so referred;

and in subsection (4) any reference to “the part of the hereditament or affected area not required” is a reference to the whole of that hereditament or area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in the counter-notice.

(4)If—

(a)a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the hereditament or affected area not required, or

(b)the land in question falls within paragraph 21 of Schedule 13,

any power conferred by that order or, as the case may be, by the special enactment for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the hereditament or affected area not required shall cease to have effect.

Textual Amendments

156 Withdrawal of blight notice.E+W

(1)Subject to subsection (3), the person by whom a blight notice has been served may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the [F494Upper Tribunal] or, if there has been such a determination, at any time before the end of the period of six weeks beginning with the date of the determination.

(2)Where a blight notice is withdrawn by virtue of subsection (1) any notice to treat deemed to have been served in consequence of it shall be deemed to have been withdrawn.

(3)A person shall not be entitled by virtue of subsection (1) to withdraw a notice after the appropriate authority have exercised a right of entering and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.

(4)No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of subsection (2).

Textual Amendments

CompensationE+W

157 Special provisions as to compensation for acquisitions in pursuance of blight notices.E+W

(1)Where—

(a)an interest in land is acquired in pursuance of a blight notice, and

(b)the interest is one in respect of which a compulsory purchase order is in force under section 1 of the M64Acquisition of Land Act 1981, as applied by section 47 of the M65Planning (Listed Buildings and Conservation Areas) Act 1990, containing a direction for minimum compensation under section 50 of that Act of 1990,

the compensation payable for the acquisition shall be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.

(2)Where—

(a)an interest in land is acquired in pursuance of a blight notice, and

(b)the interest is one in respect of which a compulsory purchase order is in force under section 290 of the M66Housing Act 1985 (acquisition of land for clearance);

the compensation payable for the acquisition shall be assessed in accordance with that Act and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.

(3)The compensation payable in respect of the acquisition by virtue of section 160 of an interest in land comprised in—

(a)the unaffected area of an agricultural unit; or

(b)if the appropriate authority have served a counter-notice objecting to the blight notice on the grounds mentioned in section 151(4)(c), so much of the affected area of the unit as is not specified in the counter-notice,

shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) of the M67Land Compensation Act 1973.

(4)In subsection (3) the reference to “the appropriate authority” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.

Marginal Citations

Special provisions for requiring purchase of whole of partially affected agricultural unitE+W

158 Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.E+W

(1)This section applies where—

(a)a blight notice is served in respect of an interest in the whole or part of an agricultural unit, and

(b)on the date of service that unit or part contains land (“the unaffected area”) which is not blighted land as well as land (“the affected area”) which is such land.

(2)Where this section applies the claimant may include in the blight notice—

(a)a claim that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and

(b)a requirement that the appropriate authority shall purchase his interest in the whole of the unit or, as the case may be, in the whole of the part of it to which the notice relates.

(3)Subject to section 159(4), “other relevant land” in subsection (2) means—

(a)if the blight notice is served only in respect of part of land comprised in the agricultural unit, the remainder of it; and

(b)land which is comprised in any other agricultural unit occupied by the claimant on the date of service and in respect of which he is then entitled to an owner’s interest as defined in section 168(4).

159 Objections to s. 158 notices.E+W

(1)The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of section 158 shall include the ground that the claim made in the notice is not justified.

(2)Objection shall not be made to a blight notice served by virtue of section 158 on the grounds mentioned in section 151(4)(c) unless it is also made on the grounds mentioned in subsection (1).

(3)The [F495Upper Tribunal] shall not uphold an objection to a notice served by virtue of section 158 on the grounds mentioned in section 151(4)(c) unless it also upholds the objection on the grounds mentioned in subsection (1).

(4)Where objection is made to a blight notice served by virtue of section 158 on the ground mentioned in subsection (1) and also on those mentioned in section 151(4)(c), the [F495Upper Tribunal], in determining whether or not to uphold the objection, shall treat that part of the affected area which is not specified in the counter-notice as included in “other relevant land” as defined in section 158(3).

(5)If the [F495Upper Tribunal] upholds an objection but only on the ground mentioned in subsection (1), the Tribunal shall declare that the blight notice is a valid notice in relation to the affected area but not in relation to the unaffected area.

(6)If the Tribunal upholds an objection both on the ground mentioned in subsection (1) and on the grounds mentioned in section 151(4)(c) (but not on any other grounds) the Tribunal shall declare that the blight notice is a valid notice in relation to the part of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice but not in relation to any other part of the affected area or in relation to the unaffected area.

(7)In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying a date on which notice to treat (as mentioned in sections 154 and section 160) is to be deemed to have been served.

(8)Section 153(6) shall not apply to any blight notice served by virtue of section 158.

Textual Amendments

160 Effect of notices served by virtue of s. 158.E+W

(1)In relation to a blight notice served by virtue of section 158—

(a)subsection (2) of section 154 shall have effect as if for the words “or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area” there were substituted the words “ or agricultural unit ”; and

(b)subsections (4) and (5) of that section shall not apply to any such blight notice.

(2)Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 159(1), then if either—

(a)the claimant, without referring that objection to the [F496Upper Tribunal] and before the time for so referring it has expired, gives notice to the appropriate authority that he withdraws his claim as to the unaffected area; or

(b)on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(5),

the appropriate authority shall be deemed—

(i)to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the affected area (but not in so far as it subsists in the unaffected area), and

(ii)to have served a notice to treat in respect of it on the date mentioned in subsection (3).

(3)The date referred to in subsection (2)—

(a)in a case falling within paragraph (a) of subsection (2), is the date on which notice is given in accordance with that paragraph; and

(b)in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).

(4)Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 159(1) and also on the grounds mentioned in section 151(4)(c), then if either—

(a)the claimant, without referring that objection to the [F496Upper Tribunal] and before the time for so referring it has expired—

(i)gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the affected area specified in the counter-notice, and

(ii)withdraws his claim as to the remainder of that area and as to the unaffected area; or

(b)on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(6) in respect of that part of the affected area,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the affected area specified in the counter-notice (but not in so far as it subsists in any other part of that area or in the unaffected area) and to have served a notice to treat in respect of it on the date mentioned in subsection (5).

(5)The date referred to in subsection (4)—

(a)in a case falling within paragraph (a) of that subsection, is the date on which notice is given in accordance with that paragraph; and

(b)in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).

(6)In relation to a blight notice served by virtue of section 158 references to “the appropriate authority” and “the appropriate enactment” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.

Textual Amendments

Personal representatives, mortgagees and partnershipsE+W

161 Powers of personal representatives in respect of blight notice.E+W

(1)In relation to any time after the death of a person who has served a blight notice, sections 151(1), 152(1), 153(1), 154(4) and (5), 156(1) and 160(2) and (4) shall apply as if any reference in them to the claimant were a reference to the claimant’s personal representatives.

(2)Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that—

(a)he is the personal representative of a person (“the deceased”) who at the date of his death was entitled to an interest in that hereditament or unit;

(b)the interest was one which would have been a qualifying interest if a notice under section 150 had been served in respect of it on that date;

(c)he has made reasonable endeavours to sell that interest [F497or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable];

(d)in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land; and

(e)one or more individuals are (to the exclusion of any body corporate) beneficially entitled to that interest,

he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.

(3)Subject to subsection (4), subsection (2) shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the whole of a hereditament or agricultural unit.

(4)Subsection (3) shall not enable any person—

(a)if the deceased was entitled to an interest in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of the deceased’s interest in part of the hereditament or unit; or

(b)if the deceased was entitled to an interest only in part of the hereditament or agricultural unit, to make or serve any such claim or notice in respect of the deceased’s interest in less than the whole of that part.

(5)Subject to sections 151(7) and 159(2) and (3), the grounds on which objection may be made in a counter-notice under section 151 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (4) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—

(a)that the claimant is not the personal representative of the deceased or that, on the date of the deceased’s death, the deceased was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;

(b)that (for reasons specified in the counter-notice) the interest of the deceased is not such as is specified in subsection (2)(b);

(c)that the conditions specified in subsection (2)(c), (d) or (e) are not satisfied.

Textual Amendments

162 Power of mortgagees to serve blight notice.E+W

(1)Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that—

(a)he is entitled as mortgagee (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land;

(b)he has made reasonable endeavours to sell that interest [F498or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable]; and

(c)in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land,

then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.

(2)Subject to subsection (3), subsection (1) shall apply in relation to an interest in part of a hereditament or unit as it applies in relation to an interest in the whole of a hereditament or unit.

(3)Subsection (2) shall not enable a person—

(a)if his interest as mortgagee is in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or

(b)if his interest as mortgagee is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the whole of that part.

(4)Notice under this section shall not be served unless the interest which the mortgagee claims he has the power to sell—

(a)could be the subject of a notice under section 150 served by the person entitled to it on the date of service of the notice under this section; or

(b)could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.

(5)Subject to sections 151(7) and 159(2) and (3), the grounds on which objection may be made in a counter-notice under section 151 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (4) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—

(a)that, on the date of service of the notice under this section, the claimant had no interest as mortgagee in any part of the hereditament or agricultural unit to which the notice relates;

(b)that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (1)(a);

(c)that the conditions specified in subsection (1)(b) and (c) are not fulfilled;

(d)that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (4) was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.

Textual Amendments

163 Prohibition on service of simultaneous notices under ss. 150, 161 and 162.E+W

(1)No notice shall be served under section 150 or 161 in respect of a hereditament or agricultural unit, or any part of it, at a time when a notice already served under section 162 is outstanding with respect to it, and no notice shall be served under section 162 at a time when a notice already served under section 150 or 161 is outstanding with respect to the relevant hereditament, unit or part.

(2)For the purposes of subsection (1), a notice shall be treated as outstanding with respect to a hereditament, unit or part—

(a)until it is withdrawn in relation to the hereditament, unit or part; or

(b)in a case where an objection to the notice has been made by a counter-notice under section 151, until either—

(i)the period of two months specified in section 153 elapses without the claimant having required the objection to be referred to the [F499Upper Tribunal] under that section; or

(ii)the objection, having been so referred, is upheld by the Tribunal with respect to the hereditament, unit or part.

Textual Amendments

164 Special provisions as to partnerships.E+W

(1)This section shall have effect for the purposes of the application of this Chapter to a hereditament or agricultural unit occupied for the purposes of a partnership firm.

(2)Occupation for the purposes of the firm shall be treated as occupation by the firm, and not as occupation by any one or more of the partners individually, and the definitions of “owner-occupier” in section 168(1) and (2) shall apply in relation to the firm accordingly.

(3)If, after the service by the firm of a blight notice, any change occurs (whether by death or otherwise) in the constitution of the firm, any proceedings, rights or obligations consequential upon that notice may be carried on or exercised by or against, or, as the case may be, shall be incumbent upon, the partners for the time being constituting the firm.

(4)Nothing in this Chapter shall be construed as indicating an intention to exclude the operation of the definition of “person” in Schedule 1 to the M68Interpretation Act 1978 (by which, unless the contrary intention appears, “person” includes any body of persons corporate or unincorporate) in relation to any provision of this Chapter.

(5)Subsection (2) shall not affect the definition of “resident owner-occupier” in section 168(3).

Marginal Citations

Miscellaneous and supplementary provisionsE+W

[F500164APower of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice servedE+W

Where a blight notice has been served in respect of land falling within paragraph 1C of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.]

Textual Amendments

F500S. 164A inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(7), 58(2)(b)(4)(b)

165 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.E+W

(1)Where a blight notice has been served in respect of land falling within paragraph 7, 8 or 9 of Schedule 13, then until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area the Secretary of State shall have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

(2)Where the Secretary of State acquires an interest under subsection (1), then—

(a)if the land is or becomes land within paragraph 8 or, as the case may be, paragraph 9(b) of Schedule 13, the interest shall be transferred by him to the development corporation established for the new town or, as the case may be, the urban development corporation established for the urban development area; and

(b)in any other case, the interest may be disposed of by him in such manner as he thinks fit.

(3)The M69Land Compensation Act 1961 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (1) as if—

(a)the acquisition were by a development corporation under the M70New Towns Act 1981 or, as the case may be, by an urban development corporation under Part XVI of the M71Local Government, Planning and Land Act 1980;

(b)in the case of land within paragraph 7 of Schedule 13, the land formed part of an area designated as the site of a new town by an order which has come into operation under section 1 of the New Towns Act 1981; and

(c)in the case of land within paragraph 9(a) of Schedule 13, the land formed part of an area designated as an urban development area by an order under section 134 of the M72Local Government, Planning and Land Act 1980 which has come into operation.

Marginal Citations

[F501165ZAPower of Greater London Authority to acquire land affected by designation of Mayoral development area where blight notice servedE+W

(1)Where a blight notice has been served in respect of land falling within paragraph 9A of Schedule 13 then, until such time as a Mayoral development corporation is established for the Mayoral development area, the Greater London Authority has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

(2)Where the Greater London Authority acquires an interest under subsection (1), then—

(a)if the land is or becomes land within paragraph 9A(b) of Schedule 13, the interest is to be transferred by the Authority to the Mayoral development corporation established for the Mayoral development area; and

(b)in any other case, the interest may be disposed of by the Authority in such manner as the Authority thinks fit.

(3)The Land Compensation Act 1961 has effect in relation to the compensation payable in respect of the acquisition of an interest by the Greater London Authority under subsection (1) as if—

(a)the acquisition were by a Mayoral development corporation under Chapter 2 of Part 8 of the Localism Act 2011; and

(b)the land formed part of an area for which a Mayoral development corporation has been established.]

Textual Amendments

[F502165APower of Secretary of State to acquire land identified in national policy statements where blight notice servedE+W

Where a blight notice has been served in respect of land falling within paragraph 25 of Schedule 13, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.]

Textual Amendments

F502S. 165A inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(5), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4(f) (with art. 6)

166 Saving for claimant’s right to sell whole hereditament, etc.E+W

(1)The provisions of sections 151(4)(c), 153(6), 154(4) and (5) and 155(3) and (4) relating to hereditaments shall not affect—

(a)the right of a claimant under section 92 of the M73Lands Clauses Consolidation Act 1845 to sell the whole of the hereditament or, in the case of an agricultural unit, the whole of the affected area, which he has required the authority to purchase; or

(b)the right of a claimant under section 8 of the M74Compulsory Purchase Act 1965 to sell (unless the [F503Upper Tribunal] otherwise determines) the whole of the hereditament or, as the case may be, affected area which he has required that authority to purchase.

(2)In accordance with subsection (1)(b), in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in section 151(4)(c), the [F503Upper Tribunal] shall consider (in addition to the other matters which they are required to consider) whether—

(a)in the case of a house, building or factory, the part proposed to be acquired can be taken without material detriment to the house, building or factory; or

(b)in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.

Textual Amendments

Marginal Citations

167 No withdrawal of constructive notice to treat.E+W

Without prejudice to the provisions of section 156(1) and (2), a notice to treat which is deemed to have been served by virtue of this Chapter may not be withdrawn under section 31 of the M75Land Compensation Act 1961.

Marginal Citations

168 Meaning of “owner-occupier” and “resident owner-occupier”.E+W

(1)Subject to the following provisions of this section, in this Chapter “owner-occupier”, in relation to a hereditament, means—

(a)a person who occupies the whole or a substantial part of the hereditament in right of an owner’s interest in it, and has so occupied the hereditament or that part of it during the whole of the period of six months ending with the date of service; or

(b)if the whole or a substantial part of the hereditament was unoccupied for a period of not more than 12 months ending with that date, a person who so occupied the hereditament or, as the case may be, that part of it during the whole of a period of six months ending immediately before the period when it was not occupied.

(2)Subject to the following provisions of this section, in this Chapter “owner-occupier”, in relation to an agricultural unit, means a person who—

(a)occupies the whole of that unit and has occupied it during the whole of the period of six months ending with the date of service; or

(b)occupied the whole of that unit during the whole of a period of six months ending not more than 12 months before the date of service,

and, at all times material for the purposes of paragraph (a) or, as the case may be, paragraph (b) has been entitled to an owner’s interest in the whole or part of that unit.

(3)In this Chapter “resident owner-occupier”, in relation to a hereditament, means—

(a)an individual who occupies the whole or a substantial part of the hereditament as a private dwelling in right of an owner’s interest in it, and has so occupied the hereditament or, as the case may be, that part during the whole of the period of six months ending with the date of service; or

(b)if the whole or a substantial part of the hereditament was unoccupied for a period of not more than 12 months ending with that date, an individual who so occupied the hereditament or, as the case may be, that part during the whole of a period of six months ending immediately before the period when it was not occupied.

(4)In this section—

169“Appropriate authority” for purposes of Chapter II.E+W

(1)Subject to the following provisions of this section, in this Chapter “the appropriate authority”, in relation to any land, means the government department, local authority [F504National Park authority] or other body or person by whom, in accordance with the circumstances by virtue of which the land falls within any paragraph of Schedule 13, the land is liable to be acquired or is indicated as being proposed to be acquired or, as the case may be, any right over the land is proposed to be acquired.

(2)If any question arises—

(a)whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a local highway authority; or

(b)which of two or more local highway authorities is the appropriate authority in relation to any land for those purposes; or

(c)which of two or more local authorities is the appropriate authority in relation to any land for those purposes,

that question shall be referred to the Secretary of State, whose decision shall be final.

(3)If any question arises which authority is the appropriate authority for the purposes of this Chapter—

(a)section 151(2) shall have effect as if the reference to the date of service of the blight notice were a reference to that date or, if it is later, the date on which that question is determined;

(b)section 162(4)(b) shall apply with the substitution for the period of six months of a reference to that period extended by so long as it takes to obtain a determination of the question; and

(c)section 168(1)(b), (2)(b) and (3)(b) shall apply with the substitution for the reference to 12 months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.

(4)In relation to land falling within paragraph 7, 8 or 9 of Schedule 13, until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area, this Chapter shall have effect as if “the appropriate authority” were the Secretary of State.

[F505(4A)In relation to land falling within paragraph 9A of Schedule 13, until such time as a Mayoral development corporation is established for the Mayoral development area, this Chapter has effect as if “the appropriate authority” were the Mayor of London.]

(5)In relation to land falling within paragraph 19 of Schedule 13, “the appropriate authority” shall be the highway authority for the highway in relation to which the order mentioned in that paragraph was made.

[F506(6)In relation to land falling within paragraph 25 of Schedule 13, “the appropriate authority” is—

(a)if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;

(b)in any other case, the Secretary of State.

(7)If any question arises by virtue of subsection (6)—

(a)whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or

(b)which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,

that question shall be referred to the Secretary of State, whose decision shall be final.

(8)In subsections (6) and (7) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.]

Textual Amendments

F504Words in s. 169(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(5) (with ss. 7(6), 115, 117, Sch. 8 para. 3); S.I. 1995/2950, art. 2(1)

F505S. 169(4A) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 34

F506S. 169(6)-(8) inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(6), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4(f) (with art. 6)

170“Appropriate enactment” for purposes of Chapter II.E+W

(1)Subject to the following provisions of this section, in this Chapter “the appropriate enactment”, in relation to land falling within any paragraph of Schedule 13, means the enactment which provides for the compulsory acquisition of land as being land falling within that paragraph or, as respects paragraph 22(b), the enactment under which the compulsory purchase order referred to in that paragraph was made.

(2)In relation to land falling within paragraph [F5071B, 1C,] 2, 3 or 4 of that Schedule, an enactment shall for the purposes of subsection (1) be taken to be an enactment which provides for the compulsory acquisition of land as being land falling within that paragraph if—

(a)the enactment provides for the compulsory acquisition of land for the purposes of the functions which are indicated in the development plan as being the functions for the purposes of which the land is allocated or is proposed to be developed; or

(b)where no particular functions are so indicated in the development plan, the enactment provides for the compulsory acquisition of land for the purposes of any of the functions of the government department, local authority [F508National Park authority] or other body for the purposes of whose functions the land is allocated or is defined as the site of proposed development.

[F509(2A)In relation to land falling within—

(a)paragraph 1B of that Schedule by virtue of Note (2)(c) or (d) to that paragraph, or

(b)paragraph 1C of that Schedule by virtue of Note (1)(b) to that paragraph,

“the appropriate enactment” is to be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to any such plan, revision or draft as is mentioned in the Note in question.]

(3)In relation to land falling within paragraph 2, 3 or 4 of that Schedule by virtue of Note (1) to that paragraph, “the appropriate enactment” shall be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to any such plan, proposal or modifications as are mentioned in paragraph (a), (b) or (c) of that Note.

(4)In relation to land falling within paragraph 5 or 6 of that Schedule, “the appropriate enactment” shall be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to the resolution or direction in question.

(5)In relation to land falling within paragraph 7, 8 [F510, 9 or 9A] of that Schedule, until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area [F511or a Mayoral development corporation is established for the Mayoral development area] , this Chapter shall have effect as if “the appropriate enactment” were section 165(1).

(6)In relation to land falling within paragraph 10 or 11 of that Schedule, “the appropriate enactment” shall be section 290 of the M76Housing Act 1985.

(7)In relation to land falling within paragraph 19 of that Schedule, “the appropriate enactment” shall be section 239(6) of the M77Highways Act 1980.

(8)In relation to land falling within paragraph 22 of that Schedule by virtue of Note (1) to that paragraph, “the appropriate enactment” shall be the enactment which would provide for the compulsory acquisition of the land or of the rights over the land if the relevant compulsory purchase order were confirmed or made.

[F512(8A)In relation to land falling within paragraph 24(a) or (b) of that Schedule, “the appropriate enactment” is the order granting development consent.

(8B)In relation to land falling within paragraph 24(c) of that Schedule, “the appropriate enactment” is an order in the terms of the order applied for.

(8C)In relation to land falling within paragraph 25 of that Schedule, “the appropriate enactment” is section 165A.]

(9)Where, in accordance with the circumstances by virtue of which any land falls within any paragraph of that Schedule, it is indicated that the land is proposed to be acquired for highway purposes, any enactment under which a highway authority are or (subject to the fulfilment of the relevant conditions) could be authorised to acquire that land compulsorily for highway purposes shall, for the purposes of subsection (1), be taken to be an enactment providing for the compulsory acquisition of that land as being land falling within that paragraph.

(10)In subsection (9) the reference to the fulfilment of the relevant conditions is a reference to such one or more of the following as are applicable to the circumstances in question—

(a)the coming into operation of any requisite order or scheme made, or having effect as if made, under the provisions of Part II of the Highways Act 1980;

(b)the coming into operation of any requisite scheme made, or having effect as if made, under section 106(3) of that Act;

(c)the making or approval of any requisite plans.

(11)If, apart from this subsection, two or more enactments would be the appropriate enactment in relation to any land for the purposes of this Chapter, the appropriate enactment for those purposes shall be taken to be that one of those enactments under which, in the circumstances in question, it is most likely that (apart from this Chapter) the land would have been acquired by the appropriate authority.

(12)If any question arises as to which enactment is the appropriate enactment in relation to any land for the purposes of this Chapter, that question shall be referred—

(a)where the appropriate authority are a government department, to the Minister in charge of that department;

(b)where the appropriate authority are statutory undertakers, to the appropriate Minister; and

(c)in any other case, to the Secretary of State,

and the decision of the Minister or, as the case may be, the Secretary of State shall be final.

Textual Amendments

F507Words in s. 170(2) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(8)(a), 58(2)(b)(4)(b)

F508Words in s. 170(2) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(5) (with ss. 7(6), 115, 117); S.I. 1995/2950, art. 2(1)

F509S. 170(2A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 10(8)(b), 58(2)(b)(4)(b)

F510Words in s. 170(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 35(a)

F511Words in s. 170(5) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 35(b)

F512S. 170(8A)-(8C) inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(7), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4(f) (with art. 6)

Marginal Citations

171 General interpretation of Chapter II.E+W

(1)Subject to the following provisions of this section, in this Chapter—

(a)in the case of a hereditament which is shown in a local non-domestic rating list and none of which consists of domestic property or property exempt from local non-domestic rating, the value shown in that list as the rateable value of that hereditament on the date of service;

(b)in the case of a hereditament which is shown in a local non-domestic rating list and which includes domestic property or property exempt from local non-domestic rating, the sum of—

(i)the value shown in that list as the rateable value of that hereditament on the date of service; and

(ii)the value attributable to the non-rateable part of that hereditament in accordance with subsections (2) and (3);

(c)in the case of any other hereditament, the value attributable to that hereditament in accordance with subsections (2) and (3);

(2)The value attributable to a hereditament, or the non-rateable part of it, in respect of domestic property shall be the value certified by the relevant valuation officer as being 5 per cent. of the compensation which would be payable in respect of the value of that property if it were purchased compulsorily under statute with vacant possession and the compensation payable were calculated in accordance with Part II of the M80Land Compensation Act 1961 by reference to the relevant date.

(3)The value attributable to a hereditament, or the non-rateable part of it, in respect of property exempt from local non-domestic rating shall be the value certified by the relevant valuation officer as being the value which would have been shown as the rateable value of that property on the date of service if it were a relevant non-domestic hereditament consisting entirely of non-domestic property, none of which was exempt from local non-domestic rating.

(4)Land which (apart from this subsection) would comprise separate hereditaments solely by reason of being divided by a boundary between rating areas shall be treated for the purposes of the definition of “hereditament” in subsection (1) as if it were not so divided.

(5)In this section—

and expressions used in the definition of “annual value” in subsection (1) or in subsection (2) or (3) which are also used in Part III of that Act have the same meaning as in that Part.

Textual Amendments

F513S. 171(1): definition of "national policy statement" inserted (6.4.2009 for certain purposes and otherwise 1.3.2010) by Planning Act 2008 (c. 29), ss. 175(8), 241 (with s. 226); S.I. 2009/400, art. 3; S.I. 2010/101, art. 4(f) (with art. 6)

Marginal Citations

Part VIIE+W Enforcement

Modifications etc. (not altering text)

C184Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

F514[IntroductoryE+W

Textual Amendments

F514Ss. 171A, 171B and cross heading inserted (2.1.1992 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 4(1), (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5); S.I. 1992/1630, art. 2 (with art. 3(1))

F515171A Expressions used in connection with enforcement.E+W

(1)For the purposes of this Act—

(a)carrying out development without the required planning permission; or

(b)failing to comply with any condition or limitation subject to which planning permission has been granted,

constitutes a breach of planning control.

(2)For the purposes of this Act—

(a)the issue of an enforcement notice (defined in section 172);

[F516(aa)the issue of an enforcement warning notice (defined in section 173ZA);] or

(b)the service of a breach of condition notice (defined in section 187A),

constitutes taking enforcement action.

(3)In this Part “planning permission” includes permission under Part III of the 1947 Act, of the 1962 Act or of the 1971 Act.

Textual Amendments

F515Ss. 171A, 171B inserted (2.1.1992 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 4(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5); S.I. 1992/1630, art. 2 (with art. 3(1))

F516S. 171A(2)(aa) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 43(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(c)

F517171B Time limits.E+W

(1)Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

(2)Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

[F518(2A)There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect of relevant demolition (within the meaning of section 196D).]

(3)In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.

(4)The preceding subsections do not prevent—

(a)the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or

(b)taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the local planning authority have taken or purported to take enforcement action in respect of that breach.]

Textual Amendments

F517Ss. 171A, 171B inserted (2.1.1992 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 4(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5); S.I. 1992/1630, art. 2 (with art. 3(1))

Modifications etc. (not altering text)

C186S. 171B(2A) transitional provisions for effects of 2003 c. 24, s. 63, Sch. 17 paras. 1-6 (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 5(4)(b)

[F519171BATime limits in cases involving concealmentE+W

(1)Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land in England, the authority may apply to a magistrates' court for an order under this subsection (a “planning enforcement order”) in relation to that apparent breach of planning control.

(2)If a magistrates' court makes a planning enforcement order in relation to an apparent breach of planning control, the local planning authority may take enforcement action in respect of—

(a)the apparent breach, or

(b)any of the matters constituting the apparent breach,

at any time in the enforcement year.

(3)“The enforcement year” for a planning enforcement order is the year that begins at the end of 22 days beginning with the day on which the court's decision to make the order is given, but this is subject to subsection (4).

(4)If an application under section 111(1) of the Magistrates' Courts Act 1980 (statement of case for opinion of High Court) is made in respect of a planning enforcement order, the enforcement year for the order is the year beginning with the day on which the proceedings arising from that application are finally determined or withdrawn.

(5)Subsection (2)—

(a)applies whether or not the time limits under section 171B have expired, and

(b)does not prevent the taking of enforcement action after the end of the enforcement year but within those time limits.

Textual Amendments

F519Ss. 171BA-171BC inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 124(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

171BBPlanning enforcement orders: procedureE+W

(1)An application for a planning enforcement order in relation to an apparent breach of planning control may be made within the 6 months beginning with the date on which evidence of the apparent breach of planning control sufficient in the opinion of the local planning authority to justify the application came to the authority's knowledge.

(2)For the purposes of subsection (1), a certificate—

(a)signed on behalf of the local planning authority, and

(b)stating the date on which evidence sufficient in the authority's opinion to justify the application came to the authority's knowledge,

is conclusive evidence of that fact.

(3)A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(4)Where the local planning authority apply to a magistrates' court for a planning enforcement order in relation to an apparent breach of planning control in respect of any land, the authority must serve a copy of the application—

(a)on the owner and on the occupier of the land, and

(b)on any other person having an interest in the land that is an interest which, in the opinion of the authority, would be materially affected by the taking of enforcement action in respect of the apparent breach.

(5)The persons entitled to appear before, and be heard by, the court hearing an application for a planning enforcement order in relation to an apparent breach of planning control in respect of any land include—

(a)the applicant,

(b)any person on whom a copy of the application was served under subsection (4), and

(c)any other person having an interest in the land that is an interest which, in the opinion of the court, would be materially affected by the taking of enforcement action in respect of the apparent breach.

(6)In this section “planning enforcement order” means an order under section 171BA(1).

Textual Amendments

F519Ss. 171BA-171BC inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 124(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

171BCMaking a planning enforcement orderE+W

(1)A magistrates' court may make a planning enforcement order in relation to an apparent breach of planning control only if—

(a)the court is satisfied, on the balance of probabilities, that the apparent breach, or any of the matters constituting the apparent breach, has (to any extent) been deliberately concealed by any person or persons, and

(b)the court considers it just to make the order having regard to all the circumstances.

(2)A planning enforcement order must—

(a)identify the apparent breach of planning control to which it relates, and

(b)state the date on which the court's decision to make the order was given.

(3)In this section “planning enforcement order” means an order under section 171BA(1).]

Textual Amendments

F519Ss. 171BA-171BC inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 124(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F520[Planning contravention noticesE+W

Textual Amendments

F520Ss. 171C, 171D and cross heading inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.1 (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F521171C Power to require information about activities on land.E+W

(1)Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who—

(a)is the owner or occupier of the land or has any other interest in it; or

(b)is carrying out operations on the land or is using it for any purpose.

(2)A planning contravention notice may require the person on whom it is served to give such information as to—

(a)any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and

(b)any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted,

as may be specified in the notice.

(3)Without prejudice to the generality of subsection (2), the notice may require the person on whom it is served, so far as he is able—

(a)to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;

(b)to state when any use, operations or activities began;

(c)to give the name and [F522postal] address of any person known to him to use or have used the land for any purpose or to be carrying out, or have carried out, any operations or activities on the land;

(d)to give any information he holds as to any planning permission for any use or operations or any reason for planning permission not being required for any use or operations;

(e)to state the nature of his interest (if any) in the land and the name and [F522postal] address of any other person known to him to have an interest in the land.

(4)A planning contravention notice may give notice of a time and place at which—

(a)any offer which the person on whom the notice is served may wish to make to apply for planning permission, to refrain from carrying out any operations or activities or to undertake remedial works; and

(b)any representations which he may wish to make about the notice,

will be considered by the authority, and the authority shall give him an opportunity to make in person any such offer or representations at that time and place.

(5)A planning contravention notice must inform the person on whom it is served—

(a)of the likely consequences of his failing to respond to the notice and, in particular, that enforcement action may be taken; and

(b)of the effect of section 186(5)(b).

(6)Any requirement of a planning contravention notice shall be complied with by giving information in writing to the local planning authority.

(7)The service of a planning contravention notice does not affect any other power exercisable in respect of any breach of planning control.

(8)In this section references to operations or activities on land include operations or activities in, under or over the land.

Textual Amendments

F521Ss. 171C, 171D inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.1(with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 5)

Modifications etc. (not altering text)

C187S. 171C: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C188S. 171C: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

F523171D Penalties for non-compliance with planning contravention notice.E+W

(1)If, at any time after the end of the period of twenty-one days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.

(2)An offence under subsection (1) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

(3)It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for failing to comply with the requirement.

(4)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)If any person—

(a)makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular; or

(b)recklessly makes such a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(6)A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F523Ss. 171C, 171D inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.1(with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C189S. 171D: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

[F524Temporary stop noticesE+W

Textual Amendments

F524Ss. 171E-171H and cross-heading inserted (6.8.2004 for specified purposes, 7.3.2005 for E. so far as not already in force, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 52, s. 121(1)-(3) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/204, art. 2; S.I. 2015/340, art. 2(c)

171ETemporary stop noticeE+W

(1)This section applies if the local planning authority think—

(a)that there has been a breach of planning control in relation to any land, and

(b)that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.

(2)The authority may issue a temporary stop notice.

(3)The notice must be in writing and must—

(a)specify the activity which the authority think amounts to the breach;

(b)prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice);

(c)set out the authority’s reasons for issuing the notice.

(4)A temporary stop notice may be served on any of the following—

(a)the person who the authority think is carrying on the activity;

(b)a person who the authority think is an occupier of the land;

(c)a person who the authority think has an interest in the land.

(5)The authority must display on the land—

(a)a copy of the notice;

(b)a statement of the effect of the notice and of section 171G.

(6)A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5).

(7)A temporary stop notice ceases to have effect—

(a)at the end of the period of 28 days starting on the day the copy notice is so displayed,

(b)at the end of such shorter period starting on that day as is specified in the notice, or

(c)if it is withdrawn by the local planning authority.

171FTemporary stop notice: restrictionsE+W

(1)A temporary stop notice does not prohibit—

(a)the use of a building as a dwelling house;

(b)the carrying out of an activity of such description or in such circumstances as is prescribed.

(2)A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether or not continuously) for a period of four years ending with the day on which the copy of the notice is first displayed as mentioned in section 171E(6).

(3)Subsection (2) does not prevent a temporary stop notice prohibiting—

(a)activity consisting of or incidental to building, engineering, mining or other operations, or

(b)the deposit of refuse or waste materials.

(4)For the purposes of subsection (2) any period during which the activity is authorised by planning permission must be ignored.

(5)A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the local planning authority has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.

(6)In subsection (5) enforcement action includes obtaining the grant of an injunction under section 187B.

171GTemporary stop notice: offencesE+W

(1)A person commits an offence if he contravenes a temporary stop notice—

(a)which has been served on him, or

(b)a copy of which has been displayed in accordance with section 171E(5).

(2)Contravention of a temporary stop notice includes causing or permitting the contravention of the notice.

(3)An offence under this section may be charged by reference to a day or a longer period of time.

(4)A person may be convicted of more than one such offence in relation to the same temporary stop notice by reference to different days or periods of time.

(5)A person does not commit an offence under this section if he proves—

(a)that the temporary stop notice was not served on him, and

(b)that he did not know, and could not reasonably have been expected to know, of its existence.

(6)A person convicted of an offence under this section is liable [F525on summary conviction, or on conviction on indictment, to a fine].

(7)In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.

Textual Amendments

171HTemporary stop notice: compensationE+W

(1)This section applies if and only if a temporary stop notice is issued and at least one of the following paragraphs applies—

(a)the activity which is specified in the notice is authorised by planning permission or [F526by a development order, a local development order or a neighbourhood development order];

(b)a certificate in respect of the activity is issued under section 191 or granted under that section by virtue of section 195;

(c)the authority withdraws the notice.

(2)Subsection (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in section 171E(6).

(3)Subsection (1)(c) does not apply if the notice is withdrawn following the grant of planning permission as mentioned in subsection (2).

(4)A person who at the time the notice is served has an interest in the land to which the notice relates is entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition effected by the notice.

(5)Subsections (3) to (7) of section 186 apply to compensation payable under this section as they apply to compensation payable under that section; and for that purpose references in those subsections to a stop notice must be taken to be references to a temporary stop notice.]

Textual Amendments

F526Words in s. 171H(1)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 17; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

Enforcement noticesE+W

[F527172 Issue of enforcement notice.E+W

(1)The local planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—

(a)that there has been a breach of planning control; and

(b)that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.

(2)A copy of an enforcement notice shall be served—

(a)on the owner and on the occupier of the land to which it relates; and

(b)on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.

(3)The service of the notice shall take place—

(a)not more than twenty-eight days after its date of issue; and

(b)not less than twenty-eight days before the date specified in it as the date on which it is to take effect.]

Textual Amendments

F527Ss. 172-173A substituted for ss. 172, 173 (25.11.1991 for certain purposes and otherwise 2.1.1992) by 1991 c. 34, s. 5(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C190S. 172: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C191S. 172: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F528172AAssurance as regards prosecution for person served with noticeE+W

(1)When, or at any time after, an enforcement notice is served on a person, the local planning authority may give the person a letter—

(a)explaining that, once the enforcement notice had been issued, the authority was required to serve the notice on the person,

(b)giving the person one of the following assurances—

(i)that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the enforcement notice, or

(ii)that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the matters relating to the enforcement notice that are specified in the letter,

(c)explaining, where the person is given the assurance under paragraph (b)(ii), the respects in which the person is at risk of being prosecuted under section 179 in connection with the enforcement notice, and

(d)stating that, if the authority subsequently wishes to withdraw the assurance in full or part, the authority will first give the person a letter specifying a future time for the withdrawal that will allow the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(2)At any time after a person has under subsection (1) been given a letter containing an assurance, the local planning authority may give the person a letter withdrawing the assurance (so far as not previously withdrawn) in full or part from a time specified in the letter.

(3)The time specified in a letter given under subsection (2) to a person must be such as will give the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(4)Withdrawal under subsection (2) of an assurance given under subsection (1) does not withdraw the assurance so far as relating to prosecution on account of there being a time before the withdrawal when steps had not been taken or an activity had not ceased.

(5)An assurance given under subsection (1) (so far as not withdrawn under subsection (2)) is binding on any person with power to prosecute an offence under section 179.]

Textual Amendments

F528S. 172A inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 125, 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

173F529Contents and effect of notice.E+W

(1)An enforcement notice shall state—

(a)the matters which appear to the local planning authority to constitute the breach of planning control; and

(b)the paragraph of section 171A(1) within which, in the opinion of the authority, the breach falls.

(2)A notice complies with subsection (1)(a) if it enables any person on whom a copy of it is served to know what those matters are.

(3)An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.

(4)Those purposes are—

(a)remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land, by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or

(b)remedying any injury to amenity which has been caused by the breach.

(5)An enforcement notice may, for example, require—

(a)the alteration or removal of any buildings or works;

(b)the carrying out of any building or other operations;

(c)any activity on the land not to be carried on except to the extent specified in the notice; or

(d)the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.

(6)Where an enforcement notice is issued in respect of a breach of planning control consisting of demolition of a building, the notice may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7), is as similar as possible to the demolished building.

(7)A replacement building—

(a)must comply with any requirement imposed by any enactment applicable to the construction of buildings;

(b)may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;

(c)must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b)).

(8)An enforcement notice shall specify the date on which it is to take effect and, subject to sections 175(4) and 289(4A), shall take effect on that date.

(9)An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.

(10)An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 172 to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 174.

(11)Where—

(a)an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and

(b)all the requirements of the notice have been complied with,

then, so far as the notice did not so require, planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.

(12)Where—

(a)an enforcement notice requires the construction of a replacement building; and

(b)all the requirements of the notice with respect to that construction have been complied with,

planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of that construction.

Textual Amendments

F529Ss. 172-173A substituted for ss. 172, 173 (25.11.1991 for certain purposes and otherwise 2.1.1992) by 1991 c. 34, s. 5(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C192S. 173: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C193S. 173(10) applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

[F530173ZAEnforcement warning notice: WalesE+W

(1)This section applies where it appears to the local planning authority that—

(a)there has been a breach of planning control in respect of any land in Wales, and

(b)there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted.

(2)The authority may issue a notice under this section (an “enforcement warning notice”).

(3)A copy of an enforcement warning notice is to be served—

(a)on the owner and the occupier of the land to which the notice relates, and

(b)on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action.

(4)The notice must—

(a)state the matters that appear to the authority to constitute the breach of planning control, and

(b)state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken.

(5)The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.]

Textual Amendments

F530S. 173ZA inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 43(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(c)

173AF531Variation and withdrawal of enforcement notices.E+W

(1)The local planning authority may—

(a)withdraw an enforcement notice issued by them; or

(b)waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 173(9).

(2)The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.

(3)The local planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.

(4)The withdrawal of an enforcement notice does not affect the power of the local planning authority to issue a further enforcement notice.

Textual Amendments

F531Ss. 172-173A substituted for ss. 172, 173 (25.11.1991 for certain purposes and otherwise 2.1.1992) by 1991 c. 34, s. 5(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art. 3 (subject to art. 5)

Modifications etc. (not altering text)

C194S. 173A applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 173A: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

174 Appeal against enforcement notice. E+W

(1)A person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice, whether or not a copy of it has been served on him.

F532[F533(2)An appeal may be brought on any of the following grounds—

(a)that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

(b)that those matters have not occurred;

(c)that those matters (if they occurred) do not constitute a breach of planning control;

(d)that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

(e)that copies of the enforcement notice were not served as required by section 172;

(f)that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g)that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.

[F534(2A)An appeal may not be brought on the ground specified in subsection (2)(a) if—

(a)the land to which the enforcement notice relates is in England, and

(b)the enforcement notice was issued at a time—

(i)after the making of a related application for planning permission, but

(ii)before the end of the period applicable under section 78(2) in the case of that application.

(2B)An application for planning permission for the development of any land is, for the purposes of subsection (2A), related to an enforcement notice if granting planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control.]

[F535(2C)Where any breach of planning control constituted by the matters stated in the notice relates to relevant demolition (within the meaning of section 196D), an appeal may also be brought on the grounds that—

(a)the relevant demolition was urgently necessary in the interests of safety or health;

(b)it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter; and

(c)the relevant demolition was the minimum measure necessary.]

[F536(2D)An appeal against an enforcement notice may not be brought on the ground that planning permission ought to be granted in respect of a breach of planning control constituted by a matter stated in the notice, as specified in subsection (2)(a), if—

(a)the land to which the enforcement notice relates is in Wales, and

(b)the enforcement notice was issued after a decision to refuse planning permission for a related development was upheld on an appeal under section 78 (and for this purpose development is “related” if granting planning permission for it would involve granting planning permission in respect of the matter concerned).

(2E)An appeal may not be brought on the ground that a condition or limitation ought to be discharged, as specified in subsection (2)(a), if—

(a)the land to which the enforcement notice relates is in Wales, and

(b)the enforcement notice was issued after a decision to grant planning permission subject to the condition or limitation was upheld on an appeal under section 78.

(2F)For the purposes of subsections (2D) and (2E), references to a decision that has been upheld on an appeal include references to a decision in respect of which—

(a)the Welsh Ministers have, under section 79(6), declined to determine an appeal or to proceed with the determination of an appeal;

(b)an appeal has been dismissed under section 79(6A).]

F532(3)An appeal under this section shall be made F537. . . —

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date[F533; or

(c)by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.]]

(4)A person who gives notice under subsection (3) shall submit to the Secretary of State, either when giving the notice or within the prescribed time, a statement in writing—

(a)specifying the grounds on which he is appealing against the enforcement notice; and

(b)giving such further information as may be prescribed.

(5)If, where more than one ground is specified in that statement, the appellant does not give information required under subsection (4)(b) in relation to each of those grounds within the prescribed time, the Secretary of State may determine the appeal without considering any ground as to which the appellant has failed to give such information within that time.

(6)In this section “relevant occupier” means a person who—

(a)on the date on which the enforcement notice is issued occupies the land to which the notice relates by virtue of a licence [F538. . .; and

(b)continues so to occupy the land when the appeal is brought.

Textual Amendments

F532S. 174(2)(3) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 6(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F534S. 174(2A)(2B) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(4), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F536S. 174(2D)-(2F) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 46, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(c) (with art. 14)

F538Words in s. 174(6) omitted (2.1.1992) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1),s. 32, Sch. 7 para. 22 (with s. 84(5)); S.I. 1991/2905, art.3, Sch. 1 (subject to art. 5)

Modifications etc. (not altering text)

C195S. 174: power to apply conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

C196S. 174 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 18(1), Sch. 4 Pt. I

S. 174: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C197S. 174 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 1 (with reg. 34)

C198S. 174(1)(2) applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 16, Sch. 4 Pt. 1 (with reg. 36)

C199S. 174(2C) transitional provisions for effects of 2003 c. 24, s. 63, Sch. 17 paras. 1-6 (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 5(4)(b)

C200S. 174(3)-(6) applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 16, Sch. 4 Pt. 1 (with reg. 36)

175 Appeals: supplementary provisions.E+W

(1)The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under section 174 and, in particular, but without prejudice to the generality of this subsection, may—

(a)require the local planning authority to submit, within such time as may be prescribed, a statement indicating the submissions which they propose to put forward on the appeal;

(b)specify the matters to be included in such a statement;

(c)require the authority or the appellant to give such notice of such an appeal as may be prescribed;

(d)require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be prescribed, a copy of the enforcement notice and a list of the persons served with copies of it.

(2)The notice to be prescribed under subsection (1)(c) shall be such notice as in the opinion of the Secretary of State is likely to bring the appeal to the attention of persons in the locality in which the land to which the enforcement notice relates is situated.

(3)Subject to section 176(4), the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

[F539(3A)Subsection (3) does not apply to an appeal against an enforcement notice issued by a local planning authority in England.]

[F540(3B)Subsection (3) does not apply to an appeal against an enforcement notice issued by a local planning authority in Wales.]

(4)Where an appeal is brought under section 174 the enforcement notice shall [F541subject to any order under section 289(4A)] be of no effect pending the final determination or the withdrawal of the appeal.

(5)Where any person has appealed to the Secretary of State against an enforcement notice, no person shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.

(6)Schedule 6 applies to appeals under section 174, including appeals under that section as applied by regulations under any other provisions of this Act.

F542[(7)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings [F543in England] before the Secretary of State on an appeal under section 174 as if those proceedings were an inquiry held by the Secretary of State under section 250.]

Textual Amendments

F539S. 175(3A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 5 (with s. 226); S.I. 2009/400, art. 3

F541Words in s. 175(4) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 6(2) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F542S. 175(7) inserted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 3 (which temp. insertion falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))

F543Words in s. 175(7) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 9; S.I. 2016/52, art. 4(a) (with art. 17)

Modifications etc. (not altering text)

C201S. 175: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C202S. 175(1)–(4)(6): power to apply conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

C203S. 175(3)(6) applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 18(1), Sch. 4 Pt. I

C204S. 175(3) applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 1 (with reg. 34)

C205S. 175(3) applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 16, Sch. 4 Pt. 1 (with reg. 36)

C206S. 175(5)(7) applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

C207S. 175(6) applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 1 (with reg. 34)

C208S. 175(6) applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 16, Sch. 4 Pt. 1 (with reg. 36)

176 General provisions relating to determination of appeals. E+W

F544[(1)On an appeal under section 174 the Secretary of State may—

(a)correct any defect, error or misdescription in the enforcement notice; or

(b)vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(2)Where the Secretary of State determines to allow the appeal, he may quash the notice.

(2A)The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.]

(3)The Secretary of State—

(a)may dismiss an appeal if the appellant fails to comply with section 174(4) within the prescribed time; and

(b)may allow an appeal and quash the enforcement notice if the local planning authority fail to comply with any requirement of regulations made by virtue of paragraph (a), (b), or (d) of section 175(1) within the prescribed period.

(4)If [F545section 175(3) would otherwise apply and] the Secretary of State proposes to dismiss an appeal under paragraph (a) of subsection (3) [F546of this section] or to allow an appeal and quash the enforcement notice under paragraph (b) of that subsection, he need not comply with section 175(3).

(5)Where it would otherwise be a ground for determining an appeal under section 174 in favour of the appellant that a person required to be served with a copy of the enforcement notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.

Textual Amendments

F544S. 176(1)(2)(2A) substituted (2.1.1992) for s. 176(1)(2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.23 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F545Words in s. 176(4) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 6(a) (with s. 226); S.I. 2009/400, art. 3

F546Words in s. 176(4) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 6(b) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C209Ss. 176, 177: power to apply conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

C210S. 176 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 18(1), Sch. 4 Pt. I

S. 176: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C211S. 176 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 1 (with reg. 34)

C212S. 176 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 16, Sch. 4 Pt. 1 (with reg. 36)

177 Grant or modification of planning permission on appeals against enforcement notices. E+W

(1)On the determination of an appeal under section 174, the Secretary of State may—

F547[(a)grant planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control, whether in relation to the whole or any part of those matters or in relation to the whole or any part of the land to which the notice relates;]

(b)discharge any condition or limitation subject to which planning permission was granted;

F548[(c)determine whether, on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which planning permission was granted was lawful and, if so, issue a certificate under section 191.

(1A)The provisions of sections 191 to 194 mentioned in subsection (1B) shall apply for the purposes of subsection (1)(c) as they apply for the purposes of section 191, but as if—

(a)any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and

(b)references to the local planning authority were references to the Secretary of State.

(1B)Those provisions are: sections 191(5) to (7), 193(4) (so far as it relates to the form of the certificate), (6) and (7) and 194]

[F549(1C)[F550If the land to which the enforcement notice relates is in England, subsection] [F550Subsection] (1)(a) applies only if the statement under section 174(4) specifies the ground mentioned in section 174(2)(a).]

(2)In considering whether to grant planning permission under subsection (1), the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, and to any other material considerations.

F551[(3)The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III.]

(4)Where under subsection (1) the Secretary of State discharges a condition or limitation, he may substitute another condition or limitation for it, whether more or less onerous.

(5)[F552[F553Where an appeal against an enforcement notice is brought under section 174 and

(a)the land to which the enforcement notice relates is in Wales, or

(b)that land is in England and]

[F553Where—

(a)an appeal against an enforcement notice is brought under section 174, and

(b)]the statement under section 174(4) specifies the ground mentioned in section 174(2)(a),

the appellant] shall be deemed to have made an application for planning permission [F554in respect of the matters stated in the enforcement notice as constituting a breach of planning control].

F555[(5A)Where—

(a)the statement under subsection (4) of section 174 specifies the ground mentioned in subsection (2)(a) of that section;

(b)any fee is payable under regulations made by virtue of section 303 in respect of the application deemed to be made by virtue of the appeal; and

(c)the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,

then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.]

(6)Any planning permission granted under subsection (1) on an appeal shall be treated as granted on the application deemed to have been made by the appellant.

(7)In relation to a grant of planning permission or a determination under subsection (1) the Secretary of State’s decision shall be final.

(8)For the purposes of section 69 the Secretary of State’s decision shall be treated as having been given by him in dealing with an application for planning permission made to the local planning authority.

Textual Amendments

F548S. 177(1)(c)(1A)(1B) substituted (27.7.1992) for s. 177(1)(c) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 24(1)(b) (with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F549S. 177(1C) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(5), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F550Word in s. 177(1C) substituted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 44(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(c) (with art. 14)

F552Words in s. 177(5) substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(6), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F553S. 177(5)(a)(b) and word substituted for words (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 44(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(c) (with art. 14)

F554Words in s. 177(5) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 24 (3) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F555S. 177(5A) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 6(3), (with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 5)

Modifications etc. (not altering text)

C213Ss. 176, 177: power to apply conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

C214S. 177 applied (with modifications) (1.6.1992) by S.I.1992/656, reg. 18(1), Sch. 4 Pt. I

S. 177: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C215S. 177 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 1 (with reg. 34)

C216S. 177 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 16, Sch. 4 Pt. 1 (with reg. 36)

178 Execution and cost of works required by enforcement notice.E+W

F556[(1)Where any steps required by an enforcement notice to be taken are not taken within the period for compliance with the notice, the local planning authority may—

(a)enter the land and take the steps; and

(b)recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.]

(2)Where a copy of an enforcement notice has been served in respect of any breach of planning control F557. . .—

(a)any expenses incurred by the owner or occupier of any land for the purpose of complying with the notice, and

(b)any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in taking steps required by such a notice to be taken,

shall be deemed to be incurred or paid for the use and at the request of the person by whom the breach of planning control was committed.

(3)Regulations made under this Act may provide that—

(a)section 276 of the M82Public Health Act 1936, (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);

(b)section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); and

(c)section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),

shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by an enforcement notice.

(4)Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which an enforcement notice relates the right, as against all other persons interested in the land, to comply with the requirements of the enforcement notice.

(5)Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local planning authority under subsection (1).

F558[(6)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F558178(6) substituted (2.1.1992) for s. 178(6)(7) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 7(2) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C217S. 178 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 20(1), Sch. 4 Pt. 2

S. 178: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C218S. 178: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(c) (as amended (2.1.1992) by 1991 c. 34, s. 84, Sch. 19; S.I. 1991/2905, art. 3, Sch. 2); S.I. 1992/725, arts. 2, 3

C219Ss. 178-181 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 2 (with reg. 34)

C220Ss. 178-181 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 18, Sch. 4 Pt. 2 (with reg. 36)

Marginal Citations

[F559179 Offence where enforcement notice not complied with.E+W

(1)Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.

(2)Where the owner of the land is in breach of an enforcement notice he shall be guilty of an offence.

(3)In proceedings against any person for an offence under subsection (2), it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.

(4)A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.

(5)A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) shall be guilty of an offence.

(6)An offence under subsection (2) or (5) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the subsection in question by reference to any period of time following the preceding conviction for such an offence.

(7)Where—

(a)a person charged with an offence under this section has not been served with a copy of the enforcement notice; and

(b)the notice is not contained in the appropriate register kept under section 188,

it shall be a defence for him to show that he was not aware of the existence of the notice.

(8)A person guilty of an offence under this section shall be liable [F560on summary conviction, or on conviction on indictment, to a fine].

(9)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.]

Textual Amendments

Modifications etc. (not altering text)

C219Ss. 178-181 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 2 (with reg. 34)

C220Ss. 178-181 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 18, Sch. 4 Pt. 2 (with reg. 36)

C221S. 179: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(c); S.I. 1992/725, arts. 2, 3

S. 179 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 20(1), Sch. 4 Pt. 2

S. 179 applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 179: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 179 restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(a)

C222S. 179 amendment to earlier affecting provision S.I. 1992/656, Sch. 4 Pt. 2 (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 50 (with reg. 5(1))

[F561180 Effect of planning permission, etc., on enforcement or breach of condition notice.E+W

(1)Where, after the service of—

(a)a copy of an enforcement notice; or

(b)a breach of condition notice,

planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

(2)Where after a breach of condition notice has been served any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

(3)The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.]

Textual Amendments

F561S. 180 substituted (2.1.1992 for certain purposes, otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.26 (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

Modifications etc. (not altering text)

C219Ss. 178-181 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 2 (with reg. 34)

C220Ss. 178-181 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 18, Sch. 4 Pt. 2 (with reg. 36)

C223S. 180: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (C.10,SIF 123:1),s. 25(1)(c); S.I. 1992/725, arts. 2,3

S. 180 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 20(1), Sch. 4

S. 180: power to apply conferred (10.11.1993) by 1993 c.28, s. 171(4)(a); S.I. 1993/2762, art. 3

C224S. 180(1)(3) applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

181 Enforcement notice to have effect against subsequent development. E+W

(1)Compliance with an enforcement notice, whether in respect of—

(a)the completion, [F562removal] or alteration of any buildings or works;

(b)the discontinuance of any use of land; or

(c)any other requirements contained in the notice,

shall not discharge the notice.

(2)Without prejudice to subsection (1), any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3)Without prejudice to subsection (1), if any development is carried out on land by way of reinstating or restoring buildings or works which have been [F563removed] or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were [F563removed] or altered; and, subject to subsection (4), the provisions of section 178(1) and (2) shall apply accordingly.

(4)Where, at any time after an enforcement notice takes effect—

(a)any development is carried out on land by way of reinstating or restoring buildings or works which have been [F563removed] or altered in compliance with the notice; and

(b)the local planning authority propose, under section 178(1), to take any steps required by the enforcement notice for the [F562removal] or alteration of the buildings or works in consequence of the reinstatement or restoration,

the local planning authority shall, not less than 28 days before taking any such steps, serve on the owner and occupier of the land a notice of their intention to do so.

(5)Where without planning permission a person carries out any development on land by way of reinstating or restoring buildings or works which have been [F563removed] or altered in compliance with an enforcement notice—

(a)he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, and

(b)no person shall be liable under [F564section 179(2)] for failure to take any steps required to be taken by an enforcement notice by way of [F562removal] or alteration of what has been so reinstated or restored.

Textual Amendments

F562Word in s. 181(1)(a)(4)(b)(5)(b) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 27(a) (with s. 84(5)); S.I. 1991/2905, art.3, Sch. 1 (subject to art. 5)

F563Word in s. 181(3)(4)(5) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 27(b) (with s. 84(5)); S.I. 1991/2905, art.3, Sch. 1(subject to art. 5)

F564Words in s. 181(5)(b) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 27(c) (with s. 84(5)); S.I. 1991/2905, art.3, Sch. 1 (subject to art. 5)

Modifications etc. (not altering text)

C219Ss. 178-181 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 2 (with reg. 34)

C220Ss. 178-181 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 18, Sch. 4 Pt. 2 (with reg. 36)

C225S. 181: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(c); S.I. 1992/725, arts. 2, 3

C226S. 181 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 20(1), Sch. 4 Pt. 2

S. 181 applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 181: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

182 Enforcement by the Secretary of State.E+W

(1)If it appears to the Secretary of State to be expedient that an enforcement notice should be issued in respect of any land, he may issue such a notice.

(2)The Secretary of State shall not issue such a notice without consulting the local planning authority.

(3)An enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.

(4)In relation to an enforcement notice issued by the Secretary of State, sections 178 and 181 shall apply as if for any reference in those sections to the local planning authority there were substituted a reference to the Secretary of State.

Modifications etc. (not altering text)

C227S. 182: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Stop noticesE+W

183 Stop notices. E+W

F565[(1)Where the local planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.

(2)In this section and sections 184 and 186 “relevant activity” means any activity specified in the enforcement notice as an activity which the local planning authority require to cease and any activity carried out as part of that activity or associated with that activity.

(3)A stop notice may not be served where the enforcement notice has taken effect.

(4)A stop notice shall not prohibit the use of any building as a dwellinghouse.

(5)A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.

(5A)Subsection (5) does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.]

(6)A stop notice may be served by the local planning authority on any person who appears to them to have an interest in the land or to be engaged in any activity prohibited by the notice.

(7)The local planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by serving notice to that effect on persons served with the stop notice.

Textual Amendments

F565S. 183(1)-(5A) substituted (2.1.1992) for s. 183(1)-(5) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 9(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C228S. 183: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(c); S.I. 1992/725, arts. 2, 3

C229S. 183 applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch

S. 183: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C230S. 183(1): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

184 Stop notices: supplementary provisions. E+W

(1)A stop notice must refer to the enforcement notice to which it relates and have a copy of that notice annexed to it.

(2)A stop notice must specify the date on which it will take effect (and it cannot be contravened until that date).

F566[(3)That date—

(a)must not be earlier than three days after the date when the notice is served, unless the local planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and

(b)must not be later than twenty-eight days from the date when the notice is first served on any person.]

(4)A stop notice shall cease to have effect when—

(a)the enforcement notice to which it relates is withdrawn or quashed; or

(b)the [F567period for compliance with the enforcement notice] expires; or

(c)notice of the withdrawal of the stop notice is first served under section 183(7).

(5)A stop notice shall also cease to have effect if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice, to be [F568relevant activities].

(6)Where a stop notice has been served in respect of any land, the local planning authority may display there a notice (in this section and section 187 referred to as a “site notice”)—

(a)stating that a stop notice has been served and that any person contravening it may be prosecuted for an offence under section 187,

(b)giving the date when the stop notice takes effect, and

(c)indicating its requirements.

(7)If under section 183(7) the local planning authority withdraw a stop notice in respect of which a site notice was displayed, they must display a notice of the withdrawal in place of the site notice.

(8)A stop notice shall not be invalid by reason that a copy of the enforcement notice to which it relates was not served as required by section [F569172]if it is shown that the local planning authority took all such steps as were reasonably practicable to effect proper service.

Textual Amendments

F567Words in s. 184(4)(b) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 28(a) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C231S. 184: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(c); S.I. 1992/725, art. 2, 3

C232S. 184 applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 184: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

185 Service of stop notices by Secretary of State.E+W

(1)If it appears to the Secretary of State to be expedient that a stop notice should be served in respect of any land, he may himself serve such a notice.

(2)A notice served by the Secretary of State under subsection (1) shall have the same effect as if it had been served by the local planning authority.

(3)The Secretary of State shall not serve such a notice without consulting the local planning authority.

Modifications etc. (not altering text)

C233S. 185: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

186 Compensation for loss due to stop notice.E+W

(1)Where a stop notice is served under section 183 compensation may be payable under this section in respect of a prohibition contained in the notice only if—

(a)the enforcement notice is quashed on grounds other than those mentioned in paragraph (a) of section 174(2);

(b)the enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that [F570any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity];

(c)the enforcement notice is withdrawn by the local planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates F571. . . ; or

(d)the stop notice is withdrawn.

(2)A person who, when the stop notice is first served, has an interest in or occupies the land to which the notice relates shall be entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice or, in a case within subsection (1)(b), [F572the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities].

(3)A claim for compensation under this section shall be made to the local planning authority within the prescribed time and in the prescribed manner.

(4)The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include any sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.

[F573(5)No compensation is payable under this section—

(a)in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

(b)in the case of a claimant who was required to provide information under section 171C or 330 or section 16 of the M83Local Government (Miscellaneous Provisions) Act 1976, in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the local planning authority when responding to the notice.]

(6)Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this Part shall be referred to and determined by the [F574Upper Tribunal].

(7)In relation to the determination of any such question, the provisions of [F575section] 4 of the M84Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.

Textual Amendments

F570Words in s. 186(1)(b) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1) s. 32, Sch. 7 para. 29(a) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C234S. 186 applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

Marginal Citations

187 Penalties for contravention of stop notice. E+W

F576[(1)If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

(1A)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(1B)References in this section to contravening a stop notice include causing or permitting its contravention.

(2)A person guilty of an offence under this section shall be liable [F577on summary conviction, or on conviction on indictment, to a fine].

(2A)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.]

(3)In proceedings for an offence under this section it shall be a defence for the accused to prove—

(a)that the stop notice was not served on him, and

(b)that he did not know, and could not reasonably have been expected to know, of its existence.

Textual Amendments

F576S. 187(1)(1A)(1B)(2)(2A) substituted (2.1.1992) for s. 187(1)(2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 9(4) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C235S. 187: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(c); S.I. 1992/725, arts. 2, 3

C236S. 187 applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 187: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 187 restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(a)

F578[Breach of conditionE+W

Textual Amendments

F578S. 187A and cross heading inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.2 (with s. 84(5)); S.I. 1992/1630, art. 2 (with art. 3(1))

F579187A Enforcement of conditions.E+W

(1)This section applies where planning permission for carrying out any development of land has been granted subject to conditions.

(2)The local planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on—

(a)any person who is carrying out or has carried out the development; or

(b)any person having control of the land,

requiring him to secure compliance with such of the conditions as are specified in the notice.

(3)References in this section to the person responsible are to the person on whom the breach of condition notice has been served.

(4)The conditions which may be specified in a notice served by virtue of subsection (2)(b) are any of the conditions regulating the use of the land.

(5)A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice.

(6)The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions.

(7)The period allowed for compliance with the notice is—

(a)such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice; or

(b)that period as extended by a further notice served by the local planning authority on the person responsible.

(8)If, at any time after the end of the period allowed for compliance with the notice—

(a)any of the conditions specified in the notice is not complied with; and

(b)the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased,

the person responsible is in breach of the notice.

(9)If the person responsible is in breach of the notice he shall be guilty of an offence.

(10)An offence under subsection (9) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

(11)It shall be a defence for a person charged with an offence under subsection (9) to prove—

(a)that he took all reasonable measures to secure compliance with the conditions specified in the notice; or

(b)where the notice was served on him by virtue of subsection (2)(b), that he no longer had control of the land.

(12)A person who is guilty of an offence under subsection (9) shall be liable on summary conviction to a [F580fine—

(a)not exceeding level 4 on the standard scale if the land is in England;

(b)not exceeding level 3 on the standard scale if the land is in Wales].

(13)In this section—

(a)“conditions” includes limitations; and

(b)references to carrying out any development include causing or permitting another to do so.]

Textual Amendments

F579S. 187A and cross heading inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.2 (with s. 84(5)); S.I. 1992/1630, art. 2 (with art. 3(1))

F580Words in s. 187A(12) substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 126(2), 240(2) (with ss. 126(5), 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Modifications etc. (not altering text)

C237S. 187A: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C238S. 187A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

S. 187A restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(a)

F581[InjunctionsE+W

Textual Amendments

F581S. 187B and cross heading inserted (25.11.1991 for certain purposes and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.3 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.3 (subject to art. 5)

F582187B Injunctions restraining breaches of planning control.E+W

(1)Where a local planning authority consider it necessary or expedient for any actual or apprehended breach of planning control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.

(2)On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the breach.

(3)Rules of court may provide for such an injunction to be issued against a person whose identity is unknown.

(4)In this section “the court” means the High Court or the county court.]

Textual Amendments

F582S. 187B and cross heading inserted (25.11.1991 for certain purposes and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.3 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C239S. 187B: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C240S. 187B: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

RegistersE+W

188 Register of enforcement and stop notices [F583and other enforcement action] . E+W

(1)Every district planning authority [F584, every local planning authority for an area in Wales] and the council of every metropolitan district or London borough shall keep, in such manner as may be prescribed by a development order, a register containing such information as may be so prescribed with respect—

[F585(za)to planning enforcement orders,]

(a)to enforcement notices; F586. . .

[F587(aa)to enforcement warning notices,]

(b)to stop notices,[F588and

(c)to breach of condition notices]

which relate to land in their area.

(2)A development order may make provision—

(a)for the entry relating to any [F589planning enforcement order,] enforcement notice[F590, enforcement warning notice,] [F591stop notice or breach of condition notice], and everything relating to [F592any planning enforcement order or] any such notice, to be removed from the register in such circumstances as may be specified in the [F593development] order; and

(b)for requiring a county planning authority to supply to a district planning authority such information as may be so specified with regard to enforcement notices issued and stop notices [F594and breach of condition notices] served by [F595, and planning enforcement orders made on applications made by,] the county planning authority.

(3)Every register kept under this section shall be available for inspection by the public at all reasonable hours.

[F596(4)In this section “planning enforcement order” means an order under section 171BA(1).]

Textual Amendments

F583Words in s. 188 heading inserted (15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 124(2)(e), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(i) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F585S. 188(1)(za) inserted (15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 124(2)(a), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(i) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F587S. 188(1)(aa) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 43(4)(a), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(c)

F588S. 188(1)(c) and 'and' preceding it inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 30(a) (with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F589Words in s. 188(2)(a) inserted (15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 124(2)(b)(i), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(i) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F590Words in s. 188(2)(a) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 43(4)(b), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(c)

F592Words in s. 188(2)(a) inserted (15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 124(2)(b)(ii), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(i) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F593Word in s. 188(2)(a) inserted (15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 124(2)(b)(iii), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(i) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F595Words in s. 188(2)(b) inserted (15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 124(2)(c), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(i) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F596S. 188(4) inserted (15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 124(2)(d), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(i) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Modifications etc. (not altering text)

C241Ss. 178(1)–(5), (7), 179–181, 183, 184, 187, 188: power to apply conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(c); S.I. 1992/725, arts. 2, 3

C242S. 188 applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 188 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 21(1), Sch. 4 Pt. 3

S. 188: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C243S. 188 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 3 (with reg. 34)

Enforcement of orders for discontinuance of use, etc.E+W

189 Penalties for contravention of orders under s. 102 and Schedule 9.E+W

(1)Any person who without planning permission—

(a)uses land, or causes or permits land to be used—

(i)for any purpose for which an order under section 102 or paragraph 1 of Schedule 9 has required that its use shall be discontinued; or

(ii)in contravention of any condition imposed by such an order by virtue of subsection (1) of that section or, as the case may be, sub-paragraph (1) of that paragraph; or

(b)resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals [F597 or involving the depositing of mineral waste] the the resumption of which an order under paragraph 3 of that Schedule has prohibited; or

(c)contravenes, or causes or permits to be contravened, any such requirement as is specified in sub-paragraph (3) or (4) of that paragraph,

shall be guilty of an offence.

(2)Any person who contravenes any requirement of an order under paragraph 5 or 6 of that Schedule or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.

(3)Any person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(4)It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.

(5)If in any case the defence provided by subsection (4) involves an allegation that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

Textual Amendments

F597Words in s. 189(1)(b) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21 Sch. 1 para. 11 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Modifications etc. (not altering text)

C244S. 189: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

190 Enforcement of orders under s. 102 and Schedule 9.E+W

(1)This section applies where—

(a)any step required by an order under section 102 or paragraph 1 of Schedule 9 to be taken for the alteration or removal of any buildings or works or any plant or machinery;

(b)any step required by an order under paragraph 3 of that Schedule to be taken—

(i)for the alteration or removal of plant or machinery; or

(ii)for the removal or alleviation of any injury to amenity; or

(c)any step for the protection of the environment required to be taken by an order under paragraph 5 or 6 of that Schedule,

has not been taken within the period specified in the order or within such extended period as the local planning authority or, as the case may be, the mineral planning authority may allow.

(2)Where this section applies the local planning authority or, as the case may be, the mineral planning authority may enter the land and take the required step.

(3)Where the local planning authority or, as the case may be, the mineral planning authority have exercised their power under subsection (2) they may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

F598(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Section 276 of the M85Public Health Act 1936 shall apply in relation to any works executed by an authority under subsection (2) as it applies in relation to works executed by a local authority under that Act.

Textual Amendments

Modifications etc. (not altering text)

C245S. 190: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

[F599 Certificate of lawful use or developmentE+W

Textual Amendments

F599Ss. 191 - 194 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2 (with art. 3(1)(2))

F600191 Certificate of lawfulness of existing use or development.E+W

(1)If any person wishes to ascertain whether—

(a)any existing use of buildings or other land is lawful;

(b)any operations which have been carried out in, on, over or under land are lawful; or

(c)any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

he may make an application for the purpose to the local planning authority specifying the land and describing the use, operations or other matter.

(2)For the purposes of this Act uses and operations are lawful at any time if—

(a)no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

(b)they do not constitute a contravention of any of the requirements of any enforcement notice then in force.

(3)For the purposes of this Act any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—

(a)the time for taking enforcement action in respect of the failure has then expired; and

(b)it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.

[F601(3A)In determining for the purposes of this section whether the time for taking enforcement action in respect of a matter has expired, that time is to be taken not to have expired if—

(a)the time for applying for an order under section 171BA(1) (a “planning enforcement order”) in relation to the matter has not expired,

(b)an application has been made for a planning enforcement order in relation to the matter and the application has neither been decided nor been withdrawn, or

(c)a planning enforcement order has been made in relation to the matter, the order has not been rescinded and the enforcement year for the order (whether or not it has begun) has not expired.]

(4)If, on an application under this section, the local planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the local planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(5)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

(c)give the reasons for determining the use, operations or other matter to be lawful; and

(d)specify the date of the application for the certificate.

(6)The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.

(7)A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—

(a)section 3(3) of the M86Caravan Sites and Control of Development Act 1960 [F602or section 7(1) of the Mobile Homes (Wales) Act 2013;]

(b)section 5(2) of the M87Control of Pollution Act 1974; and

(c)section 36(2)(a) of the M88Environmental Protection Act 1990.

Textual Amendments

F600S. 191 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2 (with art. 3(1)(2))

F601S. 191(3A) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 124(3), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F602Words in s. 191(7)(a) inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 6(3) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

Modifications etc. (not altering text)

C246S. 191: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C247S. 191 modified (1.8.2000) by S.I. 2000/1973, reg. 10(3) (with reg. 10(14))

C248S. 191(4): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

F603192 Certificate of lawfulness of proposed use or development.E+W

(1)If any person wishes to ascertain whether—

(a)any proposed use of buildings or other land; or

(b)any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the local planning authority specifying the land and describing the use or operations in question.

(2)If, on an application under this section, the local planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(3)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

(c)give the reasons for determining the use or operations to be lawful; and

(d)specify the date of the application for the certificate.

(4)The lawfulness of any use or operations for which a certificate is in force under this section shall be conclusively presumed unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.

Textual Amendments

F603S. 192 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2 (with art. 3(1)(2))

Modifications etc. (not altering text)

C249S. 192: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C250S. 192 modified (1.8.2000) by S.I. 2000/1973, reg. 10(5) (with reg. 10(14))

C251S. 192(2): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

F604193 Certificates under sections 191 and 192: supplementary provisions.E+W

(1)An application for a certificate under section 191 or 192 shall be made in such manner as may be prescribed by a development order and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given under such an order or by the local planning authority.

(2)Provision may be made by a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by local planning authorities.

(3)In particular, such an order may provide for requiring the authority—

(a)to give to any applicant within such time as may be prescribed by the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and

(b)to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.

(4)A certificate under either of those sections may be issued—

(a)for the whole or part of the land specified in the application; and

(b)where the application specifies two or more uses, operations or other matters, for all of them or some one or more of them;

and shall be in such form as may be prescribed by a development order.

(5)A certificate under section 191 or 192 shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.

(6)In section 69 references to applications for planning permission shall include references to applications for certificates under section 191 or 192.

(7)A local planning authority may revoke a certificate under either of those sections if, on the application for the certificate—

(a)a statement was made or document used which was false in a material particular; or

(b)any material information was withheld.

(8)Provision may be made by a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.

Textual Amendments

F604S. 193 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2 (with art. 3(1)(2))

Modifications etc. (not altering text)

C252S. 193: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

F605194 Offences.E+W

(1)If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for the issue of a certificate under section 191 or 192—

(a)knowingly or recklessly makes a statement which is false or misleading in a material particular;

(b)with intent to deceive, uses any document which is false or misleading in a material particular; or

(c)with intent to deceive, withholds any material information,

he shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

(3)Notwithstanding section 127 of the M89Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under subsection (1) whenever laid.]

Textual Amendments

F605S. 194 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2 (with art. 3(1)(2))

Modifications etc. (not altering text)

C253S. 194: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

195 Appeals against refusal or failure to give decision on application.E+W

(1)Where an application is made to a local planning authority for [F606a certificate under section 191 or 192] and—

(a)the application is refused or is refused in part, or

(b)the authority do not give notice to the applicant of their decision on the application within such period as may be prescribed by a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority,

the applicant may by notice appeal to the Secretary of State.

[F607(1B)A notice of appeal under this section must be—

(a)served within such time and in such manner as may be prescribed by a development order;

(b)accompanied by such information as may be prescribed by such an order.

(1C)The time prescribed for the service of a notice of appeal under this section must not be less than—

(a)28 days from the date of notification of the decision on the application; or

(b)in the case of an appeal under subsection (1)(b), 28 days from—

(i)the end of the period prescribed as mentioned in subsection (1)(b), or

(ii)as the case may be, the extended period mentioned in subsection (1)(b).

F608(1D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F609(1DA)Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

(1DB)A development order which makes provision under subsection (1DA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.]

F608(1E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F608(1F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)On any such appeal, if and so far as the Secretary of State is satisfied—

(a)in the case of an appeal under subsection (1)(a), that the authority’s refusal is not well-founded, or

(b)in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded,

he shall grant the appellant [F610a certificate under section 191 or, as the case may be, 192] accordingly or, in the case of a refusal in part, modify the certificate granted by the authority on the application.

(3)If and so far as the Secretary of State is satisfied that the authority’s refusal is or, as the case may be, would have been well-founded, he shall dismiss the appeal.

F611[(4)References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question.]

(5)For the purposes of the application [F612in relation to England] of section 288(10)(b) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.

[F613(5A)For the purposes of the application in relation to Wales of sections 288(10)(b) and 319B(7)(d) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.]

(6)Schedule 6 applies to appeals under this section.

Textual Amendments

F607S. 195(1B)-(1F) inserted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 3 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F608S. 195(1D)-(1F) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(3)

F609S. 195(1DA)(1DB) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 47(2), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(b) (with art. 4)

Modifications etc. (not altering text)

C254S. 195: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

196 Further provisions as to references and appeals to the Secretary of State.E+W

(1)Before determining F614. . . an appeal to him under section 195(1), the Secretary of State shall, if either the [F615appellant] or the local planning authority so wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

[F616(1B)Subsection (1) does not apply to an appeal to the Welsh Ministers.]

(2)Where the Secretary of State grants [F617a certificate under section 191 or 192 on] such a reference or [F618an appeal under section 195(1)], he shall give notice to the local planning authority of that fact.

(3)The decision of the Secretary of State on such F619. . . appeal shall be final.

(4)The information which may be prescribed as being required to be contained in a register kept under section 69 shall include information with respect to [F620certificates under section 191 or 192] granted by the Secretary of State.

F621(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F621(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F621(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F622[(8)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings [F623in England] before the Secretary of State on an appeal under section 195 as if those proceedings were an inquiry held by the Secretary of State under section 250.]

Textual Amendments

F622S. 196(8) inserted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 4 (which temp. insertion falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))

F623Words in s. 196(8) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 10; S.I. 2016/52, art. 4(a) (with art. 17)

Modifications etc. (not altering text)

C255S. 196: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

F624[Rights of entry for enforcement purposesE+W

Textual Amendments

F624Ss. 196A - 196C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F625196A Rights to enter without warrant.E+W

(1)Any person duly authorised in writing by a local planning authority may at any reasonable hour enter any land—

(a)to ascertain whether there is or has been any breach of planning control on the land or any other land;

(b)to determine whether any of the powers conferred on a local planning authority by this Part should be exercised in relation to the land or any other land;

(c)to determine how any such power should be exercised in relation to the land or any other land;

(d)to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,

if there are reasonable grounds for entering for the purpose in question.

(2)Any person duly authorised in writing by the Secretary of State may at any reasonable hour enter any land to determine whether an enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.

(3)The Secretary of State shall not so authorise any person without consulting the local planning authority.

(4)Admission to any building used as a dwellinghouse shall not be demanded as of right by virtue of subsection (1) or (2) unless twenty-four hours’ notice of the intended entry has been given to the occupier of the building.

Textual Amendments

F625S. 196A: ss. 196A - 196C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C256S. 196A: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C257S. 196A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

F626196B Right to enter under warrant.E+W

(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 196A(1) or (2); and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.

(2)For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.

Textual Amendments

F626196B: Ss. 196A- 196C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C258S. 196B: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

F627196C Rights of entry: supplementary provisions.E+W

(1)A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 196A or 196B (referred to in this section as “a right of entry”)—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.

(4)The provisions of section 118 shall apply in relation to compensation under subsection (3) as they apply in relation to compensation under Part IV.

(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(6)Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(8)In sections 196A and 196B and this section references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.]

Textual Amendments

F627S. 196C: ss. 196A- 196C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C259S. 196C: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

[F628Conservation areasE+W

Textual Amendments

196DOffence of failing to obtain planning permission for demolition of unlisted etc buildings in conservation areas in EnglandE+W

(1)It is an offence for a person to carry out or cause or permit to be carried out relevant demolition without the required planning permission.

(2)It is also an offence for a person to fail to comply with any condition or limitation subject to which planning permission for relevant demolition is granted.

(3)In this section “relevant demolition” means the demolition of a building that—

(a)is situated in a conservation area in England; and

(b)is not a building to which section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 does not apply by virtue of section 75 of that Act (listed buildings, certain ecclesiastical buildings, scheduled monuments and buildings described in a direction of the Secretary of State under that section).

(4)It is a defence for a person accused of an offence under this section to prove the following matters—

(a)that the relevant demolition was urgently necessary in the interests of safety or health;

(b)that it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;

(c)that the relevant demolition was the minimum measure necessary; and

(d)that notice in writing of the relevant demolition was given to the local planning authority as soon as reasonably practicable.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(6)In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has effect as if the reference to 12 months were to 6 months.

(7)In relation to an offence committed before the coming into force of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, subsection (5)(a) has effect as if the reference to a fine were a reference to a fine not exceeding £20,000.

(8)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to that person in consequence of the offence.

(9)Where, after a person commits an offence under this section, planning permission is granted for any development carried out before the grant of the permission, that grant does not affect the person's liability for the offence.]

Modifications etc. (not altering text)

Part VIIIE+W Special Controls

Modifications etc. (not altering text)

C261Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)

Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)

Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Chapter IE+W Trees

General duty of planning authorities as respects treesE+W

197 Planning permission to include appropriate provision for preservation and planting of trees.E+W

It shall be the duty of the local planning authority—

(a)to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and

(b)to make such orders under section 198 as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.

[F629Nothing in this section applies in relation to neighbourhood development orders.]

Textual Amendments

F629Words in s. 197 inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 18; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Modifications etc. (not altering text)

C262S. 197: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C263S. 197: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Tree preservation ordersE+W

198 Power to make tree preservation orders.E+W

(1)If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, they may for that purpose make an order with respect to such trees, groups of trees or woodlands as may be specified in the order.

(2)An order under subsection (1) is in this Act referred to as a “tree preservation order”.

(3)[F630A tree preservation order may, in particular, make provision—

(a)for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees except with the consent of the local planning authority, and for enabling that authority to give their consent subject to conditions;

(b)for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;

(c)for applying, in relation to any consent under the order, and to applications for such consent, any of the provisions of this Act mentioned in subsection (4), subject to such adaptations and modifications as may be specified in the order.]

(4)[F630The provisions referred to in subsection (3)(c) are—

(a)the provisions of Part III relating to planning permission and to applications for planning permission, except sections 56, 62, 65 F631. . ., 69(3) and (4), 71, F632. . ., 91 to 96, 100 and 101 and Schedule 8; and

(b)sections 137 to 141, 143 and 144 (except so far as they relate to purchase notices served in consequence of such orders as are mentioned in section 137(1)(b) or (c));

(c)section 316.]

(5)A tree preservation order may be made so as to apply, in relation to trees to be planted pursuant to any such conditions as are mentioned in section 197(a), as from the time when those trees are planted.

(6)[F633Without prejudice to any other exemptions for which provision may be made by a tree preservation order, no such order shall apply—

(a)to the cutting down, uprooting, topping or lopping of trees which are dying or dead or have become dangerous, or

(b)to the cutting down, uprooting, topping or lopping of any trees in compliance with any obligations imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance.]

(7)[F634This section] [F634Tree preservation regulations] shall have effect subject to—

(a)section 39(2) of the M90Housing and Planning Act 1986 (saving for effect of section 2(4) of the M91Opencast Coal Act 1958 on land affected by a tree preservation order despite its repeal); and

(b)section 15 of the M92Forestry Act 1967 (licences under that Act to fell trees comprised in a tree preservation order).

[F635(8)[F636In relation to an application for consent under a tree preservation order the appropriate authority may by regulations make provision as to—

(a)the form and manner in which the application must be made;

(b)particulars of such matters as are to be included in the application;

(c)the documents or other materials as are to accompany the application.]

(9)[F636The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.]]

Textual Amendments

F630S. 198(3)(4) repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(2)(a), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

F634Words in s. 198(7) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 8 (with s. 226); S.I. 2012/601, art. 2(a)

F635 S. 198(8)(9) inserted (6.8.2004 for certain purposes and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(3), 121 (with s. 111); S.I. 2004/2097, art. 2

F636S. 198(8)(9) repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(2)(c), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications etc. (not altering text)

C264 S. 198: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C265 S. 198: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

199 Form of and procedure applicable to orders.E+W

[F637(1)A tree preservation order shall not take effect until it is confirmed by the local planning authority and the local planning authority may confirm any such order either without modification or subject to such modifications as they consider expedient.

(2)Provision may be made by regulations under this Act with respect—

(a)to the form of tree preservation orders, and

(b)to the procedure to be followed in connection with the making and confirmation of such orders.

(3)Without prejudice to the generality of subsection (2), the regulations may make provision—

(a)that, before a tree preservation order is confirmed by the local planning authority, notice of the making of the order shall be given to the owners and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;

(b)that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the local planning authority; and

(c)that copies of the order, when confirmed by the authority, shall be served on such persons as may be specified in the regulations.]

Textual Amendments

Modifications etc. (not altering text)

C266S. 199: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C267S. 199: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F639200Tree preservation orders: Forestry Commissioners [F638and Natural Resources Body for Wales] E+W

(1)[F640A tree preservation order does not] [F640Tree preservation regulations do not] have effect in respect of anything done—

(a)by or on behalf of the Forestry Commissioners [F641or the Natural Resources Body for Wales] on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision;

(b)by or on behalf of any other person in accordance with a relevant plan which is for the time being in force.

(2)A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners [F642or the Natural Resources Body for Wales] under—

(a)a forestry dedication covenant within the meaning of section 5 of the Forestry Act 1967, or

(b)conditions of a grant or loan made [F643by the Forestry Commissioners] under section 1 of the Forestry Act 1979 [F644or made by the Natural Resources Body for Wales under article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903) for or in connection with the use or management of land for forestry purposes].

(3)A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.]

Textual Amendments

F640Words in s. 200(1) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 9 (with s. 226); S.I. 2012/601, art. 2(a)

Modifications etc. (not altering text)

C268S. 200: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C269S. 200: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

201 Provisional tree preservation orders.E+W

[F645(1)If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.

(2)Notwithstanding section 199(1), an order which contains such a direction—

(a)shall take effect provisionally on such date as may be specified in it, and

(b)shall continue in force by virtue of this section until—

(i)the expiration of a period of six months beginning with the date on which the order was made; or

(ii)the date on which the order is confirmed,

whichever first occurs.]

Textual Amendments

Modifications etc. (not altering text)

C270S. 201: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 201 applied (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 3

C271S. 201: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

202 Power for Secretary of State to make tree preservation orders.E+W

(1)If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that a tree preservation order or an order amending or revoking such an order should be made, he may himself make such an order.

(2)Any order so made by the Secretary of State shall [F646have the same effect as if it had been made by the local planning authority and confirmed by them under this Chapter.] [F646, once it has taken effect in accordance with tree preservation regulations, have the same effect as if it had been made by the local planning authority under section 198(1).]

(3)[F647The provisions of this Chapter and of any regulations made under it with respect to the procedure to be followed in connection with the making and confirmation of any order to which subsection (1) applies and the service of copies of it as confirmed shall have effect, subject to any necessary modifications—

(a)in relation to any proposal by the Secretary of State to make such an order,

(b)in relation to the making of it by the Secretary of State, and

(c)in relation to the service of copies of it as so made.]

Textual Amendments

F646Words in s. 202(2) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 10 (with s. 226); S.I. 2012/601, art. 2(a)

F647S. 202(3) repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(5), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications etc. (not altering text)

C272S. 202: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C273S. 202: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F648202ATree preservation regulations: generalE+W

(1)The appropriate national authority may by regulations make provision in connection with tree preservation orders.

(2)Sections 202B to 202G make further provision about what may, in particular, be contained in regulations under subsection (1).

(3)In this section and those sections “tree preservation order” includes an order under section 202(1).

(4)In this Act “tree preservation regulations” means regulations under subsection (1).

(5)In subsection (1) “the appropriate national authority”—

(a)in relation to England means the Secretary of State, and

(b)in relation to Wales means the Welsh Ministers.

F649(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F648Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)

F649S. 202A(6)(7) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(3)

202BTree preservation regulations: making of tree preservation ordersE+W

(1)Tree preservation regulations may make provision about—

(a)the form of tree preservation orders;

(b)the procedure to be followed in connection with the making of tree preservation orders;

(c)when a tree preservation order takes effect.

(2)If tree preservation regulations make provision for tree preservation orders not to take effect until confirmed, tree preservation regulations may—

(a)make provision for tree preservation orders to take effect provisionally until confirmed;

(b)make provision about who is to confirm a tree preservation order;

(c)make provision about the procedure to be followed in connection with confirmation of tree preservation orders.

Textual Amendments

F648Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)

202CTree preservation regulations: prohibited activitiesE+W

(1)Tree preservation regulations may make provision for prohibiting all or any of the following—

(a)cutting down of trees;

(b)topping of trees;

(c)lopping of trees;

(d)uprooting of trees;

(e)wilful damage of trees;

(f)wilful destruction of trees.

(2)A prohibition imposed on a person may (in particular) relate to things whose doing the person causes or permits (as well as to things the person does).

(3)A prohibition may be imposed subject to exceptions.

(4)In particular, provision may be made for a prohibition not to apply to things done with consent.

(5)In this section “tree” means a tree in respect of which a tree preservation order is in force.

Textual Amendments

F648Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)

202DTree preservation regulations: consent for prohibited activitiesE+W

(1)This section applies if tree preservation regulations make provision under section 202C(4).

(2)Tree preservation regulations may make provision—

(a)about who may give consent;

(b)for the giving of consent subject to conditions;

(c)about the procedure to be followed in connection with obtaining consent.

(3)The conditions for which provision may be made under subsection (2)(b) include—

(a)conditions as to planting of trees;

(b)conditions requiring approvals to be obtained from the person giving the consent;

(c)conditions limiting the duration of the consent.

(4)The conditions mentioned in subsection (3)(a) include—

(a)conditions requiring trees to be planted;

(b)conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done;

(c)conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a).

(5)In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision —

(a)for the tree preservation order concerned to apply to the tree;

(b)authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree.

(6)“The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations.

(7)The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to—

(a)the form or manner in which an application is to be made;

(b)what is to be in, or is to accompany, an application.

(8)Tree preservation regulations may make provision for appeals—

(a)against refusal of consent;

(b)where there is a failure to decide an application for consent;

(c)against conditions subject to which consent is given;

(d)against refusal of an approval required by a condition;

(e)where there is a failure to decide an application for such an approval.

(9)Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including—

(a)provision imposing time limits;

(b)provision for further appeals;

(c)provision in connection with the procedure to be followed on an appeal (or further appeal);

(d)provision about who is to decide an appeal (or further appeal);

(e)provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal).

Textual Amendments

F648Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)

202ETree preservation regulations: compensationE+W

(1)Tree preservation regulations may make provision for the payment of compensation—

(a)where any consent required under tree preservation regulations is refused;

(b)where any such consent is given subject to conditions;

(c)where any approval required under such a condition is refused.

(2)Tree preservation regulations may provide for entitlement conferred under subsection (1) to apply only in, or to apply except in, cases specified in tree preservation regulations.

(3)Tree preservation regulations may provide for entitlement conferred by provision under subsection (1) to be subject to conditions, including conditions as to time limits.

(4)Tree preservation regulations may, in relation to compensation under provision under subsection (1), make provision about—

(a)who is to pay the compensation;

(b)who is entitled to the compensation;

(c)what the compensation is to be paid in respect of;

(d)the amount, or calculation of, the compensation.

(5)Tree preservation regulations may make provision about the procedure to be followed in connection with claiming any entitlement conferred by provision under subsection (1).

(6)Tree preservation regulations may make provision for the determination of disputes about entitlement conferred by provision under subsection (1), including provision for and in connection with the referral of any such disputes to, and their determination by, the First-tier Tribunal or the Upper Tribunal.

Textual Amendments

F648Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)

202FTree preservation regulations: registersE+W

Tree preservation regulations may make provision for the keeping of, and public access to, registers containing information related to tree preservation orders.

Textual Amendments

F648Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)

202GTree preservation regulations: supplementaryE+W

(1)Tree preservation regulations may provide for the application (with or without modifications) of, or make provision comparable to, any provision of this Act mentioned in subsection (2).

(2)The provisions are any provision of Part 3 relating to planning permission or applications for planning permission, except sections 56, 62, 65, 69(3) and (4), 71, 91 to 96, 100 and 101 and Schedule 8.

(3)Tree preservation regulations may make provision comparable to—

(a)any provision made by the Town and Country Planning (Tree Preservation Order) Regulations 1969 or the Town and Country Planning (Trees) Regulations 1999;

(b)any provision that could have been made under section 199(2) and (3).

(4)Tree preservation regulations may contain incidental, supplementary, consequential, transitional and transitory provision and savings.]

Textual Amendments

F648Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)

Compensation for loss or damage caused by orders, etc.E+W

203 Compensation in respect of tree preservation orders.E+W

[F650A tree preservation order may make provision for the payment by the local planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence—

(a)of the refusal of any consent required under the order, or

(b)of the grant of any such consent subject to conditions.]

Textual Amendments

F650Ss. 203-205 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(6), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications etc. (not altering text)

C274S. 203: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

204 Compensation in respect of requirement as to replanting of trees.E+W

[F650(1)This section applies where—

(a)in pursuance of provision made by a tree preservation order, a direction is given by the local planning authority or the Secretary of State for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order; and

(b)the [F651Natural Resources Body for Wales] decide not to make any grant or loan under [F652article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)] in respect of the replanting by reason that the direction frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry.

(2)Where this section applies, the local planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the direction.

(3)The [F651Natural Resources Body for Wales] shall, at the request of the person under a duty to comply with such a direction as is mentioned in subsection (1)(a), give a certificate stating—

(a)whether they have decided not to make such a grant or loan as is mentioned in subsection (1)(b), and

(b)if so, the grounds for their decision.

(4)A claim for compensation under this section must be served on the local planning authority—

(a)within 12 months from the date on which the direction was given, or

(b)where an appeal has been made to the Secretary of State against the decision of the local planning authority, within 12 months from the date of the decision of the Secretary of State on the appeal,

but subject in either case to such extension of that period as the local planning authority may allow.]

Textual Amendments

F650Ss. 203-205 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(6), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications etc. (not altering text)

C275S. 204: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

205 Determination of compensation claims.E+W

[F650(1)Except in so far as may be otherwise provided by any tree preservation order or any regulations made under this Act, any question of disputed compensation under section 203 or 204 shall be referred to and determined by the [F653Upper Tribunal].

(2)In relation to the determination of any such question, the provisions of [F654section] 4 of the M93Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.]

Textual Amendments

F650Ss. 203-205 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(6), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications etc. (not altering text)

C276S. 205: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

Consequences of tree removal, etc.E+W

206 Replacement of trees.E+W

(1)If any tree in respect of which a tree preservation order is for the time being in force—

(a)is removed, uprooted or destroyed in contravention of [F655the order] [F655tree preservation regulations], or

(b)except in the case of a tree to which the order applies as part of a woodland, is removed, uprooted or destroyed or dies [F656at a time when its cutting down or uprooting is authorised only by virtue of section 198(6)(a),] [F656at a prescribed time,]

it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

(2)The duty imposed by subsection (1) does not apply to an owner if on application by him the local planning authority dispense with it.

(3)In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees—

(a)on or near the land on which the trees removed, uprooted or destroyed stood, or

(b)on such other land as may be agreed between the local planning authority and the owner of the land,

and in such places as may be designated by the local planning authority.

(4)In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.

(5)The duty imposed by subsection (1) on the owner of any land shall attach to the person who is from time to time the owner of the land.

Textual Amendments

F655Words in s. 206(1)(a) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 11(a) (with s. 226); S.I. 2012/601, art. 2(a)

F656Words in s. 206(1)(b) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 11(b) (with s. 226); S.I. 2012/601, art. 2(a)

Modifications etc. (not altering text)

C277S. 206: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C278S. 206: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C280S. 206(1) excluded (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 38(2)(b) (with arts. 12, 13, Sch. 12)

207 Enforcement of duties as to replacement of trees.E+W

(1)If it appears to the local planning authority that—

(a)the provisions of section 206, or

(b)any conditions of a consent given under [F657a tree preservation order] [F657tree preservation regulations] which require the replacement of trees,

are not complied with in the case of any tree or trees, that authority may serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.

(2)A notice under subsection (1) may only be served within four years from the date of the alleged failure to comply with those provisions or conditions.

F658[(3)A notice under subsection (1) shall specify a period at the end of which it is to take effect.

F658(4)The specified period shall be a period of not less than twenty-eight days beginning with the date of service of the notice.]

(5)The duty imposed by section 206(1) may only be enforced as provided by this section and not otherwise.

Textual Amendments

F657Words in s. 207(1)(b) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 12 (with s. 226); S.I. 2012/601, art. 2(a)

F658S. 207(3)(4) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C286S. 207: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C287S. 207: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

208 Appeals against s. 207 notices.E+W

(1)A person on whom a notice under section 207(1) is served may appeal to the Secretary of State against the notice on any of the following grounds—

(a)that the provisions of section 206 or, as the case may be, the conditions mentioned in section 207(1)(b) are not applicable or have been complied with;

F659[(aa)that in all the circumstances of the case the duty imposed by section 206(1) should be dispensed with in relation to any tree;]

(b)that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified in it;

(c)that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;

(d)that the place on which the tree is or trees are required to be planted is unsuitable for that purpose.

F660[(2)An appeal under subsection (1) shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the end of the period specified in accordance with section 207(3); or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period.]

[F661(4)The notice shall—

(a)indicate the grounds of the appeal,

(b)state the facts on which the appeal is based, and

(c)be accompanied by such information as may be prescribed.

(4A)The power to make regulations under subsection (4)(c) is exercisable by—

(a)the Secretary of State, in relation to England;

(b)the Welsh Ministers, in relation to Wales.

F662(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F662(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)On [F663an appeal under subsection (1)] the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

[F664(5B)Subsection (5) does not apply to an appeal to the Welsh Ministers.]

(6)Where [F665an appeal is brought under subsection (1)], the notice under section 207(1) shall be of no effect pending the final determination or the withdrawal of the appeal.

F666[(7)On such an appeal the Secretary of State may—

(a)correct any defect, error or misdescription in the notice; or

(b)vary any of its requirements,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

F666(8)Where the Secretary of State determines to allow the appeal, he may quash the notice.

F666(8A)The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.]

(9)Schedule 6 applies to appeals under this section.

(10)Where any person has appealed to the Secretary of State under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.

F667[(11)[F668Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.]]

Textual Amendments

F660S. 208(2) substituted (2.1.1992) for s. 208(2)(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(3) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F661S. 208(4)-(4C) substituted for s. 208(4) (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 4(2) (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F662S. 208(4B)(4C) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(4)

F663Words in s. 208(5) substituted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 4(3) (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F666S. 208(7)(8)(8A) substituted (2.1.1992) for s. 208(7)(8) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(4) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F667S. 208(11) inserted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 5 (which temp. insertion falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))

F668S. 208(11) omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 11

Modifications etc. (not altering text)

C288S. 208: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C289S. 208: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

209 Execution and cost of works required by s. 207 notice.E+W

(1)If, within the period specified in a notice under section 207(1) for compliance with it, or within such extended period as the local planning authority may allow, any trees which are required to be planted by a notice under that section have not been planted, the local planning authority may—

(a)enter the land and plant those trees, and

(b)recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(2)Where such a notice has been served—

(a)any expenses incurred by the owner of any land for the purpose of complying with the notice, and

(b)any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in planting trees required by such a notice to be planted,

shall be deemed to be incurred or paid for the use and at the request of any person, other than the owner, responsible for the cutting down, destruction or removal of the original tree or trees.

(3)Regulations made under this Act may provide that—

(a)section 276 of the M94Public Health Act 1936 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);

(b)section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); or

(c)section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),

shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice under section 207(1).

(4)Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.

(5)Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local authority [F669or National Park authority] under subsection (1).

F670[(6)Any person who wilfully obstructs a person acting in the exercise of the power under subsection (1)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F669Words in s. 209(5) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F670S. 209(6) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(5)(with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 5)

Modifications etc. (not altering text)

C290S. 209: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C291S. 209: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C292S. 209(1)(2)(6) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 8(3)(4)

Marginal Citations

210 Penalties for non-compliance with tree preservation [F671order] [F671regulations] .E+W

(1)If any person, in contravention of [F672a tree preservation order] [F672tree preservation regulations] —

(a)cuts down, uproots or wilfully destroys a tree, [F673or]

(b)wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, [F674or

(c)causes or permits the carrying out of any of the activities in paragraph (a) or (b),]

he shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) shall be liable [F675on summary conviction, or on conviction on indictment, to a fine].

(3)In determining the amount of any fine to be imposed on a person convicted F676. . . of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(4)If any person contravenes the provisions of [F677a tree preservation order] [F677tree preservation regulations] otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

[F678(4A)Proceedings for an offence under subsection (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.

(4B)Subsection (4A) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.

(4C)For the purposes of subsection (4A), a certificate—

(a)signed by or on behalf of the prosecutor, and

(b)stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,

is conclusive evidence of that fact.

(4D)A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(4E)Subsection (4A) does not apply in relation to an offence in respect of a tree in Wales.]

F679(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F671Word in s. 210 side-note substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 13(4) (with s. 226); S.I. 2012/601, art. 2(a)

F672Words in s. 210(1) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 13(2)(a) (with s. 226); S.I. 2012/601, art. 2(a)

F673Word in s. 210(1)(a) omitted (6.4.2012 for E.) by virtue of Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 13(2)(b) (with s. 226); S.I. 2012/601, art. 2(a)

F674S. 210(1)(c) and word inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 13(2)(c) (with s. 226); S.I. 2012/601, art. 2(a)

F677Words in s. 210(4) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 13(3) (with s. 226); S.I. 2012/601, art. 2(a)

F678S. 210(4A)-(4E) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 126(3), 240(2) (with ss. 126(5), 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Modifications etc. (not altering text)

C293S. 210: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C294S. 210: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Trees in conservation areasE+W

211 Preservation of trees in conservation areas.E+W

(1)Subject to the provisions of this section and section 212, any person who, in relation to a tree to which this section applies, does any act [F680which might by virtue of section 198(3)(a) be prohibited by a tree preservation order] [F680which might by virtue of section 202C be prohibited by tree preservation regulations] shall be guilty of an offence.

[F681(1A)Subsection (1) does not apply so far as the act in question is authorised by an order granting development consent.]

(2)Subject to section 212, this section applies to any tree in a conservation area in respect of which no tree preservation order is for the time being in force.

(3)It shall be a defence for a person charged with an offence under subsection (1) to prove—

(a)that he served notice of his intention to do the act in question (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is or was situated; and

(b)that he did the act in question—

(i)with the consent of the local planning authority in whose area the tree is or was situated, or

(ii)after the expiry of the period of six weeks from the date of the notice but before the expiry of the period of two years from that date.

(4)Section 210 shall apply to an offence under this section as it applies to a contravention of [F682a tree preservation order] [F682tree preservation regulations] .

[F683(5)An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—

(a)the first condition is satisfied, and

(b)either the second or third condition is satisfied.

[F684(5A)Subsection (5) does not apply so far as the act in question is authorised by an order granting development consent.]

(6)The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is situated.

(7)The second condition is that the act is done with the consent of the authority.

(8)The third condition is that the act is done—

(a)after the end of the period of six weeks starting with the date of the notice, and

(b)before the end of the period of two years starting with that date.]

Textual Amendments

F680Words in s. 211(1) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 14(a) (with s. 226); S.I. 2012/601, art. 2(a)

F681S. 211(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 36(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F682Words in s. 211(4) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 14(b) (with s. 226); S.I. 2012/601, art. 2(a)

F684S. 211(5A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 36(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

Modifications etc. (not altering text)

C295S. 211: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 211 excluded (2.8.1999) by S.I. 1999/1892, reg. 10(1)

C296S. 211: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C298S. 211(1) excluded (18.12.1996) by 1996 c. 61, s. 28(1)(b)

C299S. 211(1) excluded (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 28(4)(b) (with art. 38)

C301S. 211(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 19

C302S. 211(5) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 19

212 Power to disapply s. 211.E+W

(1)The Secretary of State may by regulations direct that section 211 shall not apply in such cases as may be specified in the regulations.

(2)Without prejudice to the generality of subsection (1), the regulations may be framed so as to exempt from the application of that section cases defined by reference to all or any of the following matters—

(a)acts of such descriptions or done in such circumstances or subject to such conditions as may be specified in the regulations;

(b)trees in such conservation areas as may be so specified;

(c)trees of a size or species so specified; or

(d)trees belonging to persons or bodies of a description so specified.

(3)The regulations may, in relation to any matter by reference to which an exemption is conferred by them, make different provision for different circumstances.

(4)[F685Regulations under subsection (1) may in particular, but without prejudice to the generality of that subsection, exempt from the application of section 211 cases exempted from section 198 by subsection (6) of that section.]

Textual Amendments

Modifications etc. (not altering text)

C303S. 212: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C304S. 212: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

213 Enforcement of controls as respects trees in conservation areas.E+W

(1)If any tree to which section 211 applies—

(a)is removed, uprooted or destroyed in contravention of that section; or

(b)is removed, uprooted or destroyed or dies [F686at a time when its cutting down or uprooting is authorised only by virtue of the provisions of such regulations under subsection (1) of section 212 as are mentioned in subsection (4) of that section,] [F686at a prescribed time,]

it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

(2)The duty imposed by subsection (1) does not apply to an owner if on application by him the local planning authority dispense with it.

(3)The duty imposed by subsection (1) on the owner of any land attaches to the person who is from time to time the owner of the land and may be enforced as provided by section 207 and not otherwise.

Textual Amendments

F686Words in s. 213(1)(b) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 16 (with s. 226); S.I. 2012/601, art. 2(a)

Modifications etc. (not altering text)

C305S. 213: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C306S. 213: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

214 Registers of s. 211 notices.E+W

It shall be the duty of a local planning authority to compile and keep available for public inspection free of charge at all reasonable hours and at a convenient place a register containing such particulars as the Secretary of State may determine of notices under section 211 affecting trees in their area.

Modifications etc. (not altering text)

C308S. 214: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C309S. 214: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

F687[Injunctions]E+W

Textual Amendments

F687S. 214A and cross heading inserted (25.11.1991 for certain purposes so far as it relates to s. 214A(2) and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(7) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.3 (subject to art. 5)

[F688214AInjunctions.E+W

(1)Where a local planning authority consider it necessary or expedient for an actual or apprehended offence under section 210 or 211 to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Chapter.

(2)Subsections (2) to (4) of section 187B apply to an application under this section as they apply to an application under that section.]

Textual Amendments

F688S. 214A inserted (25.11.1991 for certain purposes so far as it relates to s. 214A(2) and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(7) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C310S. 214A: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C311S. 214A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

F689[Rights of entry]E+W

Textual Amendments

214B[F690Rights to enter without warrant.]E+W

(1)Any person duly authorised in writing by a local planning authority may enter any land for the purpose of—

(a)surveying it in connection with making or confirming a tree preservation order with respect to the land;

(b)ascertaining whether an offence under section 210 or 211 has been committed on the land; or

(c)determining whether a notice under section 207 should be served on the owner of the land,

if there are reasonable grounds for entering for the purpose in question.

(2)Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land, if there are reasonable grounds for entering for that purpose.

(3)Any person who is duly authorised in writing by a local planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under this Chapter.

(4)Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the local planning authority under this Chapter (other than section 204).

(5)Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under this Chapter.

(6)The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the local planning authority.

(7)Admission shall not be demanded as of right—

(a)by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or

(b)by virtue of subsection (3), (4) or (5) to any land which is occupied,

unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(8)Any right to enter by virtue of this section shall be exercised at a reasonable hour.

Textual Amendments

Modifications etc. (not altering text)

C312S. 214B: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C313S. 214B: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F691214CRight to enter under warrant.E+W

(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 214B(1) or (2); and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.

(2)For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

Modifications etc. (not altering text)

C314S. 214C: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C315S. 214C: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F692214DRights of entry: supplementary provisions.E+W

(1)Any power conferred under or by virtue of section 214B or 214C to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.

(2)A person authorised to enter land in the exercise of a right of entry—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.

(5)The provisions of section 118 shall apply in relation to compensation under subsection (4) as they apply in relation to compensation under Part IV.]

Textual Amendments

F692S. 214D inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(7 (with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 5)

Modifications etc. (not altering text)

C316S. 214D: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C317S. 214D: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Chapter IIE+W Land Adversely Affecting Amenity of Neighbourhood

215 Power to require proper maintenance of land.E+W

(1)If it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area, they may serve on the owner and occupier of the land a notice under this section.

(2)The notice shall require such steps for remedying the condition of the land as may be specified in the notice to be taken within such period as may be so specified.

(3)Subject to the following provisions of this Chapter, the notice shall take effect at the end of such period as may be specified in the notice.

(4)That period shall not be less than 28 days after the service of the notice.

Modifications etc. (not altering text)

C318S. 215: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C319S. 215 modified (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 32(1)

C320S. 215(1): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

216 Penalty for non-compliance with s. 215 notice.E+W

(1)The provisions of this section shall have effect where a notice has been served under section 215.

(2)If any owner or occupier of the land on whom the notice was served fails to take steps required by the notice within the period specified in it for compliance with it, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)Where proceedings have been brought under subsection (2) against a person as the owner of the land and he has, at some time before the end of the compliance period, ceased to be the owner of the land, if he—

(a)duly lays information to that effect, and

(b)gives the prosecution not less than three clear days’ notice of his intention,

he shall be entitled to have the person who then became the owner of the land brought before the court in the proceedings.

(4)Where proceedings have been brought under subsection (2) against a person as the occupier of the land and he has, at some time before the end of the compliance period, ceased to be the occupier of the land, if he—

(a)duly lays information to that effect, and

(b)gives the prosecution not less than three clear days’ notice of his intention,

he shall be entitled to have brought before the court in the proceedings the person who then became the occupier of the land or, if nobody then became the occupier, the person who is the owner at the date of the notice.

(5)Where in such proceedings—

(a)it has been proved that any steps required by the notice under section 215 have not been taken within the compliance period, and

(b)the original defendant proves that the failure to take those steps was attributable, in whole or in part, to the default of a person specified in a notice under subsection (3) or (4),

then—

(i)that person may be convicted of the offence; and

(ii)if the original defendant also proves that he took all reasonable steps to ensure compliance with the notice, he shall be acquitted of the offence.

(6)If, after a person has been convicted under the previous provisions of this section, he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding [F693one-tenth of level 3 on the standard scale] for each day following his first conviction on which any of the requirements of the notice remain unfulfilled.

(7)Any reference in this section to the compliance period, in relation to a notice, is a reference to the period specified in the notice for compliance with it or such extended period as the local planning authority who served the notice may allow for compliance.

Textual Amendments

F693Words in s. 216(6) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.35 (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C321S. 216: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 216 restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(a)

217[F694 Appeal to magistrates’ court against s. 215 notice[F694Appeal against a section 215 notice]].E+W

(1)A person on whom a notice under section 215 is served, or any other person having an interest in the land to which the notice relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal against the notice on any of the following grounds—

(a)that the condition of the land to which the notice relates does not adversely affect the amenity of any part of the area of the local planning authority who served the notice, or of any adjoining area;

(b)that the condition of the land to which the notice relates is attributable to, and such as results in the ordinary course of events from, the carrying on of operations or a use of land which is not in contravention of Part III;

(c)that the requirements of the notice exceed what is necessary for preventing the condition of the land from adversely affecting the amenity of any part of the area of the local planning authority who served the notice, or of any adjoining area;

(d)that the period specified in the notice as the period within which any steps required by the notice are to be taken falls short of what should reasonably be allowed.

(2)Any appeal under this section shall be made[F695—

(a)in the case of a notice relating to land in Wales, to the Welsh Ministers;

(b)in the case of a notice relating to land in England,]

to a magistrates’ court F696. . .

(3)Where such an appeal is brought, the notice to which it relates shall be of no effect pending the final determination or withdrawal of the appeal.

(4)On such an appeal [F697the Welsh Ministers or (as the case may be)] the magistrates’ court may correct any informality, defect or error in the notice if satisfied that the informality, defect or error is not material.

(5)On the determination of such an appeal [F698the Welsh Ministers or (as the case may be)] the magistrates’ court shall give directions for giving effect to their determination, including, where appropriate, directions for quashing the notice or for varying the terms of the notice in favour of the appellant.

(6)Where any person has appealed [F699to a magistrates’ court] under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.

[F700(7)The Welsh Ministers may by regulations make provision, in respect of appeals made to them under this section—

(a)as to steps to be taken in connection with bringing an appeal (including as to the form and content of any notice required to be given, and persons to whom copies of it are to be provided);

(b)about information to be provided to the Welsh Ministers in connection with an appeal;

(c)as to the procedure by which an appeal under this section is to be considered (including provision about circumstances in which the appellant or the local planning authority must be given the opportunity of appearing before and being heard by a person appointed by the Welsh Ministers for the purpose).]

Textual Amendments

F694S. 217 title substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(1), 58(2)(b)(4)(b)

F695S. 217(2)(a)(b) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(2), 58(2)(b)(4)(b)

F697Words in s. 217(4) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(3), 58(2)(b)(4)(b)

F698Words in s. 217(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(4), 58(2)(b)(4)(b)

F699Words in s. 217(6) omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 48(5), 58(2)(b)(4)(b)

F700S. 217(7) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(6), 58(2)(b)(4)(b)

Modifications etc. (not altering text)

C322S. 217: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C323S. 217(1)(b) restricted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 32(2)

218[F701 Further appeal to the Crown Court.[F701Further appeal to the Crown Court: England]]E+W

Where an appeal has been brought [F702to a magistrates' court] under section 217, an appeal against the decision of the magistrates’ court on that appeal may be brought to the Crown Court by the appellant or by the local planning authority who served the notice in question under section 215.

Textual Amendments

F701S. 218 title substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(7), 58(2)(b)(4)(b)

F702Words in s. 218 inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(7), 58(2)(b)(4)(b)

Modifications etc. (not altering text)

C324S. 218: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

219 Execution and cost of works required by s. 215 notice.E+W

(1)If, within the period specified in a notice under section 215 in accordance with subsection (2) of that section, or within such extended period as the local planning authority who served the notice may allow, any steps required by the notice to be taken have not been taken, the local planning authority who served the notice may—

(a)enter the land and take those steps, and

(b)recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(2)Where a notice has been served under section 215—

(a)any expenses incurred by the owner or occupier of any land for the purpose of complying with the notice, and

(b)any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in taking steps required by such a notice,

shall be deemed to be incurred or paid for the use and at the request of the person who caused or permitted the land to come to be in the condition in which it was when the notice was served.

(3)Regulations made under this Act may provide that—

(a)section 276 of the M95Public Health Act 1936 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);

(b)section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); or

(c)section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),

shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice under section 215.

(4)Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which a notice under section 215 relates the right, as against all other persons interested in the land, to comply with the requirements of the enforcement notice.

(5)Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local authority under subsection (1).

F703(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C325S. 219: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

Chapter IIIE+W Advertisements

Advertisement regulationsE+W

220 Regulations controlling display of advertisements.E+W

(1)Regulations under this Act shall make provision for restricting or regulating the display of advertisements so far as appears to the Secretary of State to be expedient in the interests of amenity or public safety.

(2)Without prejudice to the generality of subsection (1), any such regulations may provide—

(a)for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed and the manner in which they are to be affixed to the land;

(b)for requiring the consent of the local planning authority to be obtained for the display of advertisements, or of advertisements of any class specified in the regulations;

(c)for applying, in relation to any such consent and to applications for such consent, any of the provisions mentioned in subsection (3), subject to such adaptations and modifications as may be specified in the regulations;

(d)for the constitution, for the purposes of the regulations, of such advisory committees as may be prescribed by the regulations, and for determining the manner in which the expenses of any such committee are to be defrayed.

[F704(2A)The regulations may also make provision as to—

(a)the form and manner in which an application for consent must be made;

(b)particulars of such matters as are to be included in the application;

(c)any documents or other materials which must accompany the application.]

(3)The provisions referred to in subsection (2)(c) are—

(a)the provisions of Part III relating to planning permission and to applications for planning permission, except sections 56, [F70562] , 65 F706. . ., 69(3) and (4), 71, F707. . ., 91 to 96, 100 and 101 and Schedule 8;

(b)sections 137 to 141, 143 and 144 (except so far as they relate to purchase notices served in consequence of such orders as are mentioned in section 137(1)(b) or (c));

(c)section 316.

(4)Without prejudice to the generality of the powers conferred by this section, regulations made for the purposes of this section may provide that any appeal from the decision of the local planning authority, on an application for their consent under the regulations, shall be to an independent tribunal constituted in accordance with the regulations, instead of being an appeal to the Secretary of State.

(5)If any tribunal is so constituted, the Secretary of State may pay to the chairman and members of the tribunal such remuneration, whether by way of salaries or by way of fees, and such reasonable allowances in respect of expenses properly incurred in the performance of their duties, as he may with the consent of the Treasury determine.

Textual Amendments

F704S. 220(2A) inserted (6.8.2004 for certain purposes and prosp. otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(4), 121 (with s. 111); S.I. 2004/2097, art. 2

F705Words in s. 220(3) repealed (6.8.2004 for certain purposes and prosp. otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2

Modifications etc. (not altering text)

C326S. 220: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C327S. 220: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

221 Power to make different advertisement regulations for different areas.E+W

(1)Regulations made for the purposes of section 220 may make different provision with respect to different areas, and in particular may make special provision—

(a)with respect to conservation areas;

(b)with respect to areas defined for the purposes of the regulations as experimental areas, and

(c)with respect to areas defined for the purposes of the regulations as areas of special control.

(2)An area may be defined as an experimental area for a prescribed period for the purpose of assessing the effect on amenity or public safety of advertisements of a prescribed description.

(3)An area may be defined as an area of special control if it is—

(a)a rural area, or

(b)an area which appears to the Secretary of State to require special protection on grounds of amenity.

(4)Without prejudice to the generality of subsection (1), the regulations may prohibit the display in an area of special control of all advertisements except advertisements of such classes (if any) as may be prescribed.

(5)Areas of special control for the purposes of regulations under this section may be defined by means of orders made or approved by the Secretary of State in accordance with the provisions of the regulations.

(6)Where the Secretary of State is authorised by the regulations to make or approve any such order as is mentioned in subsection (5), the regulations shall provide—

(a)for the publication of notice of the proposed order in such manner as may be prescribed,

(b)for the consideration of objections duly made to it, and

(c)for the holding of such inquiries or other hearings as may be prescribed,

before the order is made or approved.

(7)Subject to subsection (8), regulations made under section 220 may be made so as to apply—

(a)to advertisements which are being displayed on the date on which the regulations come into force, or

(b)to the use for the display of the advertisements of any site which was being used for that purpose on that date.

(8)Any regulations made in accordance with subsection (7) shall provide for exempting from them—

(a)the continued display of any such advertisements as there mentioned; and

(b)the continued use for the display of advertisements of any such site as there mentioned,

during such period as may be prescribed.

(9)Different periods may be prescribed under subsection (8) for the purposes of different provisions of the regulations.

Modifications etc. (not altering text)

C328S. 221: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

222 Planning permission not needed for advertisements complying with regulations.E+W

Where the display of advertisements in accordance with regulations made under section 220 involves development of land—

(a)planning permission for that development shall be deemed to be granted by virtue of this section, and

(b)no application shall be necessary for that development under Part III.

Modifications etc. (not altering text)

C329S. 222: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Repayment of expense of removing prohibited advertisementsE+W

223 Repayment of expense of removing prohibited advertisements.E+W

(1)Where, for the purpose of complying with any regulations made under section 220, works are carried out by any person—

(a)for removing an advertisement which was being displayed on 1st August 1948; or

(b)for discontinuing the use for the display of advertisements of a site used for that purpose on that date,

that person shall, on a claim made to the local planning authority within such time and in such manner as may be prescribed, be entitled to recover from that authority compensation in respect of any expenses reasonably incurred by him in carrying out those works.

(2)Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the [F708Upper Tribunal].

(3)In relation to the determination of any such question, the provisions of [F709section] 4 of the M96Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.

Textual Amendments

Marginal Citations

Enforcement of control over advertisementsE+W

224 Enforcement of control as to advertisements.E+W

(1)Regulations under section 220 may make provision for enabling the local planning authority to require—

(a)the removal of any advertisement which is displayed in contravention of the regulations, or

(b)the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations.

(2)For that purpose the regulations may apply any of the provisions of Part VII with respect to enforcement notices or the provisions of section 186, subject to such adaptations and modifications as may be specified in the regulations.

(3)Without prejudice to any provisions included in such regulations by virtue of subsection (1) or (2), if any person displays an advertisement in contravention of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed, not exceeding [F710level 4] on the standard scale and, in the case of a continuing offence, [F711one-tenth of [F710level 4] on the standard scale] for each day during which the offence continues after conviction.

(4)Without prejudice to the generality of subsection (3), a person shall be deemed to display an advertisement for the purposes of that subsection if—

(a)he is the owner or occupier of the land on which the advertisement is displayed; or

(b)the advertisement gives publicity to his goods, trade, business or other concerns.

(5)A person shall not be guilty of an offence under subsection (3) by reason only—

(a)of his being the owner or occupier of the land on which an advertisement is displayed, or

(b)of his goods, trade, business or other concerns being given publicity by the advertisement,

if he proves [F712either of the matters specified in subsection (6)] .

[F713(6)The matters are that—

(a)the advertisement was displayed without his knowledge; or

(b)he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.]

[F714(7)Proceedings for an offence under subsection (3) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.

(8)Subsection (7) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.

(9)For the purposes of subsection (7), a certificate—

(a)signed by or on behalf of the prosecutor, and

(b)stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,

is conclusive evidence of that fact.

(10)A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(11)Subsection (7) does not apply in relation to an offence in respect of an advertisement in Wales.]

Textual Amendments

F710Words in s. 224(3) substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 53; S.I. 2003/3300, art. 2(d)

F712Words in s. 224(5) substituted (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 33(2), 108 (with s. 33(4))

F714S. 224(7)-(11) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 126(4), 240(2) (with ss. 126(5), 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Modifications etc. (not altering text)

C330S. 224: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C331S. 224 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1, 25

C332S. 224(3) restricted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 8(3)

C333S. 224(3) applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 31, Sch. 2 Pt. 1

225 Power to remove or obliterate placards and posters.E+W

(1)Subject to subsections (2) and (3), the local planning authority may remove or obliterate any placard or poster—

(a)which is displayed in their area; and

(b)which in their opinion is so displayed in contravention of regulations made under section 220.

(2)Subsection (1) does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.

(3)Subject to subsection (4), where a placard or poster identifies the person who displayed it or caused it to be displayed, the local planning authority shall not exercise any power conferred by subsection (1) unless they have first given him notice in writing—

(a)that in their opinion it is displayed in contravention of regulations made under section 220; and

(b)that they intend to remove or obliterate it on the expiry of a period specified in the notice [F715and recover from him the costs they may reasonably incur in doing so] .

(4)Subsection (3) does not apply if—

(a)the placard or poster does not give his address, and

(b)the authority do not know it and are unable to ascertain it after reasonable inquiry.

(5)The period specified in a notice under subsection (3) must be not less than two days from the date of service of the notice.

[F716(6)Where—

(a)a local planning authority serve a notice on a person under subsection (3) in relation to a placard or poster, and

(b)the person fails to remove or obliterate it within the period specified in the notice,

the authority may recover from that person the costs they may reasonably incur in exercising their power under subsection (1).]

[F717(7)This subsection applies in relation to a placard or poster where—

(a)the placard or poster does not identify the person who displayed it or caused it to be displayed, or

(b)it does do so, but subsection (3) does not apply by reason of subsection (4), and

the placard or poster publicises the goods, services or concerns of an identifiable person.

(8)Where subsection (7) applies, subsections (3) to (6) have effect as if the reference in subsection (3) to the person who displayed the placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised.]

[F718(9)Where any damage is caused to land or chattels in the exercise of the power under subsection (1) in relation to a placard or poster, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power.

(10)Subsection (9) does not permit the recovery of compensation by the person who displayed the placard or poster or caused it to be displayed.

(11)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.]

Textual Amendments

F715Words in s. 225(3)(b) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(2), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)

F718S. 225(9)(10)(11) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(5), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)

Modifications etc. (not altering text)

C334S. 225: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 225 modified (8.1.1996) by 1995 c. x, s. 10

[F719225APower to remove structures used for unauthorised displayE+W

(1)Subject to subsections (2), (3) and (5) and the right of appeal under section 225B, the local planning authority for an area in England may remove, and then dispose of, any display structure—

(a)which is in their area; and

(b)which, in the local planning authority's opinion, is used for the display of advertisements in contravention of regulations under section 220.

(2)Subsection (1) does not authorise the removal of a display structure in a building to which there is no public right of access.

(3)The local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first served a removal notice on a person who appears to the local planning authority to be responsible for the erection or maintenance of the display structure.

(4)Subsection (3) applies only if there is a person—

(a)who appears to the local planning authority to be responsible for the erection or maintenance of the display structure; and

(b)whose name and address are either known by the local planning authority or could be ascertained by the local planning authority after reasonable enquiry.

(5)If subsection (3) does not apply, the local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first—

(a)fixed a removal notice to the display structure or exhibited a removal notice in the vicinity of the display structure; and

(b)served a copy of that notice on the occupier of the land on which the display structure is situated.

(6)Subsection (5)(b) applies only if the local planning authority know who the occupier is or could identify the occupier after reasonable enquiry.

(7)Where—

(a)the local planning authority has served a removal notice in accordance with subsection (3) or (5)(b), and

(b)the display structure is not removed by the time specified in the removal notice,

the local planning authority may recover, from any person on whom the removal notice has been served under subsection (3) or (5)(b), expenses reasonably incurred by the local planning authority in exercising the local planning authority's power under subsection (1).

(8)Expenses are not recoverable under subsection (7) from a person if the person satisfies the local planning authority that the person was not responsible for the erection of the display structure and is not responsible for its maintenance.

(9)Where in the exercise of power under subsection (1) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection or section 325(6)—

(a)for damage caused to the display structure; or

(b)for damage reasonably caused in removing the display structure.

(10)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.

(11)In this section “removal notice”, in relation to a display structure, means notice—

(a)stating that in the local planning authority's opinion the display structure is used for the display of advertisements in contravention of regulations under section 220;

(b)stating that the local planning authority intend after a time specified in the notice to remove the display structure; and

(c)stating the effect of subsections (7) and (8).

(12)A time specified under subsection (11)(b) may not be earlier than the end of 22 days beginning with the date of the notice.

(13)In this section “display structure” means (subject to subsection (14))—

(a)a hoarding or similar structure used, or designed or adapted for use, for the display of advertisements;

(b)anything (other than a hoarding or similar structure) principally used, or designed or adapted principally for use, for the display of advertisements;

(c)a structure that is itself an advertisement; or

(d)fitments used to support anything within any of paragraphs (a) to (c).

(14)Something is a “display structure” for the purpose of this section only if—

(a)its use for the display of advertisement requires consent under this Chapter, and

(b)that consent has not been granted and is not deemed to have been granted.

(15)In subsection (13) “structure” includes movable structure.

Textual Amendments

F719Ss. 225A-225E inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

225BAppeal against notice under section 225AE+W

(1)A person on whom a removal notice has been served in accordance with section 225A(3) or (5)(b) may appeal to a magistrates' court on any of the following grounds—

(a)that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure;

(d)that the notice should have been served on another person.

(2)For the purposes of subsection (3), a person is a “permitted appellant” in relation to a removal notice if—

(a)the removal notice has been fixed or exhibited in accordance with section 225A(5)(a);

(b)the person is an owner or occupier of the land on which the display structure concerned is situated; and

(c)no copy of the removal notice has been served on the person in accordance with section 225A(5)(b).

(3)A person who is a permitted appellant in relation to a removal notice may appeal to a magistrates' court on any of the following grounds—

(a)that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure.

(4)So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (3)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(5)If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the removal notice should have been served in accordance with section 225A(3) or (5)(b).

(6)If—

(a)a removal notice is served on a person in accordance with section 225A(3) or (5)(b), and

(b)the local planning authority bring proceedings against the person for the recovery under section 225A(7) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

(7)In this section “removal notice” and “display structure” have the same meaning as in section 225A.

Textual Amendments

F719Ss. 225A-225E inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

225CRemedying persistent problems with unauthorised advertisementsE+W

(1)Subsections (2) and (3) apply if the local planning authority for an area in England have reason to believe that there is a persistent problem with the display of unauthorised advertisements on a surface of—

(a)any building, wall, fence or other structure or erection; or

(b)any apparatus or plant.

(2)The local planning authority may serve an action notice on the owner or occupier of the land in or on which the surface is situated.

(3)If after reasonable enquiry the local planning authority—

(a)are unable to ascertain the name and address of the owner, and

(b)are unable to ascertain the name and address of the occupier,

the local planning authority may fix an action notice to the surface.

(4)For the purposes of this section “an action notice”, in relation to a surface, is a notice requiring the owner or occupier of the land in or on which the surface is situated to carry out the measures specified in the notice by a time specified in the notice.

(5)A time may be specified in an action notice if it is a reasonable time not earlier than the end of 28 days beginning with the date of the notice.

(6)Measures may be specified in an action notice if they are reasonable measures to prevent or reduce the frequency of the display of unauthorised advertisements on the surface concerned.

(7)The time by which an owner or occupier must comply with an action notice may be postponed by the local planning authority.

(8)This section has effect subject to—

(a)the other provisions of the enactments relating to town and country planning;

(b)the provisions of the enactments relating to historic buildings and ancient monuments; and

(c)Part 2 of the Food and Environmental Protection Act 1985 (which relates to deposits in the sea).

(9)Subsection (10) applies if—

(a)an action notice is served under subsection (2) or fixed under subsection (3); and

(b)the measures specified in the notice are not carried out by the time specified in the notice.

(10)The local planning authority may—

(a)carry out the measures; and

(b)recover expenses reasonably incurred by the local planning authority in doing that from the person required by the action notice to do it.

(11)Power under subsection (10)(a) is subject to the right of appeal under section 225D.

(12)Where in the exercise of power under subsection (10)(a) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection for damage reasonably caused in carrying out the measures.

(13)The provisions of section 118 apply in relation to compensation under subsection (12) as they apply in relation to compensation under Part 4.

(14)The local planning authority may not recover expenses under subsection (10)(b) in respect of a surface that—

(a)forms part of a flat or a dwellinghouse;

(b)is within the curtilage of a dwellinghouse; or

(c)forms part of the boundary of the curtilage of a dwellinghouse.

(15)Each of sections 275 and 291 of the Public Health Act 1936 (provision for authority to agree to take the required measures at expense of owner or occupier, and provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.

(16)In this section—

Textual Amendments

F719Ss. 225A-225E inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

225DRight to appeal against notice under section 225CE+W

(1)A person on whom notice has been served under section 225C(2) may appeal to a magistrates' court on any of the following grounds—

(a)that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose;

(d)that the notice should have been served on another person.

(2)The occupier or owner of premises which include a surface to which a notice has been fixed under section 225C(3) may appeal to a magistrates' court on any of the following grounds—

(a)that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose.

(3)So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225C(2) should have been served.

(5)If—

(a)notice under section 225C(2) is served on a person, and

(b)the local planning authority bring proceedings against the person for the recovery under section 225C(10)(b) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

Textual Amendments

F719Ss. 225A-225E inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

225EApplying section 225C to statutory undertakers' operational landE+W

(1)Subsection (2) and (3) apply where the local planning authority serves a notice under section 225C(2) requiring a statutory undertaker to carry out measures in respect of the display of unauthorised advertisements on a surface on its operational land.

(2)The statutory undertaker may, within 28 days beginning with the date of service of the notice, serve a counter-notice on the local planning authority specifying alternative measures which will in the statutory undertaker's reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the surface to at least the same extent as the measures specified in the notice.

(3)Where a counter-notice is served under subsection (2), the notice under section 225C(2) is to be treated—

(a)as requiring the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice under section 225C(2)); and

(b)as having been served on the date on which the counter-notice is served.

(4)The time by which a statutory undertaker must carry out the measures specified in a counter-notice served under subsection (2) may be postponed by the local planning authority.]

Textual Amendments

F719Ss. 225A-225E inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

[F720CHAPTER 4E+WRemedying defacement of premises

Textual Amendments

F720Pt. 8 Chs. 4, 5 inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(2), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

225FPower to remedy defacement of premisesE+W

(1)Subsections (2) and (3) apply if—

(a)premises in England include a surface that is readily visible from a place to which the public have access;

(b)either—

(i)the surface does not form part of the operational land of a statutory undertaker, or

(ii)the surface forms part of the operational land of a statutory undertaker and subsection (11) applies to the surface;

(c)there is a sign on the surface; and

(d)the local planning authority consider the sign to be detrimental to the amenity of the area or offensive.

(2)The local planning authority may serve on the occupier of the premises a notice requiring the occupier to remove or obliterate the sign by a time specified in the notice.

(3)If it appears to the local planning authority that there is no occupier of the premises, the local planning authority may fix to the surface a notice requiring the owner or occupier of the premises to remove or obliterate the sign by a time specified in the notice.

(4)A time specified under subsection (2) or (3) may not be earlier than the end of 15 days beginning the date of service or fixing of the notice.

(5)Subsection (6) applies if—

(a)a notice is served under subsection (2) or fixed under subsection (3); and

(b)the sign is neither removed nor obliterated by the time specified in the notice.

(6)The local planning authority may—

(a)remove or obliterate the sign; and

(b)recover expenses reasonably incurred by the local planning authority in doing that from the person required by the notice to do it.

(7)Power under subsection (6)(a) is subject to the right of appeal under section 225I.

(8)Expenses may not be recovered under subsection (6)(b) if the surface—

(a)forms part of a flat or a dwellinghouse;

(b)is within the curtilage of a dwellinghouse; or

(c)forms part of the boundary of the curtilage of a dwellinghouse.

(9)Section 291 of the Public Health Act 1936 (provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.

(10)For the purposes of this section, a universal postal service provider is treated as being the occupier of any plant or apparatus that consists of a universal postal service letter box or a universal postal service pouch-box belonging to it.

(11)This subsection applies to a surface if the surface abuts on, or is one to which access is given directly from, either—

(a)a street; or

(b)any place, other than a street, to which the public have access as of right.

(12)In this section—

225GNotices under section 225F in respect of post boxesE+W

(1)The local planning authority may serve a notice under section 225F(2) on a universal postal service provider in respect of a universal postal service letter box, or universal postal service pouch-box, belonging to the provider only if—

(a)the authority has served on the provider written notice of the authority's intention to do so; and

(b)the period of 28 days beginning with the date of service of that notice has ended.

(2)In this section—

225HSection 225F powers as respects bus shelters and other street furnitureE+W

(1)The local planning authority may exercise the power conferred by section 225F(6)(a) to remove or obliterate a sign from any surface on a bus shelter, or other street furniture, of a statutory undertaker that is not situated on operational land of the statutory undertaker only if—

(a)the authority has served on the statutory undertaker notice of the authority's intention to do so;

(b)the notice specified the bus shelter, or other street furniture, concerned; and

(c)the period of 28 days beginning with the date of service of the notice has ended.

(2)In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).

225IRight to appeal against notice under section 225FE+W

(1)A person on whom notice has been served under section 225F(2) may appeal to a magistrates' court on any of the following grounds—

(a)that the sign concerned is neither detrimental to the amenity of the area nor offensive;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose;

(d)that the notice should have been served on another person.

(2)The occupier or owner of premises which include a surface to which a notice has been fixed under section 225F(3) may appeal to a magistrates' court on any of the following grounds—

(a)that the sign concerned is neither detrimental to the amenity of the area nor offensive;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose.

(3)So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225F(2) should have been served.

(5)If—

(a)notice under section 225F(2) is served on a person, and

(b)the local planning authority bring proceedings against the person for the recovery under section 225F(6)(b) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

225JRemedying defacement at owner or occupier's requestE+W

(1)Subsection (2) applies if—

(a)premises in England include a surface that is readily visible from a place to which the public have access;

(b)there is a sign on the surface; and

(c)the owner or occupier of the premises asks the local planning authority to remove or obliterate the sign.

(2)The local planning authority may—

(a)remove or obliterate the sign; and

(b)recover expenses reasonably incurred by the local planning authority in doing that from the person who asked the local planning authority to do it.

(3)In this section “premises” means building, wall, fence or other structure or erection, or apparatus or plant.

(4)In this section “sign”—

(a)includes—

(i)any writing, letter, picture, device or representation, and

(ii)any advertisement, but

(b)does not include an advertisement for the display of which deemed or express consent has been granted under Chapter 3.

CHAPTER 5E+WApplication of provisions of Chapters 3 and 4 to statutory undertakers

225KAction under sections 225A, 225C and 225F: operational landE+W

(1)This section applies in relation to the exercise by the local planning authority of—

(a)power conferred by section 225A(1), or section 324(3) so far as applying for the purposes of section 225A(1), to—

(i)enter on any operational land of a statutory undertaker, or

(ii)remove a display structure situated on operational land of a statutory undertaker;

(b)power conferred by section 225C(10)(a), or section 324(3) so far as applying for the purposes of section 225C(10)(a), to—

(i)enter on any operational land of a statutory undertaker, or

(ii)carry out any measures to prevent or reduce the frequency of the display of unauthorised advertisements on a surface on operational land of a statutory undertaker; or

(c)power conferred by section 225F(6)(a), or section 324(3) so far as applying for the purposes of section 225F(6)(a), to—

(i)enter on any operational land of a statutory undertaker, or

(ii)remove or obliterate a sign on a surface of premises that are, or are on, operational land of a statutory undertaker.

(2)The authority may exercise the power only if—

(a)the authority has served on the statutory undertaker notice of the authority's intention to do so;

(b)the notice specified the display structure, surface or sign concerned and its location; and

(c)the period of 28 days beginning with the date of service of the notice has ended.

(3)If—

(a)a notice under subsection (2) is served on a statutory undertaker, and

(b)within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority specifying conditions subject to which the power is to be exercised,

the power may only be exercised subject to, and in accordance with, the conditions specified in the counter-notice.

(4)The conditions which may be specified in a counter-notice under subsection (3) are conditions which are—

(a)necessary or expedient in the interests of safety or the efficient and economic operation of the undertaking concerned; or

(b)for the protection of any works, apparatus or other property not vested in the statutory undertaker which are lawfully present on, in, under or over the land upon which entry is proposed to be made.

(5)If—

(a)a notice under subsection (2) is served on a statutory undertaker, and

(b)within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority requiring the local planning authority to refrain from exercising the power,

the power may not be exercised.

(6)A counter-notice under subsection (5) may be served only if the statutory undertaker has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the power cannot be exercised under the circumstances in question—

(a)without risk to the safety of any person; or

(b)without unreasonable risk to the efficient and economic operation of the statutory undertaker's undertaking.

(7)In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).]

Part IXE+W Acquisition and Appropriation of Land for Planning Purposes, etc.

Modifications etc. (not altering text)

Acquisition for planning and public purposesE+W

226 Compulsory acquisition of land for development and other planning purposes.E+W

(1)A local authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily any land in their area F721. . . —

[F722(a)if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,]

(b)[F723which] is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

[F724(1A)But a local authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects—

(a)the promotion or improvement of the economic well-being of their area;

(b)the promotion or improvement of the social well-being of their area;

(c)the promotion or improvement of the environmental well-being of their area.]

(2)F725. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F726(2A)The Secretary of State must not authorise the acquisition of any interest in Crown land unless—

(a)it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

(b)the appropriate authority consents to the acquisition.]

(3)Where a local authority exercise their power under subsection (1) in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land adjoining that land which is required for the purpose of executing works for facilitating its development or use; or

(b)where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(4)It is immaterial by whom the local authority propose that any activity or purpose mentioned in subsection (1) or (3)(a) should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves).

(5)Where under subsection (1) the Secretary of State has power to authorise a local authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of this Act.

(6)Before giving an authorisation under subsection (5), the Secretary of State shall—

(a)if the land is in a non-metropolitan county [F727in England], consult with the councils of the county and the district;

(b)if the land is in a metropolitan district, consult with the council of the district;

[F728(bb)if the land is in Wales, consult with the council of the county or county borough;] and

(c)if the land is in a London borough, consult with the council of the borough.

(7)The M97Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under this section.

(8)The local authorities to whom this section applies are the councils of counties, [F729county boroughs,] districts and London boroughs.

[F730(9)Crown land must be construed in accordance with Part 13.]

Textual Amendments

Marginal Citations

227 Acquisition of land by agreement.E+W

(1)The council of any county, [F731county borough,] district or London borough may acquire by agreement any land which they require for any purpose for which a local authority may be authorised to acquire land under section 226.

(2)The provisions of Part 1 of the M98Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, section 10 and section 31, shall apply in relation to the acquisition of land under this section.

Textual Amendments

Marginal Citations

228 Compulsory acquisition of land by the [F732Secretary of State for Communities and Local Government].E+W

(1) The [F732Secretary of State for Communities and Local Government] may acquire compulsorily—

(a)any land necessary for the public service; and

(b)any land which it is proposed to use not only for the public service but also—

(i)to meet the interests of proper planning of the area, or

(ii)to secure the best or most economic development or use of the land,

otherwise than for the public service.

[F733(1A)But subsection (1) does not permit the acquisition of any interest in Crown land unless—

(a)it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

(b)the appropriate authority consents to the acquisition.]

(2)Where the Secretary of State has acquired or proposes to acquire any land under subsection (1) (“the primary land”) and in his opinion other land ought to be acquired together with the primary land—

(a)in the interests of the proper planning of the area concerned; or

(b)for the purpose of ensuring that the primary land can be used, or developed and used, (together with that other land) in what appears to him to be the best or most economic way; or

(c)where the primary land or any land acquired, or which he proposes to acquire, by virtue of paragraph (a) or (b) of this subsection or of section 122(1)(a) or (b) of the Local M99 Government, Planning and Land Act 1980, forms part of a common, open space or fuel or field garden allotment, for the purpose of being given in exchange for that land,

he may compulsorily acquire that other land.

(3)Subject to subsection (4), the power of acquiring land compulsorily under this section shall include power to acquire an easement or other right over land by the grant of a new right.

(4)Subsection (3) shall not apply to an easement or other right over any land which would for the purposes of the M100Acquisition of Land Act 1981 form part of a common, open space or fuel or field garden allotment.

(5)References in this section to the public service include the service in the United Kingdom—

(a)of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;

(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c)of a foreign sovereign Power or the Government of such a Power.

(6)For the purposes of subsection (5)(b) “treaty” includes any international agreement and any protocol or annex to a treaty or international agreement.

(7)The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by the [F732Secretary of State for Communities and Local Government] under this section.

[F734(8)Crown land must be construed in accordance with Part 13.]

Textual Amendments

Modifications etc. (not altering text)

C336S. 228: functions of the First Secretary of State transferred to the Secretary of State for Communities and Local Government (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), art. 4(1)(b)

Marginal Citations

229 Appropriation of land forming part of common, etc.E+W

(1)Any local authority may be authorised, by an order made by that authority and confirmed by the Secretary of State, to appropriate for any purpose for which that authority can be authorised to acquire land under any enactment any land to which this subsection applies which is for the time being held by them for other purposes.

(2)Subsection (1) applies to land which is or forms part of a common or fuel or field garden allotment (including any such land which is specially regulated by any enactment, whether public general or local or private), other than land which is Green Belt land within the meaning of the M101Green Belt (London and Home Counties) Act 1938.

(3)Section 19 of the M102Acquisition of Land Act 1981 (special provision with respect to compulsory purchase orders under that Act relating to land forming part of a common, open space or fuel or field garden allotment) shall apply to an order under this section authorising the appropriation of land as it applies to a compulsory purchase order under that Act.

(4)Where land appropriated under this section was acquired under an enactment incorporating the Lands Clauses Acts, any works executed on the land after the appropriation has been effected shall, for the purposes of section 68 of the M103Lands Clauses Consolidation Act 1845 and section 10 of the M104Compulsory Purchase Act 1965, be deemed to have been authorised by the enactment under which the land was acquired.

(5)On an appropriation of land by a local authority under this section, where—

(a)the authority is not an authority to whom Part II of the 1959 Act applies;

(b)the land was immediately before the appropriation held by the authority for the purposes of a grant-aided function (within the meaning of that Act); or

(c)the land is appropriated by the authority for the purposes of such a function,

such adjustments shall be made in the accounts of the local authority as the Secretary of State may direct.

(6)On an appropriation under this section which does not fall within subsection (5), such adjustment of accounts shall be made as is required by section 24(1) of the 1959 Act.

Marginal Citations

230 Acquisition of land for purposes of exchange.E+W

(1)Without prejudice to the generality of the powers conferred by sections 226 and 227, any power of a local authority to acquire land under those sections, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange—

(a)for land appropriated under section 229; or

(b)for Green Belt land appropriated in accordance with the Green Belt (London and Home Counties) Act 1938 for any purpose specified in a development plan.

(2)In subsection (1) “Green Belt land” has the same meaning as in that Act.

231 Power of Secretary of State to require acquisition or development of land.E+W

(1)If the Secretary of State is satisfied after holding a local inquiry that the council of a county, [F735county borough,] district or London borough have failed to take steps for the acquisition of any land which in his opinion ought to be acquired by them under section 226 F736. . ., he may by order require the council to take such steps as may be specified in the order for acquiring the land.

(2)If the Secretary of State is satisfied after holding a local inquiry that a local authority have failed to carry out, on land acquired by them under section 226 (or section 68 of the 1962 Act or section 112 of the 1971 Act) or appropriated by them under section 229 (or section 121 of the 1971 Act), any development which in his opinion ought to be carried out, he may by order require the authority to take such steps as may be specified in the order for carrying out the development.

(3)An order under this section shall be enforceable on the application of the Secretary of State by mandamus.

Textual Amendments

Modifications etc. (not altering text)

C338S. 231 power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Appropriation, disposal and development of land held for planning purposes, etc.E+W

232 Appropriation of land held for planning purposes. E+W

(1)Where any land has been acquired or appropriated by a local authority for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, the authority may appropriate the land for any purpose for which they are or may be authorised in any capacity to acquire land by virtue of or under any enactment not contained in this Part or in Chapter V of Part I of the M105Planning (Listed Buildings and Conservation Areas) Act 1990.

(2)Land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act shall not be appropriated under this section without the consent of the Secretary of State.

(3)Such consent may be given—

(a)either in respect of a particular appropriation or in respect of appropriations of any class, and

(b)either subject to or free from any conditions or limitations.

(4)Before appropriating under this section any land which consists of or forms part of an open space, a local authority—

(a)shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and

(b)shall consider any objections to the proposed appropriation which may be made to them.

(5)In relation to any appropriation under this section—

(a)subsection (4) of section 122 of the M106Local Government Act 1972 (which relates to the operation of section 68 of the M107Lands Clauses Consolidation Act 1845 and section 10 of the M108Compulsory Purchase Act 1965) shall have effect as it has effect in relation to appropriations under section 122 of that Act of 1972; and

(b)subsections (5) and (6) of section 229 of this Act shall have effect as they have effect in relation to appropriations under that section.

(6)In relation to any such land as is mentioned in subsection (1), this section shall have effect to the exclusion of the provisions of section 122(1) of the M109Local Government Act 1972.

Modifications etc. (not altering text)

Marginal Citations

233 Disposal by local authorities of land held for planning purposes. E+W

(1)Where any land has been acquired or appropriated by a local authority for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, the authority may dispose of the land to such person, in such manner and subject to such conditions as appear to them to be expedient in order—

(a)to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out on it (whether by themselves or by any other person), or

(b)to secure the erection, construction or carrying out on it of any buildings or works appearing to them to be needed for the proper planning of the area of the authority.

(2)Land which consists of or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act shall not be disposed of under this section without the consent of the Secretary of State.

(3)The consent of the Secretary of State is also required where the disposal is to be for a consideration less than the best that can reasonably be obtained and is not—

(a)the grant of a term of seven years or less; or

(b)the assignment of a term of years of which seven years or less are unexpired at the date of the assignment.

[F737(3A)The Secretary of State may give consent under subsection (3)—

(a)in relation to any particular disposal or disposals, or in relation to a particular class of disposals,

(b)in relation to local authorities generally, or local authorities of a particular class, or to any particular local authority or authorities, and

(c)either unconditionally or subject to conditions (either generally, or in relation to any particular disposal or disposals or class of disposals).]

(4)Before disposing under this section of any land which consists of or forms part of an open space, a local authority—

(a)shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and

(b)shall consider any objections to the proposed disposal which may be made to them.

(5)In relation to land acquired or appropriated for planning purposes for a reason mentioned in section 226(1)(a) or (3) the powers conferred by this section on a local authority, and on the Secretary of State in respect of the giving of consent to disposals under this section, shall be so exercised as to secure to relevant occupiers, so far as may be practicable, a suitable opportunity for accommodation.

(6)A person is a relevant occupier for the purposes of subsection (5) if—

(a)he was living or carrying on business or other activities on any such land as is mentioned in that subsection which the authority have acquired as mentioned in subsection (1),

(b)he desires to obtain accommodation on such land, and

(c)he is willing to comply with any requirements of the authority as to the development and use of such land;

and in this subsection “development” includes redevelopment.

(7)In subsection (5) a suitable opportunity for accommodation means, in relation to any person, an opportunity to obtain accommodation on the land in question which is suitable to his reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from him.

(8)In relation to any such land as is mentioned in subsection (1), this section shall have effect to the exclusion of section 123 of the M110Local Government Act 1972 (disposal of land by principal councils).

[F738(9)Section 128(2) of the Local Government Act 1972 (which already gives protection to purchasers etc in respect of certain land transactions, including disposals under this section by certain authorities) applies in relation to every disposal of land under this section by a local authority for an area in England; and section 29 of the Town and Country Planning Act 1959 does not apply in relation to such a disposal.]

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

234 Disposal by Secretary of State of land acquired under s. 228.E+W

(1)The Secretary of State may dispose of land held by him and acquired by him or any other Minister under section 228 to such person, in such manner and subject to such conditions as appear to him expedient.

(2)In particular, the Secretary of State may under subsection (1) dispose of land held by him for any purpose in order to secure its use for that purpose.

235 Development of land held for planning purposes.E+W

(1)A local authority may—

(a)erect, construct or carry out on any land to which this section applies any building or work other than a building or work for the erection, construction or carrying out of which, whether by that local authority or by any other person, statutory power exists by virtue of, or could be conferred under, an alternative enactment; and

(b)repair, maintain and insure any buildings or works on such land and generally deal with such land in a proper course of management.

(2)This section applies to any land which—

(a)has been acquired or appropriated by a local authority for planning purposes, and

(b)is for the time being held by the authority for the purposes for which it was so acquired or appropriated.

(3)A local authority may exercise the powers conferred by subsection (1) notwithstanding any limitation imposed by law on their capacity by virtue of their constitution.

(4)A local authority may enter into arrangements with an authorised association for the carrying out by the association of any operation which, apart from the arrangements, the local authority would have power under this section to carry out, on such terms (including terms as to the making of payments or loans by the authority to the association) as may be specified in the arrangements.

(5)Nothing in this section shall be construed—

(a)as authorising any act or omission on the part of a local authority which is actionable at the suit of any person on any grounds other than such a limitation as is mentioned in subsection (3); or

(b)as authorising an authorised association to carry out any operation which they would not have power to carry out apart from subsection (4).

(6)In this section—

(a)whose objects include the promotion, formation or management of garden cities, garden suburbs or garden villages and the erection, improvement or management of buildings for the working classes and others, and

(b)which does not trade for profit or whose constitution forbids the issue of any share or loan capital with interest or dividend exceeding the rate for the time being fixed by the Treasury.

Modifications etc. (not altering text)

Marginal Citations

Extinguishment of certain rights affecting acquired or appropriated landE+W

236 Extinguishment of rights over land compulsorily acquired.E+W

(1)Subject to the provisions of this section, upon the completion of a compulsory acquisition of land under section 226, 228 or 230—

(a)all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and

(b)any such apparatus shall vest in the acquiring authority.

(2)Subsection (1) shall not apply—

(a)to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking, or

(b)to any right conferred by or in accordance with the [F739electronic communications code] on the operator of [F740an electronic communications code network] , or

(c)to any [F741electronic communications apparatus] kept installed for the purposes of any such [F742network] .

(3)In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject—

(a)to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction; and

(b)to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.

(4)Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.

(5)Any compensation payable under this section shall be determined in accordance with the M114Land Compensation Act 1961.

Textual Amendments

F739Words in s. 236(2) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(a)(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F740Words in s. 236(2) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(a)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F741Words in s. 236(2) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(a)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F742Word in s. 236(2) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(a)(2)(e) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Marginal Citations

237 Power to override easements and other rights.E+W

(1)Subject to subsection (3), the erection, construction or carrying out or maintenance of any building or work on land which has been acquired or appropriated by a local authority for planning purposes (whether done by the local authority or by a person deriving title under them) is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves—

(a)interference with an interest or right to which this section applies, or

(b)a breach of a restriction as to the user of land arising by virtue of a contract.

[F743(1A)Subject to subsection (3), the use of any land F744... which has been acquired or appropriated by a local authority for planning purposes (whether the use is by the local authority or by a person deriving title under them) is authorised by virtue of this section if it is in accordance with planning permission even if the use involves—

(a)interference with an interest or right to which this section applies, or

(b)a breach of a restriction as to the user of land arising by virtue of a contract.]

(2)Subject to subsection (3), the interests and rights to which this section applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(3)Nothing in this section shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land which is—

(a)a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or

(b)a right conferred by or in accordance with the [F745electronic communications code] on the operator of [F746an electronic communications code network] .

(4)In respect of any interference or breach in pursuance of subsection (1) [F747or (1A)] , compensation—

(a)shall be payable under section 63 or 68 of the M115Lands Clauses Consolidation Act 1845 or under section 7 or 10 of the M116Compulsory Purchase Act 1965, and

(b)shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—

(i)the compensation is to be estimated in connection with a purchase under those Acts, or

(ii)the injury arises from the execution of works on [F748, or use of,] land acquired under those Acts.

(5)Where a person deriving title under the local authority by whom the land in question was acquired or appropriated—

(a)is liable to pay compensation by virtue of subsection (4), and

(b)fails to discharge that liability,

the liability shall be enforceable against the local authority.

(6)Nothing in subsection (5) shall be construed as affecting any agreement between the local authority and any other person for indemnifying the local authority against any liability under that subsection.

(7)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in subsection (1) [F749or (1A)] .

Textual Amendments

F745Words in s. 237(3)(b) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(b)(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F746Words in s. 237(3)(b) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(b)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F747Words in s. 237(4) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 4(3)(a) (with s. 226); S.I. 2009/400, art. 3

F748Words in s. 237(4)(b)(ii) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 4(3)(b) (with s. 226); S.I. 2009/400, art. 3

F749Words in s. 237(7) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 4(4) (with s. 226); S.I. 2009/400, art. 3

Marginal Citations

238 Use and development of consecrated land. E+W

(1)Notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land, any such land, which has been the subject of a relevant acquisition or appropriation, may subject to the following provisions of this section—

(a)if it has been acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

(b)in any other case, be used by any person in any manner in accordance with planning permission.

(2)Subsection (1) applies whether or not the land includes a building but it does not apply to land which consists of or forms part of a burial ground.

(3)Any use of consecrated land authorised by subsection (1) shall be subject—

(a)to compliance with the prescribed requirements with respect—

(i)to the removal and reinterment of any human remains, and

(ii)to the disposal of monuments and fixtures and furnishings; and

(b)to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part of it, remains on the land.

(4)Any use of land other than consecrated land which—

(a)has been the subject of a relevant acquisition or appropriation, and

(b)at the time of acquisition or appropriation included a church or other building used or formerly used for religious worship or the site of such a church or building,

shall be subject to compliance with such requirements as are mentioned in subsection (3)(a).

(5)Any regulations made for the purposes of subsection (3) or (4)—

(a)shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the same control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

(b)shall contain such requirements relating to the disposal of any such land as is mentioned in subsection (3) or (4) as appear to the Secretary of State requisite for securing that the provisions of those subsections are complied with in relation to the use of the land; and

(c)may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.

(6)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in subsection (1).

Modifications etc. (not altering text)

C343Ss. 238, 239 excluded (with modifications) by S.I. 2000/90, art. 4 (with art. 2(5))

C344Ss. 238-240 applied (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 238-240 applied (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 86; S.I. 2004/759 {art. 2}

S. 238 applied (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 211(7), 277

S. 238 applied (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 159(7), 208 (with s. 19(3))

239 Use and development of burial grounds. E+W

(1)Notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of them, any land consisting of a burial ground or part of a burial ground, which has been the subject of a relevant acquisition or appropriation, may—

(a)if it has been acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

(b)in any other case, be used by any person in any manner in accordance with planning permission.

(2)This section does not apply to land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with.

(3)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1).

Modifications etc. (not altering text)

C346Ss. 238, 239 extended (with modifications) (8.2.2000) by S.I. 2000/90, art. 4 (with art. 2(5))

C347Ss. 238-240 applied (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 238-240 applied (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 86; S.I. 2004/759, art. 2

S. 239 applied (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 211(7), 277

S. 239 applied (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 159(7), 208 (with s. 19(3))

240 Provisions supplemental to ss. 238 and 239.E+W

(1)Provision shall be made by any regulations made for the purposes of sections 238(3) and (4) and 239(2)—

(a)for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments;

(b)for enabling the personal representatives or relatives of any deceased person themselves to undertake—

(i)the removal and reinterment of the remains of the deceased, and

(ii)the disposal of any monument commemorating the deceased,

and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal (not exceeding such amount as may be prescribed);

(c)for requiring compliance—

(i)with such reasonable conditions (if any) as may be imposed in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal and the place and manner of reinterment of any human remains and the disposal of any monuments, and

(ii)with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.

(2)Subject to the provisions of any such regulations, no faculty is required—

(a)for the removal and reinterment in accordance with the regulations of any human remains, or

(b)for the removal or disposal of any monuments,

and section 25 of the M117Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) does not apply to a removal carried out in accordance with the regulations.

(3)In sections 238 and 239 and this section—

Modifications etc. (not altering text)

C348Ss. 238-240 applied (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 238-240 applied (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 86; S.I. 2004/759, art. 2

Marginal Citations

241 Use and development of open spaces.E+W

(1)Notwithstanding anything in any enactment relating to land which is or forms part of a common, open space or fuel or field garden allotment or in any enactment by which the land is specially regulated, such land which has been acquired by a Minister, a local authority or statutory undertakers under this Part or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or compulsorily under any other enactment, or which has been appropriated by a local authority for planning purposes—

(a)if it has been acquired by a Minister, may be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

(b)in any other case, may be used by any person in any manner in accordance with planning permission.

(2)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in subsection (1).

Modifications etc. (not altering text)

C349S. 241 applied (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

242 Overriding of rights of possession.E+W

If the Secretary of State certifies that possession of a house which—

(a)has been acquired or appropriated by a local authority for planning purposes, and

(b)is for the time being held by the authority for the purposes for which it was acquired or appropriated,

is immediately required for those purposes, nothing in the M119Rent Act 1977 or Part I of the M120Housing Act 1988 shall prevent the acquiring or appropriating authority from obtaining possession of the house.

Marginal Citations

Constitution of joint body to hold land for planning purposesE+W

243 Constitution of joint body to hold land for planning purposes.E+W

(1)If it appears to the Secretary of State, after consultation with the local authorities concerned, to be expedient that any land acquired by a local authority for planning purposes should be held by a joint body, consisting of representatives of that authority and of any other local authority, he may by order provide for the establishment of such a joint body and for the transfer to that body of the land so acquired.

(2)Any order under this section providing for the establishment of a joint body may make such provision as the Secretary of State considers expedient with respect to the constitution and functions of that body.

(3)The provisions which may be included under subsection (2) include provisions—

(a)for incorporating the joint body;

(b)for conferring on them, in relation to land transferred to them as mentioned in subsection (1), any of the powers conferred on local authorities by this Part or Chapter V of Part I of the M121Planning (Listed Buildings and Conservation Areas) Act 1990 in relation to land acquired and held by such authorities for the purposes of this Part or that Chapter;

(c)for determining the manner in which their expenses are to be defrayed.

(4)Regulations under this Act may make such provision consequential upon or supplementary to the provisions of this section as appears to the Secretary of State to be necessary or expedient.

Marginal Citations

General and supplementary provisionsE+W

244 Powers of joint planning boards under Part IX.E+W

(1)A joint planning board F750. . . shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.

(2)Such a board shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.

(3)Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 apply with the necessary modifications as if any such board were a local authority to which those sections applied.

(4)On being authorised to do so by the Secretary of State such a board shall have, for any purpose for which by virtue of this section they may acquire land compulsorily, the power which section 13 of the M122Local Government (Miscellaneous Provisions) Act 1976 confers on the local authorities to whom subsection (1) of that section applies to purchase compulsorily rights over land not in existence when their compulsory purchase is authorised, and subsections (2) to (5) of that section shall accordingly apply to the purchase of rights under this subsection as they apply to the purchase of rights under subsection (1) of that section.

Textual Amendments

F750Words in s. 244(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

[F751244A Powers of National Park authorities under Part IX.E+W

(1)A National Park authority shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.

(2)A National Park authority shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.

(3)Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a National Park authority were a local authority to which those sections applied and as if the Park in relation to which it carries out functions were the authority’s area.]

Textual Amendments

245 Modification of incorporated enactments for purposes of this Part.E+W

(1)Where—

(a)it is proposed that land should be acquired compulsorily under section 226 or 228, and

(b)a compulsory purchase order relating to that land is submitted to the confirming authority in accordance with Part II of the M123Acquisition of Land Act 1981 or, as the case may be, is made in draft by [F752the Secretary of State for Communities and Local Government] in accordance with Schedule 1 to that Act,

the confirming authority or, as the case may be, that Secretary of State may disregard for the purposes of that Part or, as the case may be, that Schedule any objection to the order or draft which, in the opinion of that authority or Secretary of State, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.

(2)F753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In construing the M124Compulsory Purchase Act 1965 in relation to any of the provisions of this Part—

(a)references to the execution of the works shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by section 237;

(b)in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and

(c)references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.

Textual Amendments

Modifications etc. (not altering text)

C350S. 245(1)(b): functions of the First Secretary of State transferred to the Secretary of State for Communities and Local Government (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), art. 4(1)(b)

Marginal Citations

246 Interpretation of Part IX.E+W

(1)In this Part—

(a)any reference to the acquisition of land for planning purposes is a reference to the acquisition of it under section 226 or 227 of this Act or section 52 of the M125Planning (Listed Buildings and Conservation Areas) Act 1990 (or, as the case may be, under section 112 or 119 of the 1971 Act or section 68 or 71 of the 1962 Act); and

(b)any reference to the appropriation of land for planning purposes is a reference to the appropriation of it for purposes for which land can be (or, as the case may be, could have been) acquired under those sections.

(2)Nothing in sections 237 to 241 shall be construed as authorising any act or omission on the part of a local authority or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution.

(3)Any power conferred by section 238, 239 or 241 to use land in a manner mentioned in those sections shall be construed as a power so to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work.

Marginal Citations

Part XE+W Highways

Orders made by Secretary of StateE+W

247 Highways affected by development: orders by Secretary of State.E+W

(1)The Secretary of State may by order authorise the stopping up or diversion of any highway [F754outside Greater London] if he is satisfied that it is necessary to do so in order to enable development to be carried out—

(a)in accordance with planning permission granted under Part III [F755or section 293A] , or

(b)by a government department.

(2)Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway [F756outside Greater London].

[F757(2A)The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out—

(a)in accordance with planning permission granted under Part III [F755or section 293A] , or

(b)by a government department.

(2B)Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.]

(3)[F758An order under subsection (1) or (2A)] may direct—

(a)that any highway provided or improved by virtue of it shall for the purposes of the M126Highways Act 1980 be a highway maintainable at the public expense;

(b)that the Secretary of State, [F759a strategic highways company,] or any county council, [F760county borough council,] metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;

(c)in the case of a highway for which the Secretary of State [F761or a strategic highways company] is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.

[F762(3A)An order under subsection (2A) may not provide that—

(a)the Secretary of State,

[F763(aa)a strategic highways company,]

(b)Transport for London, or

(c)a London borough other than the one whose council is making the order,

shall be the highway authority for a highway unless the Secretary of State, [F764the strategic highways company,] Transport for London or the council, as the case may be, so consents.]

(4)An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State [F765or the council of the London borough] to be necessary or expedient, including in particular—

(a)provision for authorising the Secretary of State [F765or the council of the London borough], or requiring any other authority or person specified in the order—

(i)to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or

(ii)to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the M127Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;

(b)provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

(5)An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.

(6)The provisions of this section shall have effect without prejudice to—

(a)any power conferred on the Secretary of State [F766or a London borough] by any other enactment to authorise the stopping up or diversion of a highway;

(b)the provisions of Part VI of the M128Acquisition of Land Act 1981; or

(c)the provisions of section 251(1).

Textual Amendments

F754Words in s. 247(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. 1

F756Words in s. 247(2) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch

F758Words in s. 247(3) substituted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F765Words in s. 247(4) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(7) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F766Words in s. 247(6)(a) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(8) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

Marginal Citations

248 Highways crossing or entering route of proposed new highway, etc.E+W

(1)This section applies where—

(a)planning permission is granted under Part III for constructing or improving, or the Secretary of State [F767or a strategic highways company] proposes to construct or improve, a highway (“the main highway”); and

(b)another highway crosses or enters the route of the main highway or is, or will be, otherwise affected by the construction or improvement of the main highway.

(2)Where this section applies [F768and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London], if it appears to the Secretary of State expedient to do so—

(a)in the interests of the safety of users of the main highway; or

(b)to facilitate the movement of traffic on the main highway,

he may by order authorise the stopping up or diversion of the other highway.

[F769(2A)Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so—

(a)in the interests of the safety of users of the main highway; or

(b)to facilitate the movement of traffic on the main highway,

it may by order authorise the stopping up or diversion of the other highway.]

(3)Subsections (2) [F770and (2B)] to (6) of section 247 shall apply to an order under this section as they apply to an order under that section, taking the reference in [F771subsections (2) and (2B)] of that section to any other highway as a reference to any highway other than that which is stopped up or diverted under this section and the references in subsection (3) to a highway provided or improved by virtue of an order under that section as including a reference to the main highway.

Textual Amendments

F768Words in s. 248(2) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 4(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F770Words in s. 248(3) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 4(4)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F771Words in s. 248(3) substituted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 4(4)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

249 Order extinguishing right to use vehicles on highway.E+W

(1)This section applies where—

(a)a local planning authority by resolution adopt a proposal for improving the amenity of part of their area, and

(b)the proposal involves the public ceasing to have any right of way with vehicles over a highway in that area, being a highway which is neither a trunk road [F772, a GLA road] nor a road classified as a principal road.

(2)[F773Where the public is to cease to have such a right of way at a place outside Greater London,] the Secretary of State may, on an application by a local planning authority who have so resolved, by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.

[F774(2A)Where—

(a)the public is to cease to have such a right of way at a place within a London borough, and

(b)the conditions mentioned in subsection (2B)(a) or (b) are satisfied,

the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.

(2B)The conditions are that—

(a)the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or

(b)another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.]

(3)An order under subsection (2) [F775or (2A)] may include such provision as the Secretary of State [F776or, as the case may be, the council of the London borough] (after consultation with every authority who are a local planning authority for the area in question and the highway authority) thinks fit for permitting the use on the highway of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection.

(4)Such provision as is mentioned in subsection (3) may be framed by reference to—

(a)particular descriptions of vehicles, or

(b)particular persons by whom, or on whose authority, vehicles may be used, or

(c)the circumstances in which, or the times at which, vehicles may be used for particular purposes.

(5)No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths, footways or bridleways shall affect any use of a vehicle on a highway in relation to which an order under subsection (2) [F777or (2A)] has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3).

(6)If any authority who are a local planning authority for the area in which a highway to which an order under subsection (2) [F778or (2A)] relates is situated apply to the Secretary of State [F779or, as the case may be, the council of the borough] in that behalf, [F780the Secretary of State or council] may by order revoke that order, and, if [F781the order is revoked], any right to use vehicles on the highway in relation to which the order was made which was extinguished by virtue of the order under that subsection shall be reinstated.

(7)Such an order as is mentioned in subsection (6) may make provision requiring the removal of any obstruction of a highway resulting from the exercise of powers under Part VIIA of the M129Highways Act 1980.

(8)Before making an application under subsection (2) [F782, (2A)] or (6) the local planning authority shall consult with the highway authority (if different) and any other authority who are a local planning authority for the area in question.

(9)Subsections (2) [F783, (2B)], (3), (4) and (6) of section 247 shall apply to an order under this section as they apply to an order under that section.

Textual Amendments

Modifications etc. (not altering text)

C352S. 249: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

Marginal Citations

250 Compensation for orders under s. 249.E+W

(1)Any person who, at the time of an order under section 249(2) [F784, (2B)] coming into force, has an interest in land having lawful access to a highway to which the order relates shall be entitled to be compensated by the local planning authority on whose application the order was made in respect of—

(a)any depreciation in the value of his interest which is directly attributable to the order; and

(b)any other loss or damage which is so attributable.

F785(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A claim for compensation under this section shall be made to the local planning authority on whose application the order was made within the prescribed time and in the prescribed manner.

(4)For the purpose of assessing any such compensation the rules set out in section 5 of the M130Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(5)Where an interest in land is subject to a mortgage—

(a)any compensation to which this section applies which is payable in respect of depreciation of the value of that interest shall be assessed as if the interest were not subject to the mortgage;

(b)a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c)no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d)any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee (or, if there is more than one mortgagee, to the first mortgagee) and shall in either case be applied by him as if it were proceeds of sale.

(6)Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the [F786Upper Tribunal].

(7)In relation to the determination of any such question, the provisions of [F787section] 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.

Textual Amendments

Modifications etc. (not altering text)

C357S. 250: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

Marginal Citations

251 Extinguishment of public rights of way over land held for planning purposes.E+W

(1)Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied—

(a)that an alternative right of way has been or will be provided; or

(b)that the provision of an alternative right of way is not required.

(2)In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.

(3)Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.

Modifications etc. (not altering text)

C359S. 251 restricted (17.7.1992) by S.I. 1992/1492, reg. 15(5)

S. 251: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

252 Procedure for making of orders.E+W

(1)Before making an order under section 247, 248, 249 or 251 the Secretary of State [F788or, as the case may be, the council of a London borough] shall publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice—

(a)stating the general effect of the order;

(b)specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and

(c)stating that any person may within that period by notice to the Secretary of State [F789or, as the case may be, the council of the London borough] object to the making of the order.

(2)Not later than the publication date, the Secretary of State [F790or, as the case may be, the council of the London borough] shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan—

(a)on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and

[F791(aa)on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and]

(b)on any water, sewerage, hydraulic power or electricity undertakers or [F792public gas transporter] having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.

(3)Not later than the publication date, the Secretary of State [F793or, as the case may be, the council of the London borough] shall also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.

(4)If before the end of the period of 28 days mentioned in subsection (1)(b) an objection is received by the Secretary of State [F794or, as the case may be, the council of the London borough,] from any local authority [F795National Park authority] or undertakers or [F792public gas transporter] on whom a notice is required to be served under subsection (2), or from any other person appearing to [F796to the Secretary of State or, as the case may be, the council] to be affected by the order, and the objection is not withdrawn, then

[F797(a)in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or

(b)in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.]

(5)If, in a case where [F798the Secretary of State is proposing to make an order and] the objection is made by a person other than such a local authority or undertakers or [F792transporter], the Secretary of State is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary he may dispense with the inquiry.

[F799(5A)In a case where—

(a)the council of a London borough is proposing to make the order,

(b)the council has under subsection (4)(b) notified the Mayor of London of the objections, and

(c)none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,

the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry.]

(6)Subsections (2) to (5) of section 250 of the M131Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry caused to be held by the Secretary of State [F800or the council of a London borough] under subsection (4).

[F801(6A)In their application to an inquiry caused to be held by the council of a London borough—

(a)subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if—

(i)for the reference to a Minister there were substituted a reference to the council of a London borough,

(ii)for the reference to him there were substituted a reference to the council,

(iii)for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and

(iv)for the references to the Minister there were substituted references to the council of the London borough, and

(b)subsection (5) of that section shall be treated as if—

(i)for the reference to the Minister there were substituted a reference to the council of a London borough, and

(ii)the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London.]

(7)Where publication of the notice mentioned in subsection (1) takes place on more than one day, the references in this section to the publication date are references to the latest date on which it is published.

(8)[F802Where the Secretary of State is proposing to make an order,] after considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may, subject to subsection (9), make the order either without modification or subject to such modifications as he thinks fit.

[F803(8A)Where the council of a London borough is proposing to make an order, after—

(a)considering any objections to the order which are not withdrawn, and

(b)where a local inquiry is held—

(i)considering the report of the person who held the inquiry, and

(ii)obtaining the consent of the Mayor of London to the making of the order,

the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit.]

(9)Where—

(a)the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and

(b)objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and

(c)the objection is not withdrawn,

the order shall be subject to special parliamentary procedure.

(10)Immediately after the order has been made, the Secretary of State [F804or, as the case may be, the council of the London borough] shall publish, in the manner specified in subsection (1), a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours.

[F805(10A)Nothing in subsection (2) shall require the council of a London borough to serve anything on itself.]

(11)Subsections (2), (3) and (7) shall have effect in relation to a notice under subsection (10) as they have effect in relation to a notice under subsection (1).

(12)In this section—

and in subsection (2)—

(i)the reference to water undertakers shall be construed as including a reference to [F814the Environment Agency and the Natural Resources Body for Wales, and]

(ii)the reference to electricity undertakers shall be construed as a reference to holders of licences under section 6 of the M134Electricity Act 1989 who are entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.

Textual Amendments

F788Words in s. 252(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F789Words in s. 252(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F790Words in s. 252(2) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F792Words in s. 252(2)(b)(4)(5) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 18(1)(a)(b)(c); S.I. 1996/218, art. 2

F793Words in s. 252(3) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F794Words in s. 252(4) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(5)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F795Words in s. 252(4) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(7)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F796Words in s. 252(4) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(5)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F797S. 252(4)(a)(b) substituted (3.7.2000) for words in s. 252(5) by 1999 c. 29, s. 270, Sch. 22 para. 7(5)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F798Words in s. 252(5) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F800Words in s. 252(6) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(8) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F802Words in s. 252(8) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(10) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F804Words in s. 252(10) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(12) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F806Words in the definition of "local authority" in s. 252(12) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(10)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F807Words in the definition of "local authority" in s. 252(12) inserted (1.10.1995) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(10)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 4(1), Sch. 2

F808Words in the definition of "local authority" in s. 252(12) inserted (1.10.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 63; S.I. 1994/2025, art. 6(1)(2)(g) (with art. 6(6)); S.I. 1994/3262, art. 4(1), Sch.

F810S. 252(12): words in definition of "local authority" inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148, 149, Sch. 6 para. 82(2); S.I. 2009/3318, art. 2

F811Words in the definition of "local authority" in s. 252(12) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 57 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F812Words in the definition of "local authority" in s. 252(12) inserted (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 32 (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2))

F813Word in the definition of "local authority" in s. 252(12) repealed (8.11.1995) by 1995 c. 44, s. 1(1), Sch. 1 Pt. VI

Modifications etc. (not altering text)

C365S. 252 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 2(b)

Marginal Citations

253 Procedure in anticipation of planning permission.E+W

(1)Where—

(a)the Secretary of State [F815or the council of a London borough] would, if planning permission for any development had been granted under Part III, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, F816...

F816(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, notwithstanding that such permission has not been granted, the Secretary of State [F817or, as the case may be, the council of the London borough] may publish notice of the draft of such an order in accordance with section 252.

[F818(1A)Where—

(a)the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and

(b)subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the Welsh Ministers may publish notice of the draft of such an order in accordance with section 252.]

(2)This subsection applies where the relevant development is the subject of an application for planning permission and either—

(a)that application is made by a local authority [F819National Park authority] or statutory undertakers F820. . .; or

[F821(aa)that application has been made to the Welsh Ministers under section 62D, 62F, 62M or 62O; or]

(b)that application stands referred to the [F822Welsh Ministers] in pursuance of a direction under section 77; or

(c)the applicant has appealed to the [F822Welsh Ministers] under section 78 against a refusal of planning permission or of approval required under a development order [F823or a local development order] or against a condition of any such permission or approval.

(3)This subsection applies where—

(a)the relevant development is to be carried out by a local authority [F819National Park authority] or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and

(b)the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.

(4)This subsection applies where the council of a county [F824or county borough,] a National Park authority or a joint planning board certify that they have begun to take such steps, in accordance with regulations made by virtue of section 316, as are required to enable them to obtain planning permission for the relevant development.

(5)Section 252(8) shall not be construed as authorising the Secretary of State [F825, the council of a London borough or the Welsh Ministers] to make an order under section 247 or 248 of which notice has been published by virtue of subsection (1) [F826or, as the case may be, (1A)] until planning permission is granted for the development which occasions the making of the order.

Textual Amendments

F815Words in s. 253(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 8(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F816S. 253(1)(b) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 11(2), 35(3)

F817Words in s. 253(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 8(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F819Words in s. 253(2)(a)(3)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(8)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F820Words in s. 253(2)(a) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 39(1), Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

F822Words in s. 253(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(4)(a), 35(3)

F823Words in s. 253(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(4)(b), 35(3)

F824Words in s. 253(4) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(5), 35(3)

F825Words in s. 253(5) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(6)(a), 35(3)

F826Words in s. 253(5) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(6)(b), 35(3)

254 Compulsory acquisition of land in connection with highways.E+W

(1)The Secretary of State, or a local highway authority [F827or a strategic highways company] on being authorised by the Secretary of State to do so, may acquire land compulsorily—

(a)for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 247, 248 or 249 or for any other purpose for which land is required in connection with the order; or

(b)for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under an order under section 251.

(2)The M135Acquisition of Land Act 1981 shall apply to the acquisition of land under this section.

Textual Amendments

Marginal Citations

255 Concurrent proceedings in connection with highways.E+W

(1)In relation to orders under sections 247, 248 and 249, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section 254 (as mentioned in subsection (1)(a) of that section) may be taken concurrently with any proceedings required to be taken for the purposes of the order.

(2)In relation to orders under section 251, regulations made under this Act may make provision for securing—

(a)that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or

(b)that any proceedings required to be taken for the purposes of the acquisition of any other land under section 254 (as mentioned in subsection (1)(b) of that section) may be taken concurrently with either or both of the proceedings referred to in paragraph (a).

256 Telecommunication apparatus: orders by Secretary of State.E+W

(1)Where—

(a)in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and

(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any [F828electronic communications apparatus] kept installed for the purposes of [F829an electronic communications code network] ,

the operator of that [F830network] shall have the same powers in respect of the apparatus as if the order had not come into force.

(2)Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.

(3)Where—

(a)any such order provides for the improvement of a [F831highway for which the Secretary of State is not the highway authority], and

(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any [F828electronic communications apparatus] kept installed for the purposes of [F829an electronic communications code network] ,the F832... highway authority shall be entitled to require the alteration of the apparatus.

(4)Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of [F833major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991].

(5)Paragraph 1(2) of the [F834electronic communications code](alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.

(6)Paragraph 21 of the [F834electronic communications code](restriction on removal of [F828electronic communications apparatus]) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any [F828electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.

Textual Amendments

F828Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F829Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F830Word in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(e) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F834Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Orders by other authoritiesE+W

257 Footpaths [F835, bridleways and restricted byways] affected by development: orders by other authorities.E+W

(1)Subject to section 259, a competent authority may by order authorise the stopping up or diversion of any footpath [F836, bridleway or restricted byway] if they are satisfied that it is necessary to do so in order to enable development to be carried out—

(a)in accordance with planning permission granted under Part III [F837or section 293A], or

(b)by a government department.

[F838(1A)Subject to section 259, a competent authority may by order authorise the stopping up or diversion [F839in England] of any footpath, bridleway or restricted byway if they are satisfied that—

(a)an application for planning permission in respect of development has been made under Part 3, and

(b)if the application were granted it would be necessary to authorise the stopping up or diversion in order to enable the development to be carried out.]

(2)An order under this section may, if the competent authority are satisfied that it should do so, provide—

(a)for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use;

(b)for authorising or requiring works to be carried out in relation to any footpath [F836, bridleway or restricted byway] for whose stopping up or diversion, creation or improvement provision is made by the order;

(c)for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath [F836, bridleway or restricted byway];

(d)for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

(3)An order may be made under this section authorising the stopping up or diversion of a footpath [F836, bridleway or restricted byway] which is temporarily stopped up or diverted under any other enactment.

(4)In this section “competent authority” means—

(a)in the case of development authorised by a planning permission, the local planning authority who granted the permission or, in the case of a permission granted by the Secretary of State [F840or by the Welsh Ministers], who would have had power to grant it; F841...

(b)in the case of development carried out by a government department, the local planning authority who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made.

[F842(c)in the case of development in respect of which an application for planning permission has been made under Part 3, the local planning authority to whom the application has been made or, in the case of an application made to the Secretary of State under section 62A [F843or to the Welsh Ministers under section 62D, 62F, 62M or 62O], the local planning authority to whom the application would otherwise have been made.]

Textual Amendments

F835Words in s. 257 sidenote substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F836Words in s. 257(1)(2)(b)(c)(3) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F839Words in s. 257(1A) omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 38(2), 58(2)(b)(4)(b)

F840Words in s. 257(4)(a) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 14(a)

F841Word in s. 257(4) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 12(3)(a), 35(3)

F843Words in s. 257(4)(c) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 14(b)

Modifications etc. (not altering text)

C367Ss. 257-261 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 2(1), Sch. Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

258 Extinguishment of public rights of way over land held for planning purposes.E+W

(1)Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, then, subject to section 259, the local authority may by order extinguish any public right of way over the land, being a footpath [F844, bridleway or restricted byway] , if they are satisfied—

(a)that an alternative right of way has been or will be provided; or

(b)that the provision of an alternative right of way is not required.

(2)In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.

(3)Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.

Textual Amendments

F844Words in s. 258(1) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Modifications etc. (not altering text)

C369S. 258: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

259 Confirmation of orders made by other authorities.E+W

(1)An order made under section 257 or 258 shall not take effect unless confirmed by the [F845Secretary of State] [F845appropriate national authority] or unless confirmed, as an unopposed order, by the authority who made it.

[F846(1A)An order under section 257(1A) may not be confirmed unless the [F847Secretary of State] [F847appropriate national authority] or (as the case may be) the authority is satisfied—

(a)that planning permission in respect of the development has been granted, and

(b)it is necessary to authorise the stopping up or diversion in order to enable the development to be carried out in accordance with the permission.]

(2)The [F848Secretary of State] [F848appropriate national authority] shall not confirm [F849any order under section 257(1) or 258] unless satisfied as to every matter as to which the authority making the order are required under section 257 or, as the case may be, section 258 to be satisfied.

(3)The time specified—

(a)in an order under section 257 as the time from which a footpath [F850, bridleway or restricted byway] is to be stopped up or diverted; or

(b)in an order under section 258 as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

(4)Schedule 14 shall have effect with respect to the confirmation of orders under section 257 or 258 and the publicity for such orders after they are confirmed.

[F851(5)The appropriate national authority, for the purposes of this section, is⁠—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers.]

Textual Amendments

F845Words in s. 259(1) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(a), 58(2)(b)(4)(b)

F847Words in s. 259(1A) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(a), 58(2)(b)(4)(b)

F848Words in s. 259(2) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(a), 58(2)(b)(4)(b)

F849Words in s. 259(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 12(5), 35(3)

F850Words in s. 259(3)(a) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F851S. 259(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(b), 58(2)(b)(4)(b)

Modifications etc. (not altering text)

C376Ss. 257-261 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 2(1), Sch. Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

260 Telecommunication apparatus: orders by or on application of other authorities.E+W

(1)This section applies where—

(a)any order is made by a local authority under section 258(1), or on the application of a local authority under section 251(1), which extinguishes a public right of way; or

(b)any order is made by a competent authority under section 257 which authorises the stopping up or diversion of a footpath [F852, bridleway or restricted byway],

and at the time of the publication of the notice required by section 252(1) or, as the case may be, paragraph 1 of Schedule 14 any [F853electronic communications apparatus] was kept installed for the purposes of [F854an electronic communications code network] under, in, on, over, along or across the land over which the right of way subsisted.

(2)In subsection (1) “competent authority” has the same meaning as in section 257 and in the following provisions of this section references to the authority are to the authority who made the order or, as the case may be, to the authority on whose application it was made.

(3)The power of the operator of [F855the electronic communications code network] to remove the apparatus—

(a)shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished or authorised to be stopped up or diverted; and

(b)if before the end of that period the operator of the [F856network] has given notice to the authority of his intention to remove the apparatus or a part of it, shall be exercisable in respect of the whole or, as the case may be, that part of the apparatus after the end of that period.

(4)The operator of the [F856network] may by notice given in that behalf to the authority not later than the end of that period abandon the [F853electronic communications apparatus] or any part of it.

(5)Subject to subsection (4), the operator of the [F856network] shall be deemed at the end of that period to have abandoned any part of the apparatus which the operator has then neither removed nor given notice of his intention to remove.

(6)The operator of the [F856network] shall be entitled to recover from the authority the expense of providing, in substitution for the apparatus and any other [F853electronic communications apparatus] connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any [F857electronic communications apparatus] in such other place as the operator may require.

(7)Where under the previous provisions of this section the operator of the [F856network] has abandoned the whole or any part of any [F853electronic communications apparatus] , that apparatus or that part of it shall vest in the authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of [F854an electronic communications code network] .

(8)As soon as reasonably practicable after the making of any such order as is mentioned in paragraph (a) or (b) of subsection (1) in circumstances in which that subsection applies in relation to the operator of [F854an electronic communications code network] , the person by whom the order was made shall give notice to the operator of the making of the order.

(9)Subsections (5) and (6) of section 256 apply for the purposes of this section as they apply for the purposes of that section.

Textual Amendments

F852Words in s. 260(1)(b) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F853Words in s. 260 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(d)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F854Words in s. 260 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(d)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F855Words in s. 260 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(d)(2)(d) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F856Words in s. 260 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(d)(2)(e) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F857Words in s. 260 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Modifications etc. (not altering text)

C377S. 260 applied (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6, para. 16(2); S.I. 1998/2952, art. 2(1); S.I. 2000/1173, art. 2(2)(c)

C378Ss. 257-261 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 2(1), Sch. Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Temporary highway orders: mineral workingsE+W

261 Temporary stopping up of highways for mineral workings.E+W

(1)Where the Secretary of State [F858or the council of a London borough] is satisfied—

(a)that an order made by him [F859or, as the case may be, the council] under section 247 for the stopping up or diversion of a highway is required for the purpose of enabling minerals to be worked by surface working; and

(b)that the highway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,

the order may provide for the stopping up or diversion of the highway during such period as may be prescribed by or under the order and for its restoration at the expiration of that period.

(2)Where a competent authority within the meaning of section 257 are satisfied—

(a)that an order made by them under that section for the stopping up or diversion of a footpath [F860, bridleway or restricted byway] is required for the purpose of enabling minerals to be worked by surface working; and

(b)that the footpath [F860, bridleway or restricted byway] can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,

the order may provide for the stopping up or diversion of the footpath [F860, bridleway or restricted byway] during such period as may be prescribed by or under the order and for its restoration at the expiration of that period.

(3)Without prejudice to the provisions of section 247 or 257, any such order as is authorised by subsection (1) or (2) may contain such provisions as appear to the Secretary of State [F861, the council of the London borough or] the competent authority [F862(as the case may be)] to be expedient—

(a)for imposing upon persons who, apart from the order, would be subject to any liability with respect to the repair of the original highway during the period prescribed by or under the order a corresponding liability in respect of any highway provided in pursuance of the order;

(b)for the stopping up at the expiry of that period of any highway so provided and for the reconstruction and maintenance of the original highway;

and any provision included in the order in accordance with subsection (4) of section 247 or subsection (2) of section 257 requiring payment to be made in respect of any cost or expenditure under the order may provide for the payment of a capital sum in respect of the estimated amount of that cost or expenditure.

(4)In relation to any highway which is stopped up or diverted by virtue of an order under section 247 or 248, sections 271 and 272 shall have effect—

(a)as if for references to land which has been acquired as there mentioned and to the acquiring or appropriating authority there were substituted respectively references to land over which the highway subsisted and to the person entitled to possession of that land; and

(b)as if references in subsection (5) of each of those sections to a local authority or statutory undertakers included references to any person (other than a Minister) who is entitled to possession of that land,

and sections 275 to 278 shall have effect accordingly.

(5)Subsection (4) shall not apply to land constituting the site of a highway in respect of which opencast planning permission (within the meaning of section 51 of the M136Opencast Coal Act 1958) has been granted.

Textual Amendments

F860Words in s. 261(2) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Modifications etc. (not altering text)

C380S. 261 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(a)

C381Ss. 257-261 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 2(1), Sch. Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Marginal Citations

Part XIE+W Statutory Undertakers

Modifications etc. (not altering text)

C382Pt XI (ss. 262-283) applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 19(3); S.I. 1993/2762, art. 3

Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. XI (ss. 262-283) applied (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 16(2)(3); S.I. 1998/2952, art. 2(1); S.I. 2000/1173, art. 2(2)(c)

Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

PreliminaryE+W

262 Meaning of “statutory undertakers”.E+W

(1)Subject to the following provisions of this section, in this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power and a relevant airport operator (within the meaning of Part V of the M137Airports Act 1986).

(2)Subject to the following provisions of this section, in this Act “statutory undertaking” shall be construed in accordance with subsection (1) and, in relation to a relevant airport operator (within the meaning of that Part), means an airport to which that Part of that Act applies.

(3)Subject to [F863subsections (5) to (5B)], for the purposes of the provisions mentioned in subsection (4) any public gas transporter, water or [F864sewerage undertaker, the Environment Agency, the Natural Resources Body for Wales, any universal] postal service provider in connection with the provision of a universal postal service [F865, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)] shall be deemed to be statutory undertakers and their undertakings statutory undertakings.

(4)The provisions referred to in subsection (3) are sections 55, 90, 101, 108(3), F866. . ., 139 to 141, 143, 148, 170(12)(b), 236(2)(a), 237 to 241, 245, 247(4)(b), 253, 257(2), 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9), 336(2) and (3), paragraph 18 of Schedule 1 and Schedules 8, 13 and 14.

(5)Subsection (4) shall apply—

(a)as respects [F867a universal postal service provider in connection with the provision of a universal postal service], as if the reference to sections 55, 247(4)(b), 253 and 257(2) were omitted; and

(b)as respects [F868a universal postal service provider in connection with the provision of a universal postal service] [F869, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)] as if—

(i)the references to sections 245, 263(1) and (2) and 336(2) and (3) were omitted; and

(ii)after the words “ 266 to 283” there were inserted the words “ (except section 271 as applied by section 13 of the Opencast Coal Act 1958) ”.

[F870(5A)For the purposes of this Act

(a)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b)the person's undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person's undertaking as licence holder.]

[F871(5B)The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.]

(6)Any holder of a licence under section 6 of the M138Electricity Act 1989 shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking—

(a)for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;

(b)for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and

(c)for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.

(7)The provisions referred to in subsection (6) are—

(a)sections 55, 108(3), F866. . ., 139 to 141, 143, 148, 236(2)(a), 237, 245, 253, 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9) and 336(2) and (3), paragraph 18 of Schedule 1 and Schedule 13;

(b)sections 170(12)(b) and 238 to 241; and

(c)sections 247(4) and 257(2) and Schedule 14.

Textual Amendments

F863Words in s. 262(3) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1, para. 80(2)(a)

F865Words in s. 262(3) substituted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(2); S.I. 2001/869, art. 2

F867Words in s. 262(5)(a) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(3)

F868Words in s. 262(5)(b) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(3)

F869Words in s. 262(5)(b) substituted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(3); S.I. 2001/869, art. 2

F870S. 262(5A) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(4); S.I. 2001/869, art. 2

F871S. 262(5B) inserted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(4)

Modifications etc. (not altering text)

C383S. 262 applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 19(2); S.I. 1993/2762, art. 3

C385S. 262 modified (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(2) (with arts. 11, 12)

C389S. 262(1) extended (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 34 (with art. 38)

S. 262(1) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 18(4), 49(1) (with art. 52)

S. 262(1) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(4)

Marginal Citations

263 Meaning of “operational land”.E+W

(1)Subject to the following provisions of this section and to section 264, in this Act “operational land” means, in relation to statutory undertakers—

(a)land which is used for the purpose of carrying on their undertaking; and

(b)land in which an interest is held for that purpose.

(2)Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

[F872(2A)Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B)Subject to section 264, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

(a)which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b)in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C)If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.]

[F873(2D)Subsection (1) does not apply in relation to a universal postal service provider.

F873(2E)Subject to subsections (3) and (4) and section 264, in this Act “operational land” means, in relation to a universal postal service provider, land—

(a)which is used by the provider, or by a company associated with him, for any purpose in connection with the provision of a universal postal service, or

(b)in which the provider, or a company associated with him, holds an interest for any such purpose.]

(3)In sections 108(3), F874. . ., 266 to 283 and Part II of Schedule 8 “operational land”, in relation to [F875a universal postal service provider] and the Civil Aviation Authority, means land of the [F876provider’s] or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.

(4)Such regulations—

(a)shall be made—

(i)in the case of [F877a universal postal service provider], by the appropriate Minister and the Secretary of State acting jointly; and

(ii)in the case of the Civil Aviation Authority, by the appropriate Minister;

(b)may define a class of land by reference to any circumstances whatsoever, and

(c)in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.

Textual Amendments

F872S. 263(2A)(2B)(2C) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 7 (with s. 106); S.I. 2001/869, art. 2

F873S. 263(2D)(2E) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 81(2)

F875Words in s. 263(3) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 81(3)(a)

F876Words in s. 263(3) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 81(3)(b)

F877Words in s. 263(4)(a)(i) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 81(4)

264 Cases in which land is to be treated as not being operational land.E+W

(1)This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—

(a)the interest was acquired by them on or after 6th December 1968; or

(b)it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1962 Act.

(2)Where this section applies in respect of any land then, notwithstanding the provisions of section 263, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4).

(3)Land falls within this subsection if—

(a)there is, or at some time has been, in force with respect to it a specific planning permission for its development; and

(b)that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.

(4)Land falls within this subsection if—

(a)the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the M139Transport Act 1968, the M140Transport (London) Act 1969, the M141Gas Act 1986, the M142Airports Act 1986 [F878the Water Act 1989 or the Water Industry Act 1991] [F879or, in the case of land held by Canal & River Trust, the Public Bodies Act 2011] from other statutory undertakers; and

(b)immediately before transfer the land was operational land of those other undertakers.

[F880(4A)For the purposes of this section an interest in land acquired by Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) under or by virtue of that Act shall be taken to have been acquired by Transport for London or that subsidiary at the time and in the manner in which it was acquired by the relevant predecessor.

(4B)In subsection (4A) “relevant predecessor” means London Regional Transport or such other predecessor in title of Transport for London or the subsidiary of Transport for London as last acquired the interest in question—

(a)as the result of such a transfer as is mentioned in paragraph (a) of subsection (4); and

(b)in such circumstances as are mentioned in paragraph (b) of that subsection.]

(5)A specific planning permission for the purpose of subsection (3)(a) is a planning permission—

(a)granted on an application in that behalf made under Part III; or

(b)granted by provisions of a development order F881... granting planning permission generally for development which has received specific parliamentary approval; or

(c)granted by a special development order in respect of development specifically described in the order;

[F882(ca)granted by a local development order or a neighbourhood development order;] or

(d)deemed to be granted by virtue of a direction of a government department under section 90(1).

(6)In subsection (5)—

(a)the reference in paragraph (a) to Part III includes a reference to Part III of the 1971 Act and the enactments in force before the commencement of that Act and replaced by Part III of it; and

(b)the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised—

(i)by a local or private Act of Parliament,

(ii)by an order approved by both Houses of Parliament; or

(iii)by an order which has been brought into operation in accordance with the provisions of the M143Statutory Orders (Special Procedure) Act 1945,

being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out;

(c)the reference in paragraph (d) to section 90(1) includes a reference to section 40 of the 1971 Act, section 41 of the 1962 Act and section 35 of the 1947 Act.

(7)This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the M144Post Office Act 1969.

(8)Where an interest in land is held by [F883—

(a)the Civil Aviation Authority, or

(b)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 or a company associated with that person,]

this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority [F884or the licence holder] for the purposes of this act.

Textual Amendments

F881Words in s. 264(5)(b) repealed (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 20(a), Sch. 25 Pt. 18; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2013/797, arts. 1(2), 2

F882S. 264(5)(ca) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 20(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F883S. 264(8)(a)(b) substituted for the words “the Civil Aviation Authority” (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. III para. 13(a)(i)

F884Words in s. 264(8) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. III para. 13(a)(ii)

Modifications etc. (not altering text)

C393S. 264(3) modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 27 (with art. 33)

C397S. 264(3)(a) modified (18.12.1996) by 1996 c. 61, s. 9(9)

S. 264(3)(a) modified (22.3.2001) by S.I. 2001/1451, art. 7(1)

S. 264(3)(a) modified (29.3.2001) by S.I. 2001/1347, art. 20(3)

S. 264(3)(a) modified (24.7.2001) by S.I. 2001/3627, art. 31

S. 264(3)(a) modified (9.11.2001) by S.I. 2001/3682, art. 17(3)

S. 264(3)(a) modified (18.7.2001) by S.I. 2001/2870, art. 23(1)

S. 264(3)(a) modified (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 14(3) (with art. 38)

S. 264(3)(a) modified (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), art. 14(3)

S. 264(3)(a) modified (12.8.2002) by The Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002 (S.I. 2002/1943), art. 12

S. 264(3)(a) modified (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 36 (with art. 40)

S. 264(3)(a) modified (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), art. 34 (with art. 38)

S. 264(3)(a) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(3)

S. 264(3)(a) modified (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), art. 29 (with art. 38)

S. 264(3)(a) modified (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), art. 24(1) (with arts. 65, 66)

S. 264(3)(a) modified (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 48(1) (with art. 51)

S. 264(3)(a) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(1) (with art. 30)

S. 264(3)(a) modified (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), art. 44(1) (with art. 47)

S. 264(3)(a) modified (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 15 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

S. 264(3)(a) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(3) (with arts. 3(5), 15(3))

S. 264(3)(a) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 18(3) (with art. 52)

S. 264(3)(a) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 49(2) (with art. 52)

S. 264(3)(a) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(3) (with art. 43)

S. 264(3)(a) modified (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), art. 44 (with arts. 34, 35(2))

S. 264(3)(a) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(3)

S. 264(3)(a) modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(3) (with arts. 3(6), 12(3))

S. 264(3)(a) modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(3) (with art. 19, Sch. 3 para. 13(2))

C398S. 264(3)(a) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(8)

C405S. 264(3)(a) modified (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 28 (with art. 26(2))

C409S. 264(3)(a) modified (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 29 (with arts. 11, 12)

C417S. 264(3)(a) modified (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 36 (with arts. 12, 13, Sch. 12)

C421S. 264(3)(a) modified (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 31

C422S. 264(3)(a) modified (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 37 (with art. 36(2))

Marginal Citations

265 Meaning of “the appropriate Minister”.E+W

(1)Subject to the following provisions of this section, in this Act “the appropriate Minister” means—

F885(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F886(a)in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000, or a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986), the Secretary of State for Transport;]

(b)in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power, the [F887Secretary of State for Trade and Industry];

(c)in relation to [F888a universal postal service provider], the Secretary of State for Trade and Industry; and

[F889(d)in relation to any other statutory undertakers, the Secretary of State for Communities and Local Government.]

(2)For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8, “the appropriate Minister”, in relation to a [F890public gas transporter] or a holder of a licence under section 6 of the M145Electricity Act 1989, means the [F887Secretary of State for Trade and Industry].

(3)For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8 and Schedule 14 “the appropriate Minister”—

(a)in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture, Fisheries and Food; F891...

[F892(aa)in relation to the Natural Resources Body for Wales, means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs; and]

(b)in relation to a water or sewerage undertaker, means the Secretary of State.

(4)References in this Act to the Secretary of State and the appropriate Minister—

(a)if the appropriate Minister is not the one concerned as the Secretary of State, shall be construed as references to the Secretary of State and the appropriate Minister; and

(b)if the one concerned as the Secretary of State is also the appropriate Minister, shall be construed as references to him alone,

and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.

Textual Amendments

F885S. 265(1)(a) repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 11, 14(a)

F887Words in s. 265(1)(2) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. para. 1(f)

F888Words in s. 265(1)(c) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 82

F890Words in s. 265(2) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 18(3); S.I. 1996/218, art. 2

Modifications etc. (not altering text)

C430S. 265(1)(b)(2): functions transferred to the Secretary of State for Energy and Climate Change (5.3.2009) by The Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 4, Sch. 1(d)

C431S. 265(1)(d) functions transferred to the Secretary of State for Transport (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), art. 6 (with arts. 7, 8)

S. 265(1)(d): functions of the First Secretary of State transferred to the Secretary of State for Communities and Local Government (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), art. 4(1)(c)

C432S. 265(3)(a)(4): functions transferred to the Secretary of State for Environment, Food and Rural Affairs (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 3(1)(g)(2) (with art. 6)

Marginal Citations

Application of Part III to statutory undertakersE+W

266 Applications for planning permission by statutory undertakers.E+W

(1)Where—

(a)an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Secretary of State under Part III; or

(b)an appeal is made to the Secretary of State under that Part from the decision on such an application; or

(c)such an application is deemed to be made under subsection (5) of section 177 on an appeal under section 174 by statutory undertakers,

the application or appeal shall be dealt with by the Secretary of State and the appropriate Minister.

[F893(1A)Subsection (1) has effect in relation to an application or appeal relating to land in England only if the Secretary of State or the appropriate Minister has given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).]

[F894(1B)Subsection (1) has effect in relation to an application or appeal relating to land in Wales only if the Welsh Ministers or the appropriate Minister have given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).]

(2)Subsection (1) applies—

(a)to operational land; and

(b)to land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

F895(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to the provisions of this Part as to compensation, the provisions of this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State.

(5)Subsection (2)(b) shall have effect in relation to the Civil Aviation Authority as if for the reference to development involving the use of land for the purpose of carrying on the Civil Aviation Authority’s undertaking there were substituted a reference to development involving the use of land for such of the purposes of carrying on that undertaking as may be prescribed by the appropriate Minister.

Textual Amendments

F893S. 266(1A) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 195, 241 (with s. 226); S.I. 2009/400, art. 3

267 Conditional grants of planning permission.E+W

Notwithstanding anything in Part III, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring—

(a)that any buildings or works authorised by the permission shall be removed, or

(b)that any use of the land so authorised shall be discontinued,

at the end of a specified period.

268 Development requiring authorisation of government department.E+W

(1)The Secretary of State and the appropriate Minister shall not be required under section 266(1) to deal with an application for planning permission for the development of operational land if the authorisation of a government department is required in respect of that development.

(2)Subsection (1) does not apply where the relevant authorisation has been granted without any direction as to the grant of planning permission.

(3)For the purposes of this section development shall be taken to be authorised by a government department if—

(a)any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

(b)a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

(c)consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;

(d)authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or

(e)any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the authorisation of a government department shall be construed accordingly.

269 Revocation or modification of permission to develop operational land.E+W

In relation to any planning permission granted on the application of statutory undertakers for the development of operational land, the provisions of Part III with respect to the revocation and modification of planning permission shall have effect as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.

270 Order requiring discontinuance of use etc. of operational land.E+W

The provisions of Part III with respect to the making of orders—

(a)requiring the discontinuance of any use of land;

(b)imposing conditions on the continuance of it; or

(c)requiring buildings or works on land to be altered or removed,

and the provisions of Schedule 9 with respect to the making of orders under that Schedule shall have effect in relation to operational land of statutory undertakers as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.

Extinguishment of rights of statutory undertakers, etc.E+W

271 Extinguishment of rights of statutory undertakers: preliminary notices.E+W

(1)This section applies where any land has been acquired by a Minister, a local authority or statutory undertakers under Part IX of this Act or Chapter V of Part I of the M146Planning (Listed Buildings and Conservation Areas) Act 1990 or compulsorily under any other enactment or has been appropriated by a local authority for planning purposes, and—

(a)there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or

(b)there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

(2)If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the statutory undertakers a notice—

(a)stating that at the end of the relevant period the right will be extinguished; or

(b)requiring that before the end of that period the apparatus shall be removed.

(3)The statutory undertakers on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—

(a)stating that they object to all or any of the provisions of the notice; and

(b)specifying the grounds of their objection.

(4)If no counter-notice is served under subsection (3)—

(a)any right to which the notice relates shall be extinguished at the end of the relevant period; and

(b)if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

(5)If a counter-notice is served under subsection (3) on a local authority or on statutory undertakers, the authority or undertakers may either—

(a)withdraw the notice (without prejudice to the service of a further notice); or

(b)apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification.

(6)If a counter-notice is served under subsection (3) on a Minister—

(a)he may withdraw the notice (without prejudice to the service of a further notice); or

(b)he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.

(7)In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.

(8)For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.

Modifications etc. (not altering text)

C436S. 271 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 271-274 applied (with modifications) (7.3.1995) by S.I. 1995/519, art. 28(5), Sch. 5

Ss. 271-273 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 8(1)-(3)

Ss. 271-274 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 48, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (10.2.1997) by S.I. 1997/264, art. 28, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (21.5.1997) by S.I. 1997/1266, art. 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (27.8.1998) by S.I. 1998/1936, art. 41, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 paras. 1-5

Ss. 271-274 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 paras. 1-5

Ss. 271-274 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 271-274 applied (with modifications) (23.8.1999) by S.I. 1999/2981, arts. 28(2), 29, Sch. 10 Pt. I para. 2(6), Sch. 11 para. 1

Ss. 271-274 applied (24.12.1999) by S.I. 2000/428, art. 26, Sch. 4 (with art. 27, Sch. 5)

Ss. 271-274 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 35, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 271-274 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

Ss. 271-274 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 33, Sch. 9 para. 1

C437Ss. 271-274 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 35, Sch. 5 para. 1, Sch. 6 Pt. II para. 2(4) (with art. 38)

Ss. 271-274 applied (with modifications) (30.4.2002) by The Heathrow Express Railway Extension Order 2002 (S.I. 2002/1064), art. 28, Sch. 3 para. 1

Ss. 271-274 applied (with modifications) (30.4.2002) by The Piccadilly Line (Heathrow T5 Extension) Order 2002 (S.I. 2002/1065), art. 24, Sch. 6 paras. 1-6

Ss. 271-274 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), arts. 9, 10, 31, 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), arts. 9, 10, 26, 29, Sch. 5 para. 1

Ss. 271-274 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 41, Sch. 12 para. 1 (with art. 40)

Ss. 271-274 applied (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 271-274 applied (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 7, 8, 25, Sch. 6 para. 1

S. 271 applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), art. 39, Sch. 12 para. 1, Sch. 13 para. 42 (with art. 38)

Ss. 271-274 applied (with modifications) (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 10, 35, 41, Sch. 12 para. 1

Ss. 271-274 applied (with modifications) (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), art. 30, Sch. 4 para. 1 (with art. 38)

C438Ss. 271-274 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), art. 13, Sch. 2

Ss. 271-274 applied (with modifications) (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 11, 40, 64, Sch. 11 para. 1 (with arts. 65, 66, Sch. 12 para. 2)

Ss. 271-274 applied (with modifications) (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 49, Sch. 10 para. 1 (with art. 51)

Ss. 271-274 applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 26, Sch. 7 para. 1(1) (with art. 30)

Ss. 271-274 applied (with modifications) (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), art. 45, Sch. 7 para. 1(1) (with art. 47)

Ss. 271-274 applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 8, 9, 30, 48, Sch. 10 para. 1 (with art. 50)

Ss. 271-274 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 5, 7, 47, Sch. 11 para. 1 (with arts. 45(1), 48, Sch. 10 para. 21, 29)

Ss. 271-274 applied (with modifications) (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 39, 40, 44, Sch. 9 para. 1, Sch. 10 para. 3(2), Sch. 14 para. 3(5) (with arts. 3(5), 15(3))

Ss. 271-274 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 8, 10, 32, 50, 51, Sch. 10 para. 1, Sch. 11 para. 20 (with art. 52)

Ss. 271-274 applied (with modifications) (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 7, 8, 44, Sch. 8 para. 1 (with art. 40, Sch. 7 para. 12)

Ss. 271-274 applied (with modifications) (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 10, 31, 36, 40, Sch. 11 para. 1, Sch. 15 para. 2 (with art. 43)

Ss. 271-274 applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), art. 46, Sch. 9 para. 1(1) (with arts. 34, 35(2))

Ss. 271-274 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 46, Sch. 10 para. 1(1)

C439S. 271 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 36, Sch. 6 Pt. II para. 2(4) (with art. 38)

C440Ss. 271-273 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(1)-(3)

C441Ss. 271-274 applied (with modifications) (21.5.2008) by The Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), art. 10, Sch. 2

C444Ss. 271-274 applied (with modifications) (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 11, 41, 67, Sch. 11 para. 1 (with Sch. 12 para. 2)

C445Ss. 271-274 applied (with modifications) (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 8, 29, 31, Sch. 8 para. 1

C446Ss. 271-274 applied (with modifications) (28.10.2009) by The Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), art. 18, Sch. 6

C447Ss. 271-274 applied (with modifications) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 30, Sch. 8 para. 1

C449Ss. 271-274 applied (with modifications) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), art. 1, Sch. 11 para. 1

C450Ss. 271-274 applied (with modifications) (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), art. 1, Sch. 6 para. 1 (with arts. 46-48, Sch. 8 para. 18)

C453Ss. 271-274 applied (with modifications) (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), art. 1, Sch. para. 1

C456Ss. 271-274 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), art. 1, Sch. 8 para. 1 (with Sch. 8 para. 1)

C462Ss. 271-274 applied (with modifications) (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), art. 1, Sch. 7 (with Sch. 8 paras. 42(2), 45)

C467S. 271 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 1 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(a); S.I. 2015/481, reg. 2(a))

C468S. 271 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 1 para. 3 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(2); S.I. 2015/481, reg. 2(a))

C471Ss. 271-274 applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 7 paras. 2-5

C475S. 271(5) applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 3 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(b); S.I. 2015/481, reg. 2(a))

Marginal Citations

272 Extinguishment of rights of telecommunications code system operators: preliminary notices.E+W

(1)This section applies where any land has been acquired by a Minister, a local authority or statutory undertakers under Part IX of this Act or under Chapter V of Part I of the M147Planning (Listed Buildings and Conservation Areas) Act 1990 or compulsorily under any other enactment or has been appropriated by a local authority for planning purposes, and—

(a)there subsists over that land a right conferred by or in accordance with the [F896electronic communications code] on the operator of [F897an electronic communications code network] , being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or

(b)there is on, under or over the land [F898electronic communications apparatus] kept installed for the purposes of any such [F899network] .

(2)If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the operator of [F900the electronic communications code network] a notice—

(a)stating that at the end of the relevant period the right will be extinguished; or

(b)requiring that before the end of that period the apparatus shall be removed.

(3)The operator of [F900the electronic communications code network] on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—

(a)stating that he objects to all or any of the provisions of the notice; and

(b)specifying the grounds of his objection.

(4)If no counter-notice is served under subsection (3)—

(a)any right to which the notice relates shall be extinguished at the end of the relevant period; and

(b)if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

(5)If a counter-notice is served under subsection (3) on a local authority or on statutory undertakers, the authority or undertakers may either—

(a)withdraw the notice (without prejudice to the service of a further notice); or

(b)apply to the Secretary of State and the Secretary of State for Trade and Industry for an order under this section embodying the provisions of the notice, with or without modification.

(6)If a counter-notice is served under subsection (3) on a Minister—

(a)he may withdraw the notice (without prejudice to the service of a further notice); or

(b)he and the Secretary of State for Trade and Industry may make an order under this section embodying the provisions of the notice, with or without modification.

(7)In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.

(8)For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.

Textual Amendments

F896Words in s. 272 substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(e)(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F897Words in s. 272 substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(e)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F898Words in s. 272 substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(e)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F899Word in s. 272 substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(e)(2)(e) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F900Words in s. 272 substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(e)(2)(d) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Modifications etc. (not altering text)

C449Ss. 271-274 applied (with modifications) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), art. 1, Sch. 11 para. 1

C450Ss. 271-274 applied (with modifications) (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), art. 1, Sch. 6 para. 1 (with arts. 46-48, Sch. 8 para. 18)

C453Ss. 271-274 applied (with modifications) (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), art. 1, Sch. para. 1

C456Ss. 271-274 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), art. 1, Sch. 8 para. 1 (with Sch. 8 para. 1)

C462Ss. 271-274 applied (with modifications) (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), art. 1, Sch. 7 (with Sch. 8 paras. 42(2), 45)

C471Ss. 271-274 applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 7 paras. 2-5

C479Ss. 271-274 applied (with modifications) (7.3.1995) by S.I. 1995/519, art. 28(5), Sch. 5

Ss. 271-273 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 8(1)-(3)

Ss. 271-274 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 48, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (10.2.1997) by S.I. 1997/264, art. 28, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (21.5.1997) by S.I. 1997/1266, art. 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (27.8.1998) by S.I. 1998/1936, art. 41, Sch. 10 para. 1

S. 272 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 271-274 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 paras. 1-5

Ss. 271-274 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 paras. 1-5

Ss. 271-274 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 271-274 applied (with modifications) (23.8.1999) by S.I. 1999/2981, arts. 28(2), 29, Sch. 10 Pt. I para. 2(6), Sch. 11 para. 1

Ss. 271-274 applied (24.12.1999) by S.I. 2000/428, art. 26, Sch. 4 (with art. 27, Sch. 5)

Ss. 271-274 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 35, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 271-274 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

Ss. 271-274 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 33, Sch. 9 para. 1

C480Ss. 271-274 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 35, Sch. 5 para. 1, Sch. 6 Pt. II para. 2(4) (with art. 38)

Ss. 271-274 applied (with modifications) (30.4.2002) by The Heathrow Express Railway Extension Order 2002 (S.I. 2002/1064), art. 28, Sch. 3 para. 1

Ss. 271-274 applied (with modifications) (30.4.2002) by The Piccadilly Line (Heathrow T5 Extension) Order 2002 (S.I. 2002/1065), art. 24, Sch. 6 para. 1-6

Ss. 271-274 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), arts. 9, 10, 31, 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), arts. 9, 10, 26, 29, Sch. 5 para. 1

Ss. 271-274 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 41, Sch. 12 para. 1 (with art. 40)

Ss. 271-274 applied (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 271-274 applied (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 7, 8, 25, Sch. 6 para. 1

S. 272 applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), art. 39, Sch. 12 para. 1, Sch. 13 para. 42 (with art. 38)

Ss. 271-274 applied (with modifications) (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 10, 35, 41, Sch. 12 para. 1, Sch. 16 para. 2

Ss. 271-274 applied (with modifications) (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), art. 30, Sch. 4 para. 1 (with art. 38)

Ss. 271-274 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), art. 13, Sch. 2

Ss. 271-274 applied (with modifications) (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 11, 40, 64, Sch. 11 para. 1 (with arts. 65, 66)

Ss. 271-274 applied (with modifications) (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 49, Sch. 10 para. 1 (with art. 51)

Ss. 271-274 applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 26, Sch. 7 para. 1(1) (with art. 30)

Ss. 271-274 applied (with modifications) (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), art. 45, Sch. 7 para. 1 (with art. 47)

Ss. 271-274 applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 8, 9, 30, 48, Sch. 10 para. 1 (with art. 50)

Ss. 271-274 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 5, 7, 47, Sch. 11 para. 1 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

Ss. 271-274 applied (with modifications) (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 39, 40, 44, Sch. 9 para. 1, Sch. 10 para. 3(2), Sch. 14 para. 3(5) (with arts. 3(5), 15(3))

Ss. 271-274 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 8, 10, 32, 50, 51, Sch. 10 para. 1, Sch. 11 para. 20(4) (with art. 52)

Ss. 271-274 applied (with modifications) (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 7, 8, 44, Sch. 8 para. 1 (with art. 40, Sch. 7 para. 12)

Ss. 271-274 applied (with modifications) (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 10, 31, 36, 40, Sch. 11 para. 1, Sch. 15 para. 2, (with art. 43)

Ss. 271-274 applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), art. 46, Sch. 9 para. 1(1) (with arts. 34, 35(2))

Ss. 271-274 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 46, Sch. 10 para. 1(1)

C481Ss. 271-273 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(1)-(3)

C482Ss. 271-274 applied (with modifications) (21.5.2008) by The Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), art. 10, Sch. 2

C485Ss. 271-274 applied (with modifications) (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 11, 41, 67, Sch. 11 para. 1 (with Sch. 12 para. 2)

C486Ss. 271-274 applied (with modifications) (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 8, 29, 31, Sch. 8 para. 1

C487Ss. 271-274 applied (with modifications) (28.10.2009) by The Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), art. 18, Sch. 6

C488Ss. 271-274 applied (with modifications) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 30, Sch. 8 para. 1

C490S. 272 restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 para. 4(3) (with arts. 12, 13, Sch. 12)

C492S. 272 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 1 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(a); S.I. 2015/481, reg. 2(a))

C493S. 272 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 1 para. 3 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(2); S.I. 2015/481, reg. 2(a))

C494S. 272 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 3 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(b); S.I. 2015/481, reg. 2(a))

Marginal Citations

273 Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority.E+W

(1)Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 271(1), and—

(a)there is on, under or over the land any apparatus vested in or belonging to statutory undertakers; and

(b)the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the acquiring or appropriating authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(2)No notice under this section shall be served later than 21 days after the beginning of the development of land which has been acquired or appropriated as mentioned in section 271(1).

(3)Where a notice is served under this section, the authority on whom it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice—

(b)specifying the grounds of their objection.

(4)If no counter-notice is served under subsection (3), the statutory undertakers shall, after the end of that period, have the rights claimed in their notice.

(5)If a counter-notice is served under subsection (3), the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

(6)Where, by virtue of this section or of an order of Ministers under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

(7)In subsection (1)(a), the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to [F901electronic communications apparatus] kept installed for the purposes of [F902an electronic communications code network] .

(8)For the purposes of subsection (7), in this section—

(a)references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such [F903network] ; and

(b)references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

Textual Amendments

F901Words in s. 273(7) substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(f)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F902Words in s. 273(7) substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(f)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F903Word in s. 273(8) substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(f)(2)(e) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Modifications etc. (not altering text)

C449Ss. 271-274 applied (with modifications) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), art. 1, Sch. 11 para. 1

C450Ss. 271-274 applied (with modifications) (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), art. 1, Sch. 6 para. 1 (with arts. 46-48, Sch. 8 para. 18)

C453Ss. 271-274 applied (with modifications) (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), art. 1, Sch. para. 1

C456Ss. 271-274 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), art. 1, Sch. 8 para. 1 (with Sch. 8 para. 1)

C462Ss. 271-274 applied (with modifications) (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), art. 1, Sch. 7 (with Sch. 8 paras. 42(2), 45)

C471Ss. 271-274 applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 7 paras. 2-5

C502Ss. 271-274 applied (with modifications) (7.3.1995) by S.I. 1995/519, art. 28(5), Sch. 5

Ss. 271-273 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 8(1)-(3)

Ss. 271-274 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 48, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (10.2.1997) by S.I. 1997/264, art. 28, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (21.5.1997) by S.I. 1997/1266, art. 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (27.8.1998) by S.I. 1998/1936, art. 41, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 paras. 1-5

Ss. 271-274 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 paras. 1-5

Ss. 271-274 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 271-274 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

Ss. 271-274 applied (24.12.1999) by S.I. 2000/428, art. 26, Sch. 4 (with art. 27, Sch. 5)

Ss. 271-274 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 35, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 271-274 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

Ss. 271-274 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 33, Sch. 9 para. 1

C503Ss. 271-274 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 35, Sch. 5 para. 1 (with art. 38)

Ss. 271-274 applied (with modifications) (30.4.2002) by The Heathrow Express Railway Extension Order 2002 (S.I. 2002/1064), art. 28, Sch. 3 para. 1

Ss. 271-274 applied (with modifications) (30.4.2002) by The Piccadilly Line (Heathrow T5 Extension) Order 2002 (S.I. 2002/1065), art. 24, Sch. 6 para. 1-6

Ss. 271-274 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), arts. 9, 10, 31, 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), arts. 9, 10, 26, 29, Sch. 5 para. 1

Ss. 271-274 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 41, Sch. 12 para. 1 (with art. 40)

Ss. 271-274 applied (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 271-274 applied (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 7, 8, 25, Sch. 6 para. 1

S. 273 applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), art. 39, Sch. 12 para. 1, Sch. 13 para. 42 (with art. 38)

Ss. 271-274 applied (with modifications) (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 10, 35, 41, Sch. 12 para. 1, Sch. 16 para. 2

Ss. 271-274 applied (with modifications) (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), art. 30, Sch. 4 para. 1 (with art. 38)

C504Ss. 271-274 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), art. 13, Sch. 2

Ss. 271-274 applied (with modifications) (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 11, 40, 64, Sch. 11 para. 1 (with arts. 65, 66, Sch. 12 para. 2)

Ss. 271-274 applied (with modifications) (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 49, Sch. 10 para. 1 (with art. 51)

Ss. 271-274 applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 26, Sch. 7 para. 1(1) (with art. 30)

Ss. 271-274 applied (with modifications) (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), art. 45, Sch. 7 para. 1(1) (with art. 47)

Ss. 271-274 applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 8, 9, 30, 48, Sch. 10 para. 1 (with art. 50)

S. 273 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 5, 7, 47, Sch. 11 para. 1 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

Ss. 271-274 applied (with modifications) (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 39, 40, 44, Sch. 9 para. 1, Sch. 10 para. 3(2), Sch. 14 para. 3(5) (with arts. 3(5), 15(3))

Ss. 271-274 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 8, 10, 32, 50, 51, Sch. 10 para. 1, Sch. 11 para. 20 (with art. 52)

Ss. 271-274 applied (with modifications) (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 7, 8, 44, Sch. 8 para. 1 (with art. 40, Sch. 7 para. 12)

Ss. 271-274 applied (with modifications) (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 10, 31, 36, 40, Sch. 11 para. 1, Sch. 15 para. 2 (with art. 43)

Ss. 271-274 applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), art. 46, Sch. 9 para. 1(1) (with arts. 34, 35(2))

Ss. 271-274 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 46, Sch. 10 para. 1

C505Ss. 271-273 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(1)-(3)

C506Ss. 271-274 applied (with modifications) (21.5.2008) by The Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), art. 10, Sch. 2

C509Ss. 271-274 applied (with modifications) (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 11, 41, 67, Sch. 11 para. 1 (with Sch. 12 para. 2)

C510Ss. 271-274 applied (with modifications) (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 8, 29, 31, Sch. 8 para. 1

C511Ss. 271-274 applied (with modifications) (28.10.2009) by The Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), art. 18, Sch. 6

C512Ss. 271-274 applied (with modifications) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 30, Sch. 8 para. 1

C513S. 273 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 5 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(d); S.I. 2015/481, reg. 2(a))

C516S. 273(1) applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 4 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(c); S.I. 2015/481, reg. 2(a))

274 Orders under ss. 271 and 272.E+W

(1)Where a Minister and the appropriate Minister propose to make an order under section 271(6) or 272(6), they shall prepare a draft of the order.

(2)Before making an order under subsection (5) or (6) of section 271, or under subsection (5) or (6) of section 272, the Ministers proposing to make the order shall give the statutory undertakers or, as the case may be, the operator of the [F904the electronic communications code network] on whom notice was served under subsection (2) of section 271 or, as the case may be, under subsection (2) of section 272 an opportunity of objecting to the application for, or proposal to make, the order.

(3)If any such objection is made, before making the order the Ministers shall consider the objection and give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (5) of either of those sections, the local authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister.

(4)After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification.

(5)Where an order is made under section 271 or 272—

(a)any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

(6)In this section references to the appropriate Minister shall in the case of an order under section 272 be taken as references to the Secretary of State for Trade and Industry.

Textual Amendments

F904Words in s. 274(2) substituted (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(g)(2)(d) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Modifications etc. (not altering text)

C449Ss. 271-274 applied (with modifications) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), art. 1, Sch. 11 para. 1

C450Ss. 271-274 applied (with modifications) (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), art. 1, Sch. 6 para. 1 (with arts. 46-48, Sch. 8 para. 18)

C453Ss. 271-274 applied (with modifications) (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), art. 1, Sch. para. 1

C456Ss. 271-274 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), art. 1, Sch. 8 para. 1 (with Sch. 8 para. 1)

C462Ss. 271-274 applied (with modifications) (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), art. 1, Sch. 7 (with Sch. 8 paras. 42(2), 45)

C471Ss. 271-274 applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 7 paras. 2-5

C520Ss. 271-274 applied (19.3.2007) by The Ouseburn Barrage Order (S.I. 2007/608), art. 45, Sch. 5 para. 1

C521Ss. 271-274 applied (with modifications) (7.3.1995) by S.I. 1995/519, art. 28(5), Sch. 5

Ss. 271-274 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 48, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (10.2.1997) by S.I. 1997/264, art. 28, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (21.5.1997) by S.I. 1997/1266, art. 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (27.8.1998) by S.I. 1998/1936, art. 41, Sch. 10 para. 1

S. 274 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 271-274 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 paras. 1-5

Ss. 271-274 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 paras. 1-5

Ss. 271-274 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 271-274 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

S. 271-274 applied (24.12.1999) by S.I. 2000/428, art. 26, Sch. 4 (with art. 27, Sch. 5)

Ss. 271-274 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 35, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 271-274 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

Ss. 271-274 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 33, Sch. 9 para. 1

C522Ss. 271-274 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 35, Sch. 5 para. 1 (with art. 38)

Ss. 271-274 applied (with modifications) (30.4.2002) by The Heathrow Express Railway Extension Order 2002 (S.I. 2002/1064), art. 28, Sch. 3 para. 1

Ss. 271-274 applied (with modifications) (30.4.2002) by The Piccadilly Line (Heathrow T5 Extension) Order 2002 (S.I. 2002/1065), art. 24, Sch. 6 para. 1-6

Ss. 271-274 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), arts. 9, 10, 31, 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), arts. 9, 10, 26, 29, Sch. 5 para. 1

Ss. 271-274 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 41, Sch. 12 para. 1 (with art. 40)

Ss. 271-274 applied (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 271-274 applied (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 7, 8, 25, Sch. 6 para. 1

S. 274 applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), art. 39, Sch. 12 para. 1, Sch. 13 para. 42 (with art. 38)

Ss. 271-274 applied (with modifications) (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 10, 35, 41, Sch. 12 para. 1, Sch. 16 para. 2

Ss. 271-274 applied (with modifications) (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), art. 30, Sch. 4 para. 1 (with art. 38)

C523Ss. 271-274 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), art. 13, Sch. 2

Ss. 271-274 applied (with modifications) (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 11, 40, 64, Sch. 11 para. 1 (with arts. 65, 66, Sch. 12 para. 2)

Ss. 271-274 applied (with modifications) (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 49, Sch. 10 para. 1 (with art. 51)

Ss. 271-274 applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 26, Sch. 7 para. 1(1) (with art. 30)

Ss. 271-274 applied (with modifications) (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), art. 45, Sch. 7 para. 1(1) (with art. 47)

Ss. 271-274 applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 8, 9, 30, 48, Sch. 10 para. 1 (with art. 50)

Ss. 271-274 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 5, 7, 47, Sch. 11 para. 1 (with arts. 45(1), 48, Sch. 10 para. 21, 29)

Ss. 271-274 applied (with modifications) (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 39, 40, 44, Sch. 9 para. 1, Sch. 10 para. 3(2), Sch. 14 para. 3(5) (with arts. 3(5), 15(3))

Ss. 271-274 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 8, 10, 32, 50, 51, Sch. 10 para. 1, Sch. 11 para. 20(4) (with art. 52)

Ss. 271-274 applied (with modifications) (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 7, 8, 44, Sch. 8 para. 1 (with art. 40, Sch. 7 para. 12)

Ss. 271-274 applied (with modifications) (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 10, 31, 36, 40, Sch. 11 para. 1, Sch. 15 para. 2 (with art. 43)

Ss. 271-274 applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), art. 46, Sch. 9 para. 1(1) (with arts. 34, 35(2))

Ss. 271-274 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 46, Sch. 10 para. 1

C524Ss. 271-274 applied (with modifications) (21.5.2008) by The Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), art. 10, Sch. 2

C527Ss. 271-274 applied (with modifications) (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 11, 41, 67, Sch. 11 para. 1 (with Sch. 12 para. 2)

C528Ss. 271-274 applied (with modifications) (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 8, 29, 31, Sch. 8 para. 1

C529Ss. 271-274 applied (with modifications) (28.10.2009) byThe Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), art. 18, Sch. 6

C530Ss. 271-274 applied (with modifications) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 30, Sch. 8 para. 1

C531S. 274 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 1 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(a); S.I. 2015/481, reg. 2(a))

C534S. 274(2)(3) applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 1 para. 3 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(2); S.I. 2015/481, reg. 2(a))

C535S. 274(2)(3) applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 3 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(b); S.I. 2015/481, reg. 2(a))

C536S. 274(3) modified (18.12.1996) by 1996 c. 61, s. 8(5)(a)

C537S. 274(3) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(a)

C538S. 274(5) modified (18.12.1996) by 1996 c. 61, s. 8(5)(b)

C539S. 274(5) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)

Extension or modification of statutory undertakers’ functionsE+W

275 Extension or modification of functions of statutory undertakers.E+W

(1)The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—

(a)to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a local authority or Minister may be authorised under Part IX of this Act or under Chapter V of Part I of the M148Planning (Listed Buildings and Conservation Areas) Act 1990 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment; or

(b)to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2).

(2)The said acts and events are—

(a)the acquisition under Part IX of this Act or that Chapter or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

(b)the extinguishment of a right or the imposition of any requirement by virtue of section 271 or 272;

(c)a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a);

(d)the revocation or modification of planning permission granted on any such application;

(e)the making of an order under section 102 or paragraph 1 of Schedule 9 in relation to any such land.

(3)The powers conferred by this section shall also be exercisable where, on a representation made by a local authority or Minister, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the local authority or Minister making the representation may be authorised under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 to acquire land or in connection with which the local authority or Minister may compulsorily acquire land under any other enactment.

(4)Where the powers conferred by this section are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order—

(a)to secure the services in question, as mentioned in subsection (1)(a) or (3), or

(b)to secure the adjustment in question, as mentioned in subsection (1)(b),

as the case may be.

(5)Without prejudice to the generality of subsection (4), an order under this section may make provision—

(a)for empowering the statutory undertakers—

(i)to acquire (whether compulsorily or by agreement) any land specified in the order, and

(ii)to erect or construct any buildings or works so specified;

(b)for applying in relation to the acquisition of any such land or the construction of any such works enactments relating to the acquisition of land and the construction of works;

(c)where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3), for giving effect to such financial arrangements between the local authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

(d)for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

Modifications etc. (not altering text)

C541S. 275 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

Ss. 275-278 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 275-278 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3).

Marginal Citations

276 Procedure in relation to orders under s. 275.E+W

(1)As soon as possible after making such a representation as is mentioned in subsection (1) or subsection (3) of section 275 the statutory undertakers, the local authority or Minister making the representation shall—

(a)publish notice of the representation; and

(b)if the Secretary of State and the appropriate Minister so direct, serve a similar notice on such persons, or persons of such classes, as they may direct.

(2)A notice under subsection (1)—

(a)shall be published in such form and manner as the Secretary of State and the appropriate Minister may direct;

(b)shall give such particulars as they may direct of the matters to which the representation relates; and

(c)shall specify the time within which, and the manner in which, objections to the making of an order on the representation may be made.

(3)Orders under section 275 shall be subject to special parliamentary procedure.

Modifications etc. (not altering text)

C543S. 276 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

Ss. 275-278 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 275-278 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

277 Relief of statutory undertakers from obligations rendered impracticable.E+W

(1)Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

(2)Subsection (1) applies to the following acts and events—

(a)the compulsory acquisition under Part IX of this Act or under Chapter V of Part I of the M149Planning (Listed Buildings and Conservation Areas) Act 1990 or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and

(b)the acts and events specified in section 275(2)(b) to (e).

(3)The appropriate Minister may direct statutory undertakers who have made a representation to him under subsection (1) to publicise it in either or both of the following ways—

(a)by publishing in such form and manner as he may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made;

(b)by serving such a notice on such persons, or persons of such classes, as he may direct.

(4)The statutory undertakers shall comply with any direction given to them under subsection (3) as soon as possible after the making of the representation under subsection (1).

(5)If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

(6)Immediately after an order is made under this section by the appropriate Minister, he shall—

(a)publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours; and

(b)serve a similar notice—

(i)on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this subsection, specifying an address for service; and

(ii)on such other persons (if any) as the appropriate Minister thinks fit.

(7)Subject to subsection (8), and to the provisions of Part XII, an order under this section shall become operative on the date on which the notice required by subsection (6) is first published.

(8)Where in accordance with subsection (5) the order is subject to special parliamentary procedure, subsection (7) shall not apply.

Modifications etc. (not altering text)

C544Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1

Ss. 275-278, 279(2)-(4), 280, 282, modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1

Ss. 275-278, 279(2)-(4), 280, 282, modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

Ss. 275-278 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 275-278 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

Marginal Citations

278 Objections to orders under ss. 275 and 277.E+W

(1)For the purposes of sections 275 to 277, an objection to the making of an order shall not be treated as duly made unless—

(a)the objection is made within the time and in the manner specified in the notice required by section 276 or, as the case may be, section 277; and

(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2)Where an objection to the making of such an order is duly made in accordance with subsection (1) and is not withdrawn, the following provisions of this section shall have effect in relation to it.

(3)Unless the appropriate Minister decides without regard to the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, before he makes a final decision he—

(a)shall consider the grounds of the objection as set out in the statement; and

(b)may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(4)In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

(5)If—

(a)after considering the grounds of the objection as so set out, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates; or

(b)in a case where a further statement has been required, it is not submitted within the specified period,

the appropriate Minister may make a final decision without further investigation as to those matters.

(6)Subject to subsections (4) and (5), before making a final decision the appropriate Minister shall give the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister.

(7)If the objector takes that opportunity, the appropriate Minister shall give an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to him to be expedient to give such an opportunity.

(8)Notwithstanding anything in the previous provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held.

(9)Where the appropriate Minister determines to cause such an inquiry to be held, any of the requirements of subsections (3) to (7) to which effect has not been given at the time of that determination shall be dispensed with.

(10)In this section any reference to making a final decision in relation to an order is a reference to deciding whether to make the order or what modification (if any) ought to be made.

(11)In the application of this section to an order under section 275, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

Modifications etc. (not altering text)

C545Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

Ss. 275-278 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 275-278 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

CompensationE+W

279 Right to compensation in respect of certain decisions and orders.E+W

(1)Statutory undertakers shall, subject to the following provisions of this Part, be entitled to compensation from the local planning authority—

(a)in respect of any decision made in accordance with section 266 by which planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where—

(i)planning permission for that development would have been granted by a development order [F905or a local development order] but for a direction given under such an order that planning permission so granted should not apply to the development; and

(ii)it is not development which has received specific parliamentary approval (within the meaning of section 264(6));

(b)in respect of any order under section 97, as modified by section 269, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified.

(2)Where by virtue of section 271—

(a)any right vested in or belonging to statutory undertakers is extinguished; or

(b)any requirement is imposed on statutory undertakers,

those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

(3)Where by virtue of section 272—

(a)any right vested in or belonging to an operator of [F906an electronic communications code network] is extinguished; or

(b)any requirement is imposed on such an operator,

the operator shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

(4)Where—

(a)works are carried out for the removal or re-siting of statutory undertakers’ apparatus; and

(b)the undertakers have the right to carry out those works by virtue of section 273 or an order of Ministers under that section,

the undertakers shall be entitled to compensation from the acquiring or appropriating authority.

(5)Subsection (1) shall not apply in respect of a decision or order if—

(a)it relates to land acquired by the statutory undertakers after 7th January 1947; and

(b)the Secretary of State and the appropriate Minister include in the decision or order a direction that subsection (1) shall not apply to it.

(6)The Secretary of State and the appropriate Minister may only give a direction under subsection (5) if they are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of the decision or order in question.

(7)For the purposes of this section the conditions referred to in sections 91 and 92 shall be disregarded.

Textual Amendments

F905Words in s. 279(1)(a)(i) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(2)(l) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

F906Words in s. 279(3) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(h)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Modifications etc. (not altering text)

C546S. 279(2)-(4) modified (18.12.1996) by 1996 c. 61, s. 8(5)(b)

Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

C547Ss. 279(2)-(4), 280, 282 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 279(2)-(4), 280, 282 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

C548S. 279(2)-(4) applied (with modifications) (14.3.2002) by S.I. 2002/412, art. 35, Sch. 5 para. 1 (with art. 38)

C549S. 279(2)-(4) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)

C550S. 279(2)-(4) applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 1 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(a); S.I. 2015/481, reg. 2(a))

C552S. 279(2)-(4) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)

C553S. 279(2)-(4) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)

280 Measure of compensation to statutory undertakers, etc.E+W

(1)Where statutory undertakers are entitled to compensation—

(a)as mentioned in subsection (1), (2) or (4) of section 279;

(b)under the provisions of section 115 in respect of an order made under section 102 or paragraph 1, 3, 5 or 6 of Schedule 9, as modified by section 270; or

(c)in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate,

or the operator of [F907an electronic communications code network] is entitled to compensation as mentioned in section 279(3), the amount of the compensation shall (subject to section 281) be an amount calculated in accordance with this section.

(2)Subject to subsections (4) to (6), that amount shall be the aggregate of—

(a)the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking or, as the case may be, [F908the provision of the electronic communications code network] rendered necessary by the proceeding giving rise to compensation (a “business adjustment”);

(b)the appropriate amount for loss of profits; and

(c)where the compensation is under section 279(2) or (3), and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers or, as the case may be, the operator in complying with the requirement, reduced by the value after removal of the apparatus removed.

(3)In subsection (2) “the appropriate amount for loss of profits” means—

(a)where a business adjustment is made, the aggregate of—

(i)the estimated amount of any decrease in net receipts from the carrying on of the undertaking or, as the case may be, [F908the provision of the electronic communications code network] pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation; and

(ii)such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, [F908the provision of the electronic communications code network] in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;

(b)where no business adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, [F908the provision of the electronic communications code network] which is directly attributable to the proceeding giving rise to compensation.

(4)Where a business adjustment is made, the aggregate amount mentioned in subsection (2) shall be reduced by such amount (if any) as appears to the [F909Upper Tribunal] to be appropriate to offset—

(a)the estimated value of any property (whether moveable or immoveable) belonging to the statutory undertakers or the operator and used for the carrying on of their undertaking or, as the case may be, [F908the provision of the electronic communications code network] which in consequence of the adjustment ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection; and

(b)the estimated amount of any increase in net receipts from the carrying on of the undertaking or [F908the provision of the electronic communications code network] in the period after the adjustment has been completed, in so far as that amount has not been taken into account in determining the amount mentioned in paragraph (b) of that subsection and is directly attributable to the adjustment.

(5)Where a business adjustment is made the aggregate amount mentioned in subsection (2) shall be further reduced by any amount which appears to the [F909Upper Tribunal] to be appropriate, having regard to any increase in the capital value of immoveable property belonging to the statutory undertakers or the operator which is directly attributable to the adjustment, allowance being made for any reduction made under subsection (4)(b).

(6)Where—

(a)the compensation is under section 279(4); and

(b)the acquiring or appropriating authority carry out the works,

then, in addition to any reduction falling to be made under subsection (4) or (5), the aggregate amount mentioned in subsection (2) shall be reduced by the actual cost to the authority of carrying out the works.

(7)References in this section to a decrease in net receipts shall be construed as references—

(a)to the amount by which a balance of receipts over expenditure is decreased;

(b)to the amount by which a balance of expenditure over receipts is increased; or

(c)where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, to the aggregate of the two balances;

and references to an increase in net receipts shall be construed accordingly.

(8)In this section—

(a)except in relation to compensation under section 279(4), the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken;

(b)in relation to compensation under section 279(4), the circumstances making it necessary for the apparatus in question to be removed or re-sited;

“the appropriate Minister’s certificate” means such a certificate as is mentioned in section 16 of or paragraph 3 of Schedule 3 to the M150Acquisition of Land Act 1981.

Textual Amendments

F907Words in s. 280 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 104(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

F908Words in s. 280 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 104(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Modifications etc. (not altering text)

C554S. 280 applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 12(6); S.I. 1993/2762, art. 3

S. 280 applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 14(8); S.I. 1993/2762, art. 3

S. 280 applied (1.10.1998) by 1975 c. 70, Sch. 4 Pt. III para. 11(7), 13(9) (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4)

S. 280 applied (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 paras. 9(6), 11(8); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, 2(2)(c)

Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

Ss. 279(2)-(4), 280, 282 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 279(2)-(4), 280, 282 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

C555S. 280 applied (with modifications) (14.3.2002) by S.I. 2002/412, art. 35, Sch. 5 para. 1 (with art. 38)

C556S. 280 applied (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 12, 325, Sch. 4 para. 7(2); S.I. 2008/3068, art. 2(g) (with savings and transitional provisions in arts. 6-13)

C558S. 280 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 1 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(a); S.I. 2015/481, reg. 2(a))

C560S. 280 applied (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 12, 325, Sch. 4 para. 14(2); S.I. 2008/3068, art. 2(g) (with savings and transitional provisions in arts. 6-13)

C561S. 280(6) modified (18.12.1996) by 1996 c. 61, s. 8(5)

C562S. 280(6) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)

Marginal Citations

281 Exclusion of s. 280 at option of statutory undertakers.E+W

(1)Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 280(1)(c), the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 5 of the M151Land Compensation Act 1961) which would be applicable apart from section 280.

(2)If the statutory undertakers so elect the compensation shall be ascertained accordingly.

(3)An election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land.

(4)Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

Marginal Citations

282 Procedure for assessing compensation.E+W

(1)Where the amount of any such compensation as is mentioned in subsection (1) of section 280 falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the [F910Upper Tribunal], if apart from this section it would not fall to be so assessed.

(2)For the purposes of any proceedings arising before the [F910Upper Tribunal] in respect of compensation falling to be ascertained as mentioned in subsection (1), the provisions of [F911section] 4 of the M152Land Compensation Act 1961 shall apply as they apply to proceedings on a question referred to the Tribunal under section 1 of that Act, but with the substitution in [F912section 4], for references to the acquiring authority, of references to the person from whom the compensation is claimed.

Textual Amendments

Modifications etc. (not altering text)

C563S. 282 applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 12(6); S.I. 1993/2762, art. 3

S. 282 applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 14(8); S.I. 1993/2762, art. 3

S. 282 applied (1.10.1998) by 1975 c. 70, Sch. 4 Pt. III para. 11(7), 13(9) (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4)

S. 282 applied (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 paras. 9(9), 11(8); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

Ss. 279(2)-(4), 280, 282 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 279(2)-(4), 280, 282 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

C564S. 282 applied (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 12, 325, Sch. 4 para. 7(2); S.I. 2008/3068, art. 2(g) (with savings and transitional provisions in arts. 6-13)

C565S. 282 applied (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 12, 325, Sch. 4 para. 14(2); S.I. 2008/3068, art. 2(g) (with savings and transitional provisions in arts. 6-13)

C566S. 282 applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 1 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(a); S.I. 2015/481, reg. 2(a))

Marginal Citations

AdvertisementsE+W

283 Display of advertisements on operational land.E+W

Sections 266 to 270 and 279(1), (5) and (6) do not apply in relation to the display of advertisements on operational land of statutory undertakers.

Part XIIE+W Validity

Modifications etc. (not altering text)

284 Validity of development plans and certain orders, decisions and directions.E+W

(1)Except in so far as may be provided by this Part, the validity of—

(a)F913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a simplified planning zone scheme or an alteration of such a scheme, whether before or after the adoption or approval of the scheme or alteration; or

(c)an order under any provision of Part X except section 251(1), whether before or after the order has been made; or

(d)an order under section 277, whether before or after the order has been made; or

(e)any such order as is mentioned in subsection (2), whether before or after it has been confirmed; or

(f)any such action on the part of the Secretary of State [F914or the Welsh Ministers] as is mentioned in subsection (3), [F915or—

(g)a relevant costs order made in connection with an order mentioned in subsection (2) or an action mentioned in subsection (3),]

shall not be questioned in any legal proceedings whatsoever.

(2)The orders referred to in subsection (1)(e) are—

(a)any order under section 97 or under the provisions of that section as applied by or under any other provision of this Act;

(b)any order under section 102;

(c)any tree preservation order;

(d)any order made in pursuance of section 221(5);

(e)any order under paragraph 1, 3, 5 or 6 of Schedule 9.

(3)The action referred to in subsection (1)(f) is action on the part of the Secretary of State [F916or the Welsh Ministers] of any of the following descriptions—

[F917(ya)any decision on an application made to the Secretary of State under section 62A;]

[F918(za)any decision on an application referred to the Secretary of State under section 76A;]

(a)any decision on an application [F919for planning permission] referred to [F920him] [F920the Secretary of State or the Welsh Ministers] under section 77;

[F921(aa)any decision on an application made to the Welsh Ministers under section 62D;

(ab)any decision on a secondary consent dealt with by the Welsh Ministers under section 62F, unless, by virtue of an enactment not contained in this Act—

(i)an appeal against that decision may be made to a person other than the Welsh Ministers, or

(ii)the validity of the decision may otherwise be questioned by way of application to a person other than the Welsh Ministers;

(ac)any decision on an application made to the Welsh Ministers under section 62M or section 62O (not including a decision to refer an application under section 62O(5));]

(b)any decision on an appeal under section 78;

F922(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any decision to confirm a completion notice under section 95;

(e)any decision to grant planning permission under paragraph (a) of section 177(1) or to discharge a condition or limitation under paragraph (b) of that section;

(f)any decision to confirm or not to confirm a purchase notice including—

(i)any decision not to confirm such a notice in respect of part of the land to which it relates, or

(ii)any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part;

(g)any decision F923. . . on an appeal under section 195(1);

(h)any decision relating—

(i)to an application for consent under [F924a tree preservation order] [F924tree preservation regulations],

(ii)to an application for consent under any regulations made in accordance with section 220 or 221, or

(iii)to any certificate or direction under any such order or regulations,

whether it is a decision on appeal or a decision on an application referred to the Secretary of State [F925or the Welsh Ministers] for determination in the first instance.

[F926(i)any decision on an application for planning permission under section 293A.]

[F927(3A)In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.]

(4)Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State [F928or the Welsh Ministers] to take any such action as is mentioned in subsection (3).

Textual Amendments

F913S. 284(1)(a) repealed (28.9.2004 (E.), 15.10.2005 (W.)) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 8, Sch. 9 (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)

F914Words in s. 284(1)(f) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 15(2)

F916Words in s. 284(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 15(3)(a)

F917S. 284(3)(ya) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 9; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F918S. 284(3)(za) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 191(2), 241 (with s. 226); S.I. 2009/400, art. 3 (with art. 6)

F919Words in s. 284(3)(a) repealed (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 191(3), 238, 241, Sch. 13 (with s. 226); S.I. 2009/400, art. 5, Sch. Pt. 2

F920Words in s. 284(3)(a) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 15(3)(b)

F921S. 284(3)(aa)-(ac) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 15(3)(c)

F924Words in s. 284(3)(h)(i) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 17 (with s. 226); S.I. 2012/601, art. 2(a)

F925Words in s. 284(3)(h) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 15(3)(d)

F926S. 284(3)(i) inserted (6.8.2004 for certain purposes, 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 82(2), 121 (with s. 111); S.I. 2004/ 2097, {art. 2}; S.I. 2006/1281, art. 2

F928Words in s. 284(4) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 15(4)

Modifications etc. (not altering text)

C569 S. 284 extended (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 22, Sch. 2 para. 9 (3) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

285 Validity of enforcement notices and similar notices. E+W

(1)F929. . . The validity of an enforcement notice shall not, except by way of an appeal under Part VII, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.

(2)Subsection (1) shall not apply to proceedings brought under section 179 F929. . . against a person who—

(a)has held an interest in the land since before the enforcement notice was issued under that Part;

(b)did not have a copy of the enforcement notice served on him under that Part; and

(c)satisfies the court—

(i)that he did not know and could not reasonably have been expected to know that the enforcement notice had been issued; and

(ii)that his interests have been substantially prejudiced by the failure to serve him with a copy of it.

(3)Subject to subsection (4), the validity of a notice which has been served under section 215 on the owner and occupier of the land shall not, except by way of an appeal under Chapter II of Part VIII, be questioned in any proceedings whatsoever on either of the grounds specified in section 217(1)(a) or (b).

(4)Subsection (3) shall not prevent the validity of such a notice being questioned on either of those grounds in proceedings brought under section 216 against a person on whom the notice was not served, but who has held an interest in the land since before the notice was served on the owner and occupier of the land, if he did not appeal against the notice under that Chapter.

F930(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F930(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C571S. 285: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

C572S. 285 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 22(1), Sch. 4 Pt. 4

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

C575S. 285(1)(2) applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

286 Challenges to validity on ground of authority’s powers.E+W

(1)The validity of any permission, determination or certificate granted, made or issued or purporting to have been granted, made or issued by a local planning authority in respect of—

(a)an application for planning permission;

[F931(aa)an application for non-material changes to planning permission under section 96A;]

F932(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an application for [F933F934 a certificate under section 191 or 192];

(d)an application for consent to the display of advertisements under section 220; or

(e)a determination under section 302 or Schedule 15,

shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground that the permission, determination or certificate should have been granted, made or given by some other local planning authority.

(2)The validity of any order under section 97 revoking or modifying planning permission, any order under section 102 or paragraph 1 of Schedule 9 requiring discontinuance of use, or imposing conditions on continuance of use, or requiring the alteration or removal of buildings or works, or any enforcement notice under section 172 or stop notice under section 183 [or a breach of condition notice under section 187A], being an order or notice purporting to have been made, issued or served by a local planning authority, shall not be called in question in any such proceedings on the ground—

(a)in the case of an order or notice purporting to have been made, issued or served by a district planning authority, that they failed to comply with paragraph 11(2) of Schedule 1;

(b)in the case of an order or notice purporting to have been made, issued or served by a county planning authority, that they had no power to make, issue or serve it because it did not relate to a county matter within the meaning of that Schedule.

Textual Amendments

F931S. 286(1)(aa) inserted (1.10.2009) by Planning Act 2008 (c. 29), ss. 190(5), 241 (with s. 226); S.I. 2009/2260, art. 3

Modifications etc. (not altering text)

C577Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

287 Proceedings for questioning validity of development plans and certain schemes and orders.E+W

[F935(1)This section applies to—

(a)a simplified planning zone scheme or an alteration of such a scheme;

(b)an order under section 247, 248, 249, 251, 257, 258 or 277,

and anything falling within paragraphs (a) and (b) is referred to in this section as a relevant document.

(2)A person aggrieved by a relevant document may make an application to the High Court on the ground that—

(a)it is not within the appropriate power, or

(b)a procedural requirement has not been complied with.

[F936(2A)An application under this section may not be made without the leave of the High Court.

(2B)An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date.]

(3)The High Court may make an interim order suspending the operation of the relevant document—

(a)wholly or in part;

(b)generally or as it affects the property of the applicant.

[F937(3ZA)An interim order has effect—

(a)if made on an application for leave, until the final determination of—

(i)the question of whether leave should be granted, or

(ii)where leave is granted, the proceedings on any application under this section made with such leave;

(b)in any other case, until the proceedings are finally determined.]

(3A)Subsection (3B) applies if the High Court is satisfied—

(a)that a relevant document is to any extent outside the appropriate power;

(b)that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.

(3B)The High Court may quash the relevant document—

(a)wholly or in part;

(b)generally or as it affects the property of the applicant.

F938(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D)The appropriate power is—

(a)in the case of a simplified planning zone scheme or an alteration of the scheme, Part III;

(b)in the case of an order under section 247, 248, 249, 251, 257, 258 or 277, the section under which the order is made.]

F938(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of [F939subsection (2B)] the relevant date is—

(a)F940. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of an application F941. . . in respect of a simplified planning zone scheme or an alteration of such a scheme, the date of the publication of the first notice of the approval or adoption of the scheme or alteration required by regulations under paragraph 13 of Schedule 7,

(c)in the case of an application F941. . . in respect of an order under section 247, 248, 249, or 251, the date on which the notice required by section 252(10) is first published,

(d)in the case of an application F941. . . in respect of an order under section 257 or 258, the date on which the notice required by paragraph 7 of Schedule 14 is first published in accordance with that paragraph,

(e)in the case of an application F941. . . in respect of an order under section 277, the date on which the notice required by subsection (6) of that section is first published;

but subject, in the case of those orders mentioned in paragraphs (c) and (e) to which section 292 applies, to that section.

[F942(5A)References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A).]

(6)F943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F935S. 287(1)-(3D) substituted for s. 287(1)-(3) (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 9(2) (with s. 111); S.I. 2004/2202, art. 2(h) (subject to transitional provisions and savings in art.4); S.I. 2005/2847, art. 2 (subject to transitional provisions and savings in art. 3)

F940S. 287(5)(a) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 9(3)(a), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)

F941Words in s. 287(5)(b)-(e) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 9(3)(b), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)

F943Words in s. 287(6) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 118, 120, 121, Sch. 6 para. 9(4), Sch. 9 (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)

Modifications etc. (not altering text)

C578Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 287 applied (with modifications) (1.4.1996) by 1994 c. 19, s. 66)7), Sch. 17 Pt. II para. 16(2)(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

C579S. 287, as it continues to have effect by virtue of S.I. 2005/2847 art. 3(3), amended (prosp.) by Planning Act 2008 (c. 29), ss. 186, 241

288 Proceedings for questioning the validity of other orders, decisions and directions.E+W

(1)If any person—

(a)is aggrieved by any order to which this section applies and wishes to question the validity of that order on the grounds—

(i)that the order is not within the powers of this Act, or

(ii)that any of the relevant requirements have not been complied with in relation to that order; or

(b)is aggrieved by any action on the part of the Secretary of State [F944or the Welsh Ministers] to which this section applies and wishes to question the validity of that action on the grounds—

(i)that the action is not within the powers of this Act, or

(ii)that any of the relevant requirements have not been complied with in relation to that action,

he may make an application to the High Court under this section.

[F945(1A)If a person is aggrieved by a relevant costs order made in connection with an order or action to which this section applies and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds—

(a)that the relevant costs order is not within the powers of this Act, or

(b)that any of the relevant requirements have not been complied with in relation to the order.]

(2)Without prejudice to subsection (1) [F946or (1A)], if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State [F947or the Welsh Ministers] to which this section applies, [F948or with any relevant costs order,] wish to question the validity of that order or action on any of the grounds mentioned in subsection (1) [F949or (1A) (as the case may be)], the authority may make an application to the High Court under this section.

F950(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section applies to any such order as is mentioned in subsection (2) of section 284 and to any such action on the part of the Secretary of State [F951or the Welsh Ministers] as is mentioned in subsection (3) of that section.

[F952(4A)An application under this section may not be made without the leave of the High Court.

(4B)An application for leave for the purposes of subsection (4A) must be made before the end of the period of six weeks beginning with the day after—

(a)in the case of an application relating to an order under section 97 that takes effect under section 99 without confirmation, the date on which the order takes effect;

(b)in the case of an application relating to any other order to which this section applies, the date on which the order is confirmed;

(c)in the case of an application relating to an action to which this section applies, the date on which the action is taken;

(d)in the case of an application relating to a relevant costs order, the date on which the order is made.

(4C)When considering whether to grant leave for the purposes of subsection (4A), the High Court may, subject to subsection (6), make an interim order suspending the operation of any order or action the validity of which the person or authority concerned wishes to question, until the final determination of—

(a)the question of whether leave should be granted, or

(b)where leave is granted, the proceedings on any application under this section made with such leave.]

(5)On any application under this section the High Court—

(a)may, subject to subsection (6), by interim order suspend the operation of [F953any order or action], the validity of which is questioned by the application, until the final determination of the proceedings;

(b)if satisfied that [F954any such order or action] is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it, may quash that order or action.

[F955(6)The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a).]

(7)In relation to a tree preservation order, or to an order made in pursuance of section 221(5), the powers conferred on the High Court by subsection [F956(4C) or] (5) shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

(8)References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

[F957(9)In this section—

(10)Any reference in this section to the authority directly concerned with any order or action to which this section applies—

(a)in relation to any such decision as is mentioned in section 284(3)(f), is a reference to the council on whom the notice in question was served and, in a case where the Secretary of State [F958has modified] [F958or the Welsh Ministers have modified] such a notice, wholly or in part, by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or those statutory undertakers;

(b)in any other case, is a reference to the authority who made the order in question or made the decision or served the notice to which the proceedings in question relate, or who referred the matter to the Secretary of State [F959or the Welsh Ministers], or, where the order or notice in question was made or served by [F960him] [F960the Secretary of State or the Welsh Ministers], the authority named in the order or notice.

[F961(11)References in this Act to an application under this section do not include an application for leave for the purposes of subsection (4A).]

Textual Amendments

F944Words in s. 288(1)(b) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 16(2)

F947Words in s. 288(2) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 16(3)

F951Words in s. 288(4) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 16(4)

F958Words in s. 288(10)(a) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 16(5)(a)

F959Words in s. 288(10)(b) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 16(5)(b)(i)

F960Words in s. 288(10)(b) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 16(5)(b)(ii)

Modifications etc. (not altering text)

C580S. 288 extended (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 22, Sch. 2 para. 9 (3) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 288 modified (2.10.1995) by S.I. 1995/2558, reg. 13

C581S. 288 applied (28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 58(3), 121 (with s. 111); S.I. 2004/2202, art. 3 (subject to transitional provisions and savings in art. 4)

289[F962 Appeals to High Court relating to enforcement notices and notices under s. 207[F962Appeals to High Court relating to enforcement notices and notices under sections 207 and 215]]. E+W

(1)Where the Secretary of State gives a decision in proceedings on an appeal under Part VII against an enforcement notice the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.

(2)Where the Secretary of State gives a decision in proceedings on an appeal under Part VIII against a notice under section 207, the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.

[F963(2A)Where the Welsh Ministers give a decision in proceedings on an appeal under Part 8 against a notice under section 215, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Welsh Ministers to sign and state a case for the opinion of the High Court.]

(3)At any stage of the proceedings on any such appeal as is mentioned in subsection (1), the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court.

(4)A decision of the High Court on a case stated by virtue of subsection (3) shall be deemed to be a judgment of the court within the meaning of section 16 of the M153Supreme Court Act 1981 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).

F964[(4A)In proceedings brought by virtue of this section in respect of an enforcement notice, the High Court or, as the case may be, the Court of Appeal may, on such terms if any as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

F964(4B)Where proceedings are brought by virtue of this section in respect of any notice under section 207 [F965or 215], the notice shall be of no effect pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.]

(5)In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—

(a)prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State [F966or the Welsh Ministers]; and

(b)providing for the Secretary of State [F966or the Welsh Ministers], either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

F967[(5A)Rules of court may also provide for the High Court or, as the case may be, the Court of Appeal to give directions as to the exercise, until such proceedings in respect of an enforcement notice are finally concluded and any re-hearing and determination by the Secretary of State has taken place, of any other powers in respect of the matters to which such a notice relates.

(6)No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.]

(7)In this section “decision” includes a direction or order, and references to the giving of a decision shall be construed accordingly.

Textual Amendments

F962S. 289 title substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(8), 58(2)(b)(4)(b)

F963S. 289(2A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(8)(a), 58(2)(b)(4)(b)

F964 S. 289(4A)(4B) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 6(4) (with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 4)

F965Words in s. 289(4B) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(8)(b), 58(2)(b)(4)(b)

F966Words in s. 289(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 48(8)(c), 58(2)(b)(4)(b)

F967S. 289(5A)(6) substituted for s. 289(6) (25.11.1991 for certain purposes and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 6(5) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.3 (subject to art. 4)

Modifications etc. (not altering text)

C583S. 289: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

C584S. 289 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 22(1), Sch. 4 Pt. 4

S. 289 applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

C585S. 289 applied (28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 58(4), 121 (with s. 111); S.I. 2004/2202, art. 3 (subject to transitional provisions and savings in art. 4)

C586S. 289 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 19(1), Sch. 4 Pt. 4 (with reg. 34)

C587S. 289(1) applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 20(1), Sch. 4 Pt. 3 (with reg. 36)

C588S. 289(3)-(4A) applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 20(1), Sch. 4 Pt. 3 (with reg. 36)

C589S. 289(5)-(7) applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 20(1), Sch. 4 Pt. 3 (with reg. 36)

Marginal Citations

F968290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

291 Special provisions as to decisions relating to statutory undertakers.E+W

In relation to any action which—

(a)apart from the provisions of Part XI would fall to be taken by the Secretary of State and, if so taken, would be action falling within section 284(3); but

(b)by virtue of that Part, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 284 and 288 shall have effect (subject to section 292) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

292 Special provisions as to orders subject to special parliamentary procedure.E+W

(1)Where an order under section 247, 248, 249 or 277 is subject to special parliamentary procedure, then—

(a)if the order is confirmed by Act of Parliament under section 6 of the M154Statutory Orders (Special Procedure) Act 1945, sections 284 and 287 shall not apply to the order;

(b)in any other case, section 287 shall have effect in relation to the order as if, in subsection (4) of that section, for the reference to the date there mentioned there were substituted a reference to the date on which the order becomes operative under section 6 of that Act (“the operative date”).

(2)Where by virtue of Part XI any such action as is mentioned in section 291 is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

(a)if the order in which the action is embodied is confirmed by Act of Parliament under section 6 of that Act, sections 284 and 288 shall not apply;

(b)in any other case, section 288 shall apply with the substitution for any reference to the date on which the action is taken of a reference to the operative date.

Marginal Citations

Part XIIIE+W Application of Act to Crown Land

Modifications etc. (not altering text)

C590Pt. XIII (ss. 293-302) modified (17.7.1992) by S.I. 1992/1732, art. 2(1)(2)

Pt. XIII (ss. 293-302) extended (17.7.1992) by S.I. 1992/1732, art. 2(1)(a)

PreliminaryE+W

[F969292AApplication to the CrownE+W

(1)This Act binds the Crown.

(2)But subsection (1) is subject to express provision made by this Part.]

Textual Amendments

F969S. 292A inserted (6.8.2004 for certain purposes and otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(a)

293 Preliminary definitions.E+W

(1)In this Part—

(2)For the purposes of this Part “the appropriate authority”, in relation to any land—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;

(b)in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;

[F971(ba)in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;]

(c)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

(d)in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(e)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.

[F972(f)in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;

(g)in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain.]

[F973(2A)For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.]

(3)If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

[F974(3A)References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.

(3B)In subsection (2A) the Crown includes—

(a)the Duchy of Lancaster;

(b)the Duchy of Cornwall;

(c)a person who is an appropriate authority by virtue of subsection (2)(f) and (g).]

(4)F975. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F976(5)An order made [F977by the Secretary of State] for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument.

(6)But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.]

Textual Amendments

F970Definition in s. 293(1) substituted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 6(2) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

F971S. 293(2)(ba) inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 6(3) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

F972S. 293(2)(f)(g) inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 6(4) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

F973S. 293(2A) inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 6(5) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

F974S. 293(3A)(3B) inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 6(6) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

F976S. 293(5)(6) inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 6(7) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

Modifications etc. (not altering text)

C591S. 293(2)(b) modified (17.7.1992) by S.I. 1992/1732, art. 2(4)(a)

C592S. 293(3) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 221(5), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6) and (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 222(8)(9), 225(2) (with ss. 16(6), 178, 179, 222(3), 224(1), Sch. 22 para. 1)

S. 293(3) applied (1.12.2000) by 1991 c. 56, s. 221(8) (as substituted (1.12.2000) by 1995 c. 25, s. 116, Sch. 21 Pt. I para. 1(1) (with ss. 7(6), 115, 117)); S.I. 2000/3033, art. 2

S. 293(3) applied (1.7.1997 for certain purposes and otherwise prosp.) by 1991 c. 57, s. 222(10) (as substituted by 1995 c. 25, ss. 116, 125(3), Sch. 21 Pt. I para. 2(4) (with ss. 7(6), 115, 117); S.I. 1997/1626, art. 2)

C593S. 293(3) applied (1.10.2004 for E. and 11.11.2004 for W.) by Reservoirs Act 1975 (c. 23), s. 27A(8) (as inserted by 2003 c. 37, s. 80; S.I. 2004/2528, art. 2(p); S.I. 2004/2916, art. 2(c))

Application of Act as respects Crown landE+W

[F978293AUrgent Crown development: applicationE+W

(1)This section applies to a development if the appropriate authority certifies—

(a)that the development is of national importance, and

(b)that it is necessary that the development is carried out as a matter of urgency.

(2)The appropriate authority may, instead of making an application for planning permission [F979to the local planning authority] in accordance with Part 3, make an application for planning permission to the Secretary of State under this section.

(3)If the appropriate authority proposes to make [F980the application to the Secretary of State] [F980an application under this section] it must publish in one or more newspapers circulating in the locality of the proposed development a notice—

(a)describing the proposed development, and

(b)stating that the authority proposes to make the application to the Secretary of State.

(4)For the purposes of an application under this section the appropriate authority must provide to the Secretary of State—

(a)any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 71A;

(b)a statement of the authority’s grounds for making the application.

(5)If the appropriate authority makes an application under this section subsections (6) to (9) below apply.

(6)The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.

(7)As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

(8)The Secretary of State must in accordance with such requirements as are contained in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.

(9)The Secretary of State must consult—

(a)the local planning authority for the area to which the proposed development relates,

[F981(aa)the strategic planning panel for any strategic planning area to which the proposed development relates,] and

(b)such other persons as are specified or described in a development order,

about the application.

(10)Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under section 321(3)(matters related to national security).

(11)Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.]

Textual Amendments

F978S. 293A inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 82, 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

F979Words in s. 293A(2) omitted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 17(2); S.I. 2016/52, art. 3(e)

F980Words in s. 293A(3) substituted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 17(3); S.I. 2016/52, art. 3(e)

F981S. 293A(9)(aa) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 9

294 Control of development on Crown land: special enforcement notices.E+W

F982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

295 Supplementary provisions as to special enforcement notices.E+W

F983. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

296 Exercise of powers in relation to Crown land.E+W

F984. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F985296AEnforcement in relation to the CrownE+W

(1)No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

(2)A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(3)The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

(4)A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

(5)A step taken for the purposes of enforcement includes—

(a)entering land;

(b)bringing proceedings;

(c)the making of an application.

(6)A step taken for the purposes of enforcement does not include—

(a)service of a notice;

(b)the making of an order (other than by a court).

Textual Amendments

296BReferences to an interest in landE+W

(1)Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.

(2)Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

(3)An interest in land includes an interest only as occupier of the land.]

Textual Amendments

297 Agreements relating to Crown land.E+W

F986. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

298 Supplementary provisions as to Crown and Duchy interests.E+W

(1)F987. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F987. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where, in accordance with an agreement under section 297, the approval of a local planning authority is required in respect of any development of land in which there is [F988a Crown interest or] a Duchy interest, [F989sections 109 to 112] shall have effect in relation to the withholding of that approval, or the giving of it subject to conditions, as if it were a refusal of planning permission or, as the case may be, a grant of planning permission subject to conditions.

Textual Amendments

F989Words in s. 298(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 25 (2) (with saving in Sch. 6 para. 25(3) and with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

[F990298AApplications for planning permission by CrownE+W

(1)This section applies to an application for planning permission or for a certificate under section 192 made by or on behalf of the Crown.

(2)The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

(3)A statutory provision is a provision contained in or having effect under any enactment.]

Textual Amendments

F990S. 298A inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 10(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

Provisions relating to anticipated disposal of Crown landE+W

299 Application for planning permission etc. in anticipation of disposal of Crown land.E+W

F991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F991S. 299 repealed (6.8.2004 for certain purposes and prosp. otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 120, 121, Sch. 3 para. 10(2), Sch. 9 (with s. 111); S.I. 2004/2097, art. 2

299A Crown planning obligations.E+W

F992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

300 Tree preservation orders in anticipation of disposal of Crown land.E+W

F993. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

301 Requirement of planning permission for continuance of use instituted by the Crown.E+W

F994. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement in respect of war-time breaches of planning control by CrownE+W

302 Enforcement in respect of war-time breaches of planning control by the Crown.E+W

(1)This section applies where during the war period—

(a)works not complying with planning control were carried out on land, or

(b)a use of land not complying with planning control was begun by or on behalf of the Crown.

(2)Subject to subsection (4), if at any time after the end of the war period there subsists in the land a permanent or long-term interest which is neither held by or on behalf of the Crown nor subject to any interest or right to possession so held, the planning control shall, so long as such an interest subsists in the land, be enforceable in respect of those works or that use notwithstanding—

(a)that the works were carried out or the land used by or on behalf of the Crown, or

(b)the subsistence in the land of any interest held by or on behalf of the Crown in reversion (whether immediate or not) expectant on the termination of that permanent or long-term interest.

(3)A person entitled to make an application under this subsection with respect to any land may apply at any time before the relevant date to an authority responsible for enforcing any planning control for a determination—

(a)whether works on the land carried out, or a use of the land begun, during the war period fail to comply with any planning control which the authority are responsible for enforcing, and

(b)if so, whether the works or use should be deemed to comply with that control.

(4)Where any works on land carried out, or use of land begun, during the war period remain or continues after the relevant date and no such determination has been given, the works or use shall by virtue of this subsection be treated for all purposes as complying with that control unless steps for enforcing the control have been begun before that date.

(5)Schedule 15 shall have effect for the purpose of making supplementary provision concerning the enforcement of breaches of planning control to which this section applies and the making and determination of applications under subsection (3).

(6)In this section and that Schedule—

(7)References in this section and that Schedule to non-compliance with planning control mean—

(a)in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the M157Town and Country Planning Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order;

(b)in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme;

and references in this Act to compliance with planning control shall be construed accordingly.

(8)References in this section and that Schedule to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section 75 of the 1947 Act or by paragraph 34 of Schedule 24 to the 1971 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the M158Planning (Consequential Provisions) Act 1990).

Marginal Citations

Part XIVE+W Financial Provisions

[F995303Fees for planning applications etc.E+W

(1)The appropriate authority may by regulations make provision for the payment of a fee or charge to a local planning authority in respect of—

(a)the performance by the local planning authority of any function they have;

(b)anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function.

[F996(1ZA)The Secretary of State may by regulations make provision for the payment of a fee to—

(a)the Mayor of London in respect of an application for consent, agreement or approval as mentioned in section 61DB(2) or the giving of advice about such an application;

(b)a specified person in respect of an application for consent, agreement or approval for which provision is made under section 61DB(4) or the giving of advice about such an application.]

[F997(1A)The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of—

(a)any application made to the Secretary of State under section 62A;

(b)the giving of advice about applying under section 62A for any permission, approval or consent or for anything else for which an application may be made under that section.]

[F998(1B)The Welsh Ministers may by regulations make provision for the payment of a fee or charge to the Welsh Ministers in respect of—

(a)the performance by the Welsh Ministers of any function they have in respect of an application under section 62D (developments of national significance), section 62M (option to make application directly to Welsh Ministers) or section 62O (connected applications);

(b)anything done by the Welsh Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function.

(1C)References in subsection (1B) to functions that the Welsh Ministers have in respect of an application include references—

(a)in the case of an application under section 62D, to any functions that the Welsh Ministers have in respect of a secondary consent to which, by virtue of the connection between the consent and the application under section 62D, section 62F(2) applies;

(b)to any functions that the Welsh Ministers have, by virtue of provision under section 61Z1, in respect of an application proposed to be made to the Welsh Ministers under section 62D, 62F, 62M or 62O.]

(2)The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority or the local planning authority (or of fees to both the appropriate authority and the local planning authority) in respect of any application for planning permission deemed to be made under section 177(5).

(3)The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of any application for planning permission which is deemed to be made to the appropriate authority under—

(a)any provision of this Act other than section 177(5), or

(b)any order or regulations made under this Act.

(4)The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of an application for planning permission made under section 293A (urgent Crown development).

(5)Regulations under this section may in particular—

(a)make provision as to when a fee or charge payable under the regulations is to be paid;

(b)make provision as to who is to pay a fee or charge payable under the regulations;

(c)make provision as to how a fee or charge payable under the regulations is to be calculated (including who is to make the calculation);

(d)prescribe circumstances in which a fee or charge payable under the regulations is to be remitted or refunded (wholly or in part);

(e)prescribe circumstances in which no fee or charge is to be paid;

(f)make provision as to the effect of paying or failing to pay a fee or charge in accordance with the regulations;

(g)prescribe circumstances in which a fee or charge payable under the regulations to one local planning authority is to be transferred to another local planning authority.

(6)Regulations under this section may—

(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;

(b)in the case of regulations made by virtue of subsection (5)(f) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

(7)In this section “the appropriate authority” means—

(a)the Secretary of State in relation to England;

(b)the Welsh Ministers in relation to Wales.

(8)No regulations shall be made under this section [F999by the Secretary of State] unless a draft of the regulations has been laid before and approved by resolution of—

(a)each House of ParliamentF1000...

F1000(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1001(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)If a local planning authority calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of performing the function or doing the thing (as the case may be).

(11)A financial year is the period of 12 months beginning with 1 April.]

Textual Amendments

F995S. 303 substituted (6.4.2009 for E., 8.8.2014 for W.) by Planning Act 2008 (c. 29), ss. 199, 241(3)(4) (with s. 226); S.I. 2009/400, art. 5(f); S.I. 2014/1769, art. 2(b)

F996S. 303(1ZA) inserted (12.2.2015 for specified purposes) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 19(2)

F997S. 303(1A) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 10; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F998S. 303(1B)(1C) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 18

F1000Words in s. 303(8) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(5)(a)(ii)

Modifications etc. (not altering text)

C595S. 303 restricted (18.12.1996) by 1996 c. 61, s. 11(5)

C596S. 303 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), s. 12(5)

[F1002303ZAFees for appealsE+W

(1)The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of an appeal to the appropriate authority under any provision made by or under—

(a)this Act;

(b)the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2)The regulations may in particular—

(a)make provision as to when a fee payable under the regulations is to be paid;

(b)make provision as to how such a fee is to be calculated (including who is to make the calculation);

(c)prescribe circumstances in which such a fee is to be remitted or refunded (wholly or in part);

(d)prescribe circumstances in which no fee is to be paid;

(e)make provision as to the effect of paying or failing to pay a fee in accordance with the regulations.

(3)A fee payable to the appropriate authority under regulations made under this section is payable—

(a)by the appellant;

(b)in addition to any fee payable to the appropriate authority under regulations made under section 303.

(4)Regulations under this section may—

(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;

(b)in the case of regulations made by virtue of subsection (2)(e) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

(5)In this section “the appropriate authority” means—

(a)the Secretary of State in relation to England;

(b)the Welsh Ministers in relation to Wales.

(6)No regulations shall be made under this section [F1003by the Secretary of State] unless a draft of the regulations has been laid before and approved by resolution of—

(a)each House of ParliamentF1004...

F1004(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1005(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1002S. 303ZA inserted (1.10.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 200, 241 (with s. 226); S.I. 2009/2260, art. 4

F1004Words in s. 303ZA(6) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(6)(a)(ii)

F1005S. 303ZA(7) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(6)(b)

[F1006303A Responsibility of local planning authorities for costs of holding certain inquiries etc.E+W

[F1007(1)This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure.

(1A)A qualifying procedure is—

(a)an independent examination under section 20 or 64 of the Planning and Compulsory Purchase Act 2004;

(b)a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7;

(c)the consideration of objections under paragraph 8(1)(b) of that Schedule.

(1B)[F1008The] [F1008Where a local planning authority cause a qualifying procedure to be carried out or held, the] appropriate authority is—

(a)the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England;

(b)the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales.]

[F1009(1C)Where the qualifying procedure is an independent examination of a strategic development plan under section 64 of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Welsh Ministers.]

(2)The [F1010appropriate authority] may require the whole or any part of the costs borne by [F1011it] in relation to the qualifying [F1012procedure] to be paid by the local planning authority [F1013or strategic planning panel] causing the qualifying [F1012procedure] to be held.

(3)The [F1010appropriate authority] may cause the amount of any such costs to be certified; and any amount so certified and required by [F1011it] to be paid by a local planning authority [F1014or strategic planning panel] shall be recoverable from that authority [F1015or panel] as a civil debt.

(4)What may be recovered under this section by the [F1010appropriate authority] is the entire administrative cost of, or incidental to, the qualifying [F1012procedure] , so far as borne by [F1011it] , including, in particular, such reasonable amount or element as [F1016it] may determine in respect of the general staff costs and overheads of his department.

(5)For the purposes of subsection (4), the [F1010appropriate authority] may by regulations prescribe a standard daily amount in relation to any description of qualifying [F1012procedure] and any description of person appointed to hold it, F1017. . . and where, in relation to a qualifying [F1012procedure] of that description, a person of that description is or has been so appointed, what may be recovered in respect of that qualifying [F1012procedure] by virtue of the appointment of that person F1017. . . is—

(a)the prescribed standard amount from time to time applicable in the case of that qualifying [F1012procedure] and that person in respect of each day, or an appropriate proportion of that amount in respect of a part of a day, on which that person is engaged in the holding of, or is otherwise engaged on work connected with, the qualifying [F1012procedure] ;

(b)any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying [F1012procedure] ;

(c)any costs attributable to the appointment of an assessor to assist that person F1018. . . and

(d)any other costs attributable to the appointment of that person.

(6)The cost of, or incidental to, a qualifying [F1012procedure] which does not take place may be recovered by the [F1010appropriate authority] from the local planning authority [F1019or strategic planning panel] from which it would have been recoverable, had the qualifying [F1012procedure] taken place, to the same extent, and in the same way, as the cost of, or incidental to, a qualifying [F1012procedure] which does take place.

(7)F1020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F1020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F1020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1021(9A)References to a local planning authority [F1022or strategic planning panel] causing a qualifying inquiry to be held include references to a requirement under the Planning and Compulsory Purchase Act 2004 on the authority [F1023or panel] to submit a plan to the appropriate authority for independent examination.]

(10)In this section—

(a)any reference to costs borne by the [F1024appropriate authority] includes a reference to costs which, apart from this section, would fall, or would have fallen, to be borne by [F1025it] ; and

(b)any reference to any remuneration or allowance being paid or payable to a person includes a reference to its being paid or payable for him.

(11)This section applies in relation to costs arising before, as well as costs arising after, its coming into force.]

Textual Amendments

F1006S. 303A inserted (8.11.1995) by 1995 c. 49, s. 1(1)

F1007S. 303A(1)-(1B) substituted (28.9.2004 (E.), 15.10.2005 (W.)) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 118, Sch. 6 para. 11(2), (with s. 111); S.I. 2004/2202, art. 2; S.I. 2005/2847, art. 2

F1008Words in s. 303A(1B) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(2)

F1009S. 303A(1C) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(3)

F1010Words in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F1011Word in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F1012Word in s. 303A(2)(4)(5)(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(4) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F1013Words in s. 303A(2) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(4)

F1014Words in s. 303A(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(5)(a)

F1015Words in s. 303A(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(5)(b)

F1016Word in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F1017Words in s. 303A(5) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(5) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F1018Words in s. 303A(5)(c) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(5)(c) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F1019Words in s. 303A(6) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(6)

F1020S. 303A(7)-(9) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(6) (with s. 111); S.I. 2004/2202, art. 2 Sch .1 (subjject to transitional provisions and savings in art. 4) ; S.I. 2005/2847, art. 2 Sch. 1 (subjject to transitional provisions and savings in art. 3)

F1021S. 303A(9A) inserted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(7) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subjject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subjject to transitional provisions and savings in art. 3)

F1022Words in s. 303A(9A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(7)(a)

F1023Words in s. 303A(9A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(7)(b)

F1024Words in s. 303A(10)(a) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F1025Word in s. 303A(10)(a) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)

Modifications etc. (not altering text)

C597S. 303A modified (8.11.1995) by 1995 c. 49, s. 1(2)(3)(4)

S. 303A restricted (8.11.1995) by 1995 c. 49, s. 2(14)

304 Grants for research and education.E+W

The Secretary of State may, with the consent of the Treasury, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.

[F1026304AGrants for advice and assistanceE+W

(1)The appropriate authority may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to—

(a)the planning Acts;

(b)the Planning and Compulsory Purchase Act 2004;

[F1027(ba)the Planning Act 2008;]

(c)the enactments mentioned in subsection (2).

(2)The enactments are enactments which relate to planning contained in the following Acts—

(a)the Planning and Compensation Act 1991;

(b)the Transport and Works Act 1992;

(c)the Environment Act 1995.

(3)The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate.

(4)Person includes a body whether or not incorporated.

(5)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales.]

Textual Amendments

305 Contributions by Ministers towards compensation paid by local authorities.E+W

(1)Where—

(a)compensation is payable by a local authority [F1028or National Park authority] under this Act in consequence of any decision or order to which this section applies, and

(b)that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,

the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.

(2)This section applies to any decision or order given or made under Part III, the provisions of Part VI relating to purchase notices, Part VII, Part VIII or Schedule 5, 6 or 9.

Textual Amendments

306 Contributions by local authorities and statutory undertakers.E+W

(1)Without prejudice to section 274 of the M159Highways Act 1980 (contributions by local authorities to expenses of highway authorities), any local authority may contribute towards any expenses incurred by a local highway authority—

(a)in the acquisition of land under Part IX of this Act or Chapter V of Part I of the M160Planning (Listed Buildings and Conservation Areas) Act 1990,

(b)in the construction or improvement of roads on land so acquired, or

(c)in connection with any development required in the interests of the proper planning of the area of the local authority.

(2)Any local authority and any statutory undertakers may contribute towards—

[F1029(a)any expenses incurred by a local planning authority for the purposes of carrying out a review under section 13 or 61 of the Planning and Compulsory Purchase Act 2004 (duty of local planning authority to keep under review certain matters affecting development);

(ab)any expenses incurred by a county council for the purposes of carrying out a review under section 14 of that Act (duty of county council to keep under review certain matters affecting development);]

(b)any expenses incurred by a local planning authority or a mineral planning authority in or in connection with the performance of any of their functions under Part III, the provisions of Part VI relating to purchase notices, Part VII [F1030except sections 196A and 196B], Part VIII (except section 207), Part IX or Schedule 5 or 9.

[F1031(2A)Each of the persons specified in subsection (2B) may contribute towards any expenses incurred by a strategic planning panel for the purposes of carrying out a review under section 60H of the Planning and Compulsory Purchase Act 2004 (duty of strategic planning panel to keep under review certain matters affecting development).

(2B)The persons are—

(a) a local authority in Wales;

(b)a statutory undertaker authorised to carry on an undertaking in Wales.]

(3)Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under Part III, the provisions of Part VI relating to purchase notices, Part VII [F1030except sections 196A and 196B], Part VIII, or Schedule 5 or 9, the Secretary of State may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.

(4)Subsection (3) shall apply in relation to payments made by a local authority to any statutory undertakers in accordance with financial arrangements to which effect is given under section 275(5)(c), as it applies in relation to compensation payable by such an authority in consequence of anything done under Part III, Part VIII or Schedule 5 or 9, and the reference in that subsection to the proceeding giving rise to the compensation shall be construed accordingly.

(5)For the purposes of this section, contributions made by a local planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.

[F1032(6)This section shall have effect as if the references to a local authority included references to a National Park authority.]

Textual Amendments

F1029S. 306(2)(a)(ab) substituted for s. 306(2)(a) (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 12 (with s. 111); S.I. 2004/2202, art. 2 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 (subject to transitional provisions and savings in art. 3)

Modifications etc. (not altering text)

C598S. 306(2)(a) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 66(7), Sch. 17 Pt. II para. 17(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 6(3), Sch. 5

Marginal Citations

307 Assistance for acquisition of property where objection made to blight notice in certain cases.E+W

(1)The council of a county, [F1033county borough,] district or London borough may advance money to any person for the purposes of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 151 specifying the grounds mentioned in subsection (4)(d) of that section as, or as one of, the grounds of objection.

(2)No advance may be made under subsection (1) in the case of a hereditament if its annual value exceeds such amount as may be prescribed for the purposes of section 149(3)(a).

(3)An advance under subsection (1) may be made subject to such conditions as the council may think fit.

Textual Amendments

308 Recovery from acquiring authorities of sums paid by way of compensation.E+W

(1)This section applies where—

(a)an interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and

(b)a notice is registered under section 110(2) F1034. . . in respect of any of the land acquired or sold (whether before or after the completion of the acquisition or sale) in consequence of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected.

(2)Where this section applies the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 110(5) F1034. . .) is to be treated as attributable to that land.

(3)If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land acquired or sold to which a person other than the acquiring authority is entitled, the sum referred to in subsection (2) shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.

(4)No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.

(5)Where the Secretary of State recovers a sum under this section in respect of any land by reason that it is land in respect of which a notice is registered under the provisions of section 110, section 112(11) to (13) shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 112(11).

(6)In this section F1034. . . “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it.

Textual Amendments

F1035309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

310 Sums recoverable from acquiring authorities reckonable for purposes of grant.E+W

Where—

(a)a sum is recoverable from any authority under section 308 F1036. . . by reference to an acquisition or purchase of an interest in land, and

(b)a grant became or becomes payable to that or some other authority under an enactment in respect of that acquisition or purchase or of a subsequent appropriation of the land,

the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.

Textual Amendments

311 Expenses of government departments.E+W

(1)The following expenses of the Secretary of State shall be paid out of money provided by Parliament—

(a)any expenses incurred by the Secretary of State under subsection (5) of section 220 or in the payment of expenses of any committee established under that section;

(b)any sums necessary to enable the Secretary of State to make any payments becoming payable by him under Part IV F1037. . .;

(c)any expenses incurred by the Secretary of State under Part X;

(d)any expenses incurred by the Secretary of State in the making of grants under section 304;

(e)any administrative expenses incurred by the Secretary of State for the purposes of this Act.

(2)There shall be paid out of money provided by Parliament any expenses incurred by any government department (including the Secretary of State)—

(a)in the acquisition of land under Part IX;

(b)in the payment of compensation under section 236(4), 279(2) or 325;

(c)under section 240(1)(b); or

(d)under section 305.

Textual Amendments

F1038312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

313 General provision as to receipts of Secretary of State.E+W

F1039. . .Subject to the provisions of section 112, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.

Textual Amendments

314 Expenses of county councils.E+W

The council of a county may direct that any expenses incurred by them under the provisions specified in Parts I and II of Schedule 16 shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions.

Part XVE+W Miscellaneous and General Provisions

Application of Act in special casesE+W

315 Power to modify Act in relation to minerals.E+W

(1)In relation to development consisting of the winning and working of minerals [F1040or involving the depositing of mineral waste], the provisions specified in Parts I and II of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.

(2)In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) F1041. . ., the provisions specified in Part III of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.

(3)Regulations made for the purposes of this section may only be made with the consent of the Treasury and shall be of no effect unless they are approved by resolution of each House of Parliament.

(4)Any regulations made by virtue of subsection (1) shall not apply—

(a)to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes; F1042. . .

F1042(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Nothing in subsection (1) or (4) shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.

Textual Amendments

F1042S. 315(4)(b) and word “or” immediately preceding it repealed (1.11.1994) by 1994 c. 21, s. 67, Sch. 9 para. 39(2), Sch. 11 Pt. III (with s. 40(7)); S.I. 1994/2552, art. 3, Sch. 2

[F1043316 Land of interested planning authorities and development by them.E+W

(1)The provisions of Parts III, VII and VIII of this Act shall apply in relation to—

(a)land of interested planning authorities; and

(b)the development of any land by interested planning authorities or by such authorities jointly with any other persons,

subject to regulations made by virtue of this section.

(2)The regulations may, in relation to such land or such development—

(a)provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;

(b)make new provision as to any matter dealt with in any of those provisions;

(c)make different provision in relation to different classes of land or development.

(3)Without prejudice to subsection (2), the regulations may provide—

(a)subject to subsection (5), for applications for planning permission to develop such land, or for such development, to be determined by the authority concerned, by another interested planning authority or by the Secretary of State; and

(b)for the procedure to be followed on such applications,

and, in the case of applications falling to be determined by an interested planning authority, they may regulate the authority’s arrangements for the discharge of their functions, notwithstanding [F1044any provision made by or under sections 319ZA to 319ZC or] anything in section 101 of the M161Local Government Act 1972.

(4)The regulations shall—

(a)provide for section 71(3), and any provision made by virtue of section 65 or 71 by a development order, to apply to applications for planning permission to develop [F1045such land, or for such development,] [F1045land of an interested planning authority other than the Welsh Ministers, or for the development of land by an interested planning authority other than the Welsh Ministers,] subject to prescribed exceptions or modifications, or

(b)make corresponding provision.

(5)In the case of any application for planning permission to develop land of an interested planning authority [F1046other than the Welsh Ministers] where—

(a)the authority do not intend to develop the land themselves or jointly with any other person; and

(b)if it were not such land, the application would fall to be determined by another body,

the regulations shall provide for the application to be determined by that other body, unless the application is referred to the Secretary of State under section 77.

(6)In this section “interested planning authority”, in relation to any land, means any body which exercises any of the functions of a local planning authority in relation to that land [F1047or the Welsh Ministers]; and for the purposes of this section land is land of an authority if the authority have any interest in it.

(7)This section applies to any consent required in respect of any land as it applies to planning permission to develop land.

(8)Subsection (1) does not apply to sections 76, 90(2) and (5) and 223.]

[F1048(9)The power to make regulations under this section relating to land of the Welsh Ministers or to the development of land by the Welsh Ministers is exercisable by the Welsh Ministers.]

Textual Amendments

F1043S. 316 substituted (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.20, (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1491, art. 2

F1044Words in s. 316(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 39(2), 58(2)(b)(4)(b)

F1045Words in s. 316(4) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 19(2)

F1046Words in s. 316(5) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 19(3)

F1047Words in s. 316(6) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 19(4)

F1048S. 316(9) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 19(5)

Modifications etc. (not altering text)

C599S. 316: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

[F1049316A Local planning authorities as statutory undertakers.E+W

In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.]

Textual Amendments

F1049S. 316A inserted (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 48 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1491, art. 2, Sch. 1

F1050317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

318 Ecclesiastical property.E+W

(1)Without prejudice to the provisions of the M162Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the [F1051Diocesan Board of Finance for the diocese in which the land is situated].

(2)[F1052Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant]—

(a)if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 [F1053it] shall be treated as being vested in the [F1054Diocesan Board of Finance for the diocese in which the land is situated];

(b)in any case, [F1053it] shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the [F1054Diocesan Board of Finance for the diocese in which the land is situated], and any notice to treat shall be served, or be deemed to have been served, accordingly.

(3)Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property [F1055shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated], and shall F1056. . . be applied by [F1057it] for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.

(4)Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—

(a)shall be paid to the [F1058Diocesan Board of Finance for the diocese in which the land is situated], and

(b)shall be applied by [F1057it] for the purposes mentioned in subsection [F1059(3)].

(5)Where any sum is recoverable under section 111, [F1060or 112] in respect of any such land, the [F1061Diocesan Board of Finance for the diocese in which the land is situated] may apply any money or securities held by [F1057it] in the payment of that sum.

(6)In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice [F1062of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F1063of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F1064. . . .

Textual Amendments

F1060Words in s. 318(5) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 33 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Modifications etc. (not altering text)

C600S. 318(1)(3)(6) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(1)

Marginal Citations

[F1065319The Isles of Scilly.E+W

(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2)An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority.

(3)Before making an order under this section the Secretary of State shall consult with that Council.]

Textual Amendments

F1065S. 319 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.49 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

[F1066Wales: discharge of functions of local planning authority relating to applicationsE+W

Textual Amendments

F1066Ss. 319ZA-319ZD and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 39(1), 58(2)(b)(4)(b)

319ZARequirement for functions to be discharged by committee, sub-committee or officerE+W

(1)The Welsh Ministers may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for a relevant function to be discharged by a committee, sub-committee or officer of the authority.

(2)The regulations may prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms.

(3)Where arrangements required by the regulations are in force in relation to a relevant function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply).

319ZBSize and composition of committee discharging functionsE+W

(1)The Welsh Ministers may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which a relevant function is to be discharged.

(2)A relevant local planning authority may not arrange for a relevant function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement of regulations under this section.

(3)If a committee or sub-committee discharging a relevant function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure.

319ZCSections 319ZA and 319ZB: supplementaryE+W

(1)Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZA and 319ZB and any regulations made under them.

(2)Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant functions jointly, sections 319ZA and 319ZB apply in relation to those functions as if—

(a)references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities;

(b)references to an officer of a relevant local planning authority were references to an officer of any of those authorities.

(3)Regulations under sections 319ZA and 319ZB may—

(a)make different provision for different local planning authorities;

(b)make special provision for cases where two or more authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant functions.

319ZDInterpretation of sections 319ZA to 319ZCE+W

In sections 319ZA to 319ZC—

[F1067Determination of procedureE+W

Textual Amendments

F1067S. 319A and preceding cross-heading inserted (6.4.2009 for certain purposes) by Planning Act 2008 (c. 29), ss. 196(1), 241 (with s. 226); S.I. 2009/400, art. 3 (with art. 6(2))

319A[F1068Determination of procedure for certain proceedings: England]E+W

(1)The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

(2)A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—

(a)at a local inquiry;

(b)at a hearing;

(c)on the basis of representations in writing.

(3)The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

(5)The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

(6)The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

(7)This section applies to—

[F1069(za)an application made to the Secretary of State under section 62A;]

(a)an application referred to the Secretary of State under section 77 instead of being dealt with by a local planning authority in England;

(b)an appeal under section 78 against a decision of a local planning authority in England;

[F1070(ba)an appeal under section 106BC (appeals in relation to applications for modification or discharge of affordable housing requirements);]

(c)an appeal under section 174 against an enforcement notice issued by a local planning authority in England;

(d)an appeal under section 195 against a decision of a local planning authority in England; and

(e)an appeal under section 208 against a notice under section 207(1) issued by a local planning authority in England.

(8)But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) of this section ceases to have effect.

(9)The Secretary of State may by order amend subsection (7) to—

(a)add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or

(b)otherwise modify the descriptions of proceedings to which this section applies.

(10)An order under subsection (9) may—

(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;

(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.]

Textual Amendments

F1069S. 319A(7)(za) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 11; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

[F1071319B.Determination of procedure for certain proceedings: WalesE+W

(1)The Welsh Ministers must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

(2)A determination under subsection (1) must provide for the proceedings to be considered in such one or more of the following ways as appear to the Welsh Ministers to be appropriate—

(a)at a local inquiry;

(b)at a hearing;

(c)on the basis of representations in writing.

(3)The Welsh Ministers must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

(5)The Welsh Ministers must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

[F1072(5A)In a case where an application has been made to the Welsh Ministers under section 62D, 62M or 62O, they must also notify any representative persons they consider appropriate.]

(6)The Welsh Ministers must publish the criteria which are to be applied in making determinations under subsection (1).

(7)This section applies to—

[F1073(za)an application made to the Welsh Ministers under section 62D, including proceedings relating to any secondary consent in respect of which, by virtue of its connection to that application, section 62F(2) applies;

(zb)an application made to the Welsh Ministers under section 62M or 62O;]

(a)an application referred to the Welsh Ministers under section 77;

(b)an appeal to the Welsh Ministers under section 78;

(c)an appeal to the Welsh Ministers under section 174;

(d)an appeal to the Welsh Ministers under section 195; and

(e)an appeal to the Welsh Ministers under section 208.

(8)But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) ceases to have effect.

[F1074(8A)For the purposes of this section as it applies where an application has been made to the Welsh Ministers under section 62D, 62M or 62O—

(9)The Welsh Ministers may by order amend subsection (7) to—

(a)add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or

(b)otherwise modify the descriptions of proceedings to which this section applies.

(10)An order under subsection (9) may—

(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;

(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

F1075(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1072S. 319B(5A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 20(2)

F1073S. 319B(7)(za)(zb) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 20(3)

F1074S. 319B(8A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 20(4)

F1075S. 319B(11) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(5)

Local inquiries and other hearingsE+W

320 Local inquiries. E+W

(1)The Secretary of State [F1076or the Welsh Ministers] may cause a local inquiry to be held for the purposes of the exercise of any of his [F1077or their] functions under any of the provisions of this Act.

(2)Subsections (2) to (5) of section 250 of the M163Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry [F1078held by virtue of this section] [F1078caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers].

[F1079(3)In its application by subsection (2) to an inquiry [F1080held in England] [F1080caused to be held by the Secretary of State], section 250(4) of that Act has effect as if—

(a)after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

(b)after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.]

Textual Amendments

F1076Words in s. 320(1) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(2)(a)

F1077Words in s. 320(1) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(2)(b)

F1078Words in s. 320(2) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(3)

F1080Words in s. 320(3) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(4)

Modifications etc. (not altering text)

C602S. 320: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

321 Planning inquiries to be held in public subject to certain exceptions.E+W

(1)This section applies to any inquiry held under section 320(1), paragraph 6 of Schedule 6 or paragraph 5 of Schedule 8.

(2)Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(3)If the Secretary of State is satisfied in the case of any such inquiry—

(a)that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4); and

(b)that the public disclosure of that information would be contrary to the national interest,

he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in the direction.

(4)The matters referred to in subsection (3)(a) are—

(a)national security; and

(b)the measures taken or to be taken to ensure the security of any premises or property.

[F1081(5)If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(6)If before the Secretary of State gives a direction under subsection (3) no person is appointed under subsection (5), the Attorney General may at any time appoint a person as mentioned in subsection (5) for the purposes of the inquiry.

(7)The Lord Chancellor may by rules make provision—

(a)as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);

(b)as to the functions of a person appointed under subsection (5) or (6).

(8)Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9)If a person is appointed under subsection (5) or (6) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in subsection (4) (the responsible person) to pay the fees and expenses of the appointed representative.

(10)If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.

(11)The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.

(12)An amount so certified is recoverable from the responsible person as a civil debt.]

Textual Amendments

F1081S. 321(5)-(12) inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 80(1), 121 (with s. 111); S.I. 2004/ 2097, {art. 2}; S.I. 2006/1281, art. 2

Modifications etc. (not altering text)

C603S. 321: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

[F1082321AAppointed representative: no inquiryE+W

(1)This section applies if—

(a)a person is appointed under subsection (5) or (6) of section 321, but

(b)no inquiry is held as mentioned in subsection (1) of that section.

(2)Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.

(3)For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.

(4)This section does not affect section 322A.]

Textual Amendments

F1082S. 321A inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 80(2), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

[F1083321BSpecial provision in relation to planning inquiries: WalesE+W

(1)This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.

(2)The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the [F1084Welsh Assembly Government] .

(3)The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.

(4)If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.

(5)F1085. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1086(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1083S. 321B inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 81(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2

F1084Words in s. 321B(2) substituted by Government of Wales Act 2006 (c. 32), ss. 160, 161, Sch. 10 para. 35(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F1085S. 321B(5) repealed by Government of Wales Act 2006 (c. 32), ss. 160, 161, 163, Sch. 10 para. 35(b), Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F1086S. 321B(6) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(7)

F1087322 Orders as to costs of parties where no local inquiry held.E+W

(1)This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him.

[F1088(1A)This section also applies to proceedings under this Act to which section 319A applies.]

[F1089(1AA)[F1090This section also applies to proceedings under this Act to which section 319B applies.]]

[F1091(1B)Section 250(4) of the Local Government Act 1972 applies to costs incurred by the Secretary of State, or a person appointed by the Secretary of State, in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to a local inquiry.

(1C)In its application for that purpose, section 250(4) of that Act has effect as if—

(a)after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

(b)after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

(1D)Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to an inquiry.]

(2)The Secretary of State has the same power to make orders under section 250(5) of the M164Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings [F1092in England] to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

Textual Amendments

F1087S. 322 omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 6 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))

F1088S. 322(1A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 10 (with s. 226); S.I. 2009/400, art. 3

F1090S. 322(1AA) omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 13(2)

F1092Words in s. 322(2) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 13(3)

Modifications etc. (not altering text)

C604S. 322 amendment to earlier affecting provision 1990 c. 10, s. 37 (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 28

C605S. 322 amendment to earlier affecting provision 1990 c. 9, s. 89(1) (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 21

C606S. 322 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3

S. 322 applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 322: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Commencement Information

I1S. 322 omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 6 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3) thus bringing s. 322 partially into force)

Marginal Citations

[F1093322A Orders as to costs: supplementary.E+W

(1)This section applies where—

(a)for the purposes of any proceedings [F1094in England] under this Act—

(i)the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and

(ii)arrangements are made for a local inquiry or hearing to be held;

(b)the inquiry or hearing does not take place; and

(c)if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M165Local Government Act 1972 requiring any party to pay any costs of any other party.

[F1095(1A)This section also applies where—

(a)arrangements are made for a local inquiry or a hearing to be held pursuant to a determination under section 319A;

(b)the inquiry or hearing does not take place; and

(c)if it had taken place, the Secretary of State or a person appointed by the Secretary of State would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.]

[F1096(1B)[F1097This section also applies where—

(a)arrangements are made for a local inquiry or a hearing to be held pursuant to a determination of the Welsh Ministers under section 319B;

(b)the inquiry or hearing does not take place; and

(c)if it had taken place, the Welsh Ministers or a person appointed by the Welsh Ministers would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.]]

(2)Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.]

[F1098(3)Where this section applies in the case of an inquiry or hearing which was to take place in England but did not, section 250(4) of that Act applies to costs incurred by the Secretary of State or a person appointed by the Secretary of State as if—

(a)in the case of an inquiry, the inquiry had taken place;

(b)in the case of a hearing, the hearing were an inquiry which had taken place.

(4)In its application for that purpose, section 250(4) of that Act has effect as if—

(a)after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

(b)after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

(5)Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to a hearing of the kind referred to in subsection (1) or (1A) which was to take place in England but did not as it applies to costs incurred in relation to an inquiry which was to take place but did not.]

Textual Amendments

F1093S. 322A inserted (2.1.1992 except for certain purposes which exception is prosp..) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 30(1), 84(2)-(4) (with s. 84(5)); S.I. 1991/2728, art.3 (subject to art. 4)

F1094Words in s. 322A(1)(a) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 14(2); S.I. 2016/52, art. 4(a) (with art. 17)

F1095S. 322A(1A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 11 (with s. 226); S.I. 2009/400, art. 3

F1097S. 322A(1B) omitted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 14(3); S.I. 2016/52, art. 4(a) (with art. 17)

Modifications etc. (not altering text)

C607S. 322A amendment to earlier affecting provision 1990 c. 9, s. 89(1) (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 21

C608S. 322A amendment to earlier affecting provision 1990 c. 10, s. 37 (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 28

C610S. 322A applied (with application in accordance with reg. 2 11 of the amending S.I.) by The Marine Licensing (Licence Application Appeals) Regulations 2011 (S.I. 2011/934), regs. 1(b), 18(3)

C611S. 322A applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 322A: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 322A applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 9(7)

C612S. 322A applied (13.2.2004 for E. and 31.5.2005 for W.) by 1981 c. 69, Sch. 15 para. 10A(3) (as inserted by 2000 c. 37, ss. 51, 103(3)-(5), Sch. 5 Pt. I para. 11(8); S.I. 2004/292, art. 2(d)(iii) (with art. 3(1); S.I. 2005/1314, art. 2(a)(iii))

S. 322A applied (12.2.2003 for E. for certain purposes, 15.7.2005 for W. for certain purposes, 11.5.2006 for W. otherwise, and for E. otherwise prosp.) by 1980 c. 66, Sch. 6 para. 2B(3) (as inserted by 2000 c. 37, ss. 57, 103(3)-(5), Sch. 6 para. 23(8); S.I. 2003/272, art. 2(p); S.I. 2005/1314, art. 3(d)(viii)(gg); S.I. 2006/1279, art. 2(l)(n))

S. 322A applied (30.1.2001) by 1981 c. 69, ss. 28F(11), 28L(13) (as substituted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1)

S. 322A applied (E.) (1.2.2002) by S.I. 2001/3966, art. 15(10)

C613S. 322A applied (19.8.2002) by The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas)(Wales) Regulations 2002 (S.I. 2002/2127), {reg. 15(10)} (with reg. 17)

S. 322A applied (E.) (1.10.2006) by The Environmental Impact Assessment (Agriculture)(England) Regulations 2006 (S.I. 2006/2362), {reg. 33(13)}

S. 322A applied (E.) (21.5.2007) by Wildlife and Countryside Act 1981 (c. 69), Sch. 15 para. 10A(3) (as inserted by Countryside and Rights of Way Act 2000 (c. 37), ss. 51, 103, Sch. 5 para. 11); S.I. 2007/1493, art. 2)

S. 322A applied (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(11)

Marginal Citations

[F1099322B Local inquiries in London: special provision as to costs in certain cases.E+W

(1)This section applies where—

(a)the local planning authority for a London borough refuse an application for planning permission,

(b)that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and

(c)an appeal against the refusal is made to the Secretary of State under section 78.

(2)If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—

(a)for subsection (4) there were substituted the subsection set out at subsection (5) below, and

(b)for subsection (5) there were substituted the subsection set out at subsection (6) below.

(3)If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.

(4)If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.

(5)The subsection referred to in subsection (2)(a) above is as follows—

“( )Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry[F1100, or such portion of those costs as he may direct,] shall be paid—

(a)by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or

(b)if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;

and the Secretary of State may cause the amount of the costs so incurred [F1101or, where he directs a portion of them to be paid, the amount of that portion] to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”

(6)The subsection referred to in subsection (2)(b) above is as follows—

“( )Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—

(a)the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;

(b)every such order may be made a rule of the High Court on the application of any party named in the order. ”

(7)In this section “the 1972 Act” means the Local Government Act 1972.]

Textual Amendments

F1099S. 322B inserted (3.7.2000) by 1999 c. 29, s. 345 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

[F1102322CCosts: WalesE+W

(1)This section applies in relation to any application, appeal or reference under this Act to the Welsh Ministers (whether it is considered at an inquiry or hearing or on the basis of written representations).

(2)The costs incurred by the Welsh Ministers in relation to the application, appeal or reference (or so much of them as the Welsh Ministers may direct) are to be paid by the applicant, appellant or person making the reference, or such local planning authority or other party to the application, appeal or reference, as the Welsh Ministers may direct.

(3)Costs incurred by the Welsh Ministers in relation to an application, appeal or reference include the entire administrative cost incurred in connection with it so that, in particular, there shall be treated as costs incurred by the Welsh Ministers such reasonable sum as the Welsh Ministers may determine in respect of general staff costs and overheads of the Welsh Government.

(4)The costs to which subsection (2) applies include costs in respect of an inquiry or hearing that does not in the event take place and costs incurred in reviewing planning obligations (within the meaning of section 106).

(5)The Welsh Ministers may by regulations prescribe a standard daily amount for cases involving an inquiry or hearing of any description or cases of any description considered on the basis of representations in writing; and where an inquiry or hearing of that description takes place or a case of that description is considered on the basis of representations in writing, the costs incurred by the Welsh Ministers are to be taken to be—

(a)the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which a prescribed person is engaged in dealing with the case;

(b)costs actually incurred in connection with dealing with the case on travelling or subsistence allowances or the provision of accommodation or other facilities;

(c)any costs attributable to the appointment of prescribed persons to assist in dealing with the case;

(d)any legal costs or disbursements incurred or made by or on behalf of the Welsh Ministers in connection with the case.

(6)The Welsh Ministers may make orders as to the costs of the applicant or appellant or any other party to the application, appeal or reference, and as to the person or persons by whom the costs are to be paid.]

Textual Amendments

F1102S. 322C inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 49, 58(2)(b)(4)(b)

Modifications etc. (not altering text)

C614S. 322C applied by 1980 c. 66, Sch. 6 para. 2B(4) (as inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 3(c))

C615S. 322C applied by 1980 c. 66, s. 121(5F) (as inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 2(4))

C616S. 322C applied by 1981 c. 69, Sch. 15 para. 10A(4) (as inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 7(c))

323 Procedure on certain appeals and applications[F1103: England]. E+W

(1)The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings [F1104in England] under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under [F1105section 9 of the Tribunals and Inquiries Act 1992] apply.

[F1106(1A)The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319A, are to be considered on the basis of representations in writing.]

[F1107(1B)[F1108The Welsh Ministers may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319B, are to be considered on the basis of representations in writing.]]

(2)[F1109Regulations under this section may] in particular make provision as to the procedure to be followed—

(a)where steps have been taken with a view to the holding of [F1110an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply] which does not take place, or

(b)where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c)where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

(3)[F1109Regulations under this section may] also—

(a)provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;

(b)prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

(c)empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and

(d)empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

[F1111(4)Regulations made by the Secretary of State under this section may include provision as to the circumstances in which, in proceedings in England such as are mentioned in subsection (1) or (1A)—

(a)directions may be given under section 250(4) of the Local Government Act 1972 as applied by a prescribed provision of this Act;

(b)orders for costs may be made under section 250(5) of that Act as so applied.]

Textual Amendments

F1103Word in s. 323 heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 15(4)

F1104Words in s. 323(1) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 15(2)

F1105Words in s. 323(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 26

F1106S. 323(1A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 12(2) (with s. 226); S.I. 2009/400, art. 3

F1108S. 323(1B) omitted (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 15(3)

F1109Words in s. 323(2)(3) substituted (6.4.2009 for certain purposes) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 12(3) (with s. 226); S.I. 2009/400, art. 3; and as amended (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 11(3)

F1110Words in s. 323(2)(a) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 12(4) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C617S. 323 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3

C618S. 323: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C619S. 323 amendment to earlier affecting provision 1990 c. 9, s. 89(1) (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 21

C620S. 323 amendment to earlier affecting provision 1990 c. 10, s. 37 (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 28

[F1112323AProcedure for certain proceedings: WalesE+W

(1)The Welsh Ministers may by regulations prescribe the procedure to be followed in connection with—

(a)an inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of this Act;

(b)proceedings on an application, appeal or reference that, under or by virtue of any provision of this Act, is to be considered by or on behalf of the Welsh Ministers on the basis of representations in writing.

(2)The regulations may include provision—

(a)about the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;

(b)about the conduct of proceedings.

(3)The regulations may include provision about the procedure to be followed—

(a)where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,

(b)where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or

(c)where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.

(4)The regulations may—

(a)provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents,

(b)prescribe the time limit (which may be different for different classes of proceedings) or enable the Welsh Ministers to give directions setting the time limit in a particular case or class of case,

(c)enable the Welsh Ministers to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(d)enable the Welsh Ministers, after giving the parties written notice of their intention to do so, to proceed to a decision even though no written representations were made within the time limit, if it appears to them that they have sufficient material before them to enable them to reach a decision on the merits of the case.

(5)The regulations may also make provision as to the circumstances in which—

(a)a direction under section 322C(2) may be given;

(b)an order for costs under section 322C(4) may be made.

(6)The Welsh Ministers may by regulations provide that in prescribed circumstances a matter may not be raised in proceedings on an appeal made under or by virtue of this Act to the Welsh Ministers unless it has been previously raised before a prescribed time or it is shown that it could not have been raised before that time.]

Textual Amendments

F1112S. 323A inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 50, 58(2)(b)(4)(b)

Rights of entryE+W

324 Rights of entry.E+W

(1)Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

[F1113(a)the preparation, revision, adoption or approval of a local development document under Part 2 of the Planning and Compulsory Purchase Act 2004 or a local development plan under Part 6 of that Act;]

[F1114(aa)the preparation, making, modification or revocation of a neighbourhood development plan under Part 3 of that Act;]

(b)any application under Part III or sections F1115. . ., 220 or 221 or under any order or regulations made under any of those provisions, for any permission, consent or determination to be given or made in connection with that land or any other land under that Part or any of those sections or under any such order or regulations;

[F1116(ba)any application made to the Welsh Ministers under section 62O;

(bb)any secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers;]

(c)any proposal by the local planning authority or by the Secretary of State to make, issue or serve any order or notice under Part III (other than sections 94 and 96), F1117. . . [F1118or Chapter 2 or 3 of Part VIII] or under any order or regulations made under any of those provisions.

[F1119(1A)For the purposes of subsection (1)(c) the reference to a proposal by the local planning authority to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the authority for the making by them of a neighbourhood development order.]

[F1120(1B)Any person duly authorised in writing by the Welsh Ministers or by a strategic planning panel may at any reasonable time enter any land for the purpose of surveying it in connection with the preparation, revision, adoption or approval of a strategic development plan under Part 6 of the Planning and Compulsory Purchase Act 2004.]

F1121(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any person duly authorised in writing by the local planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred on the authority by section 225 [F1122, 225A(1), 225C(10)(a) or 225F(6)(a)] if—

(a)F1123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it would be impossible to exercise the power without entering the land.

F1124(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land which is payable by the local planning authority under Part IV, section 186, [F1125Chapter 2 or 3 of Part VIII], section 250(1) or Part XI (other than section 279(2) or (3) or 280(1)(c)).

(6)Any person who is an officer of the Valuation Office or is duly authorised in writing by a local authority or Minister authorised to acquire land under section 226 or 228 or by a local authority who have power to acquire land under Part IX may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land or in connection with any claim for compensation in respect of any such acquisition.

(7)Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land in respect of which an order or notice has been made or served as mentioned in subsection (1)(c) for the purpose of ascertaining whether the order or notice has been complied with.

(8)Subject to section 325, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

(9)In subsections (1)(c) and (7) references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.

Textual Amendments

F1113S. 324(1)(a) substituted (28.9.2004 (E.), 15.10.2005 (W.)) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 13 (with s. 111); S.I. 2004/2202, art. 2 (subject to art. 4); S.I. 2005/2847, art. 2 (subject to art. 3)

F1114S. 324(1)(aa) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 21(2); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

F1117Words in s. 324(1)(c) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 11(2), 84(6), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2905, art.3, (subject to art. 5)

F1118Words in s. 324(1)(c) expressed to be inserted (2.1.1992) for "or Part VIII" by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(8)(b) (with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 5)

F1119S. 324(1A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 21(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

F1122Words in s. 324(3) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(3), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F1125Words in s. 324(5) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(8)(d), (with s.84(5))

Modifications etc. (not altering text)

C621S. 324: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C622S. 324(1)(a) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 66(7), Sch. 17 Pt. II para. 17(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 6(3), Sch. 5

C623S. 324(6) extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C624S. 324(8) applied (with modifications) (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 6(3)(4) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

325 Supplementary provisions as to rights of entry. E+W

(1)A person authorised under section 324 to enter any land—

(a)shall, if so required, produce evidence of his authority [F1126and state the purpose of his entry] before so entering, and

(b)shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.

(2)Any person who wilfully obstructs a person acting in the exercise of his powers under section 324 shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1127level 3] on the standard scale.

(3)If any person who, in compliance with the provisions of section 324, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in it as to any manufacturing process or trade secret, he shall be guilty of an offence.

(4)Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the [F1128land].

(5)A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(6)Where any [F1129damage is caused to land or chattels]—

(a)in the exercise of a right of entry conferred under section 324, or

(b)in the making of any survey for the purpose of which any such right of entry has been so conferred,

compensation [F1129may be recovered by any person suffering the damage] from the Secretary of State or authority on whose behalf the entry was effected.

(7)The provisions of section 118 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV.

(8)No person shall carry out under section 324 any works authorised by virtue of subsection (8) of that section unless notice of his intention to do so was included in the notice required by subsection (1).

(9)The authority of the appropriate Minister shall be required for the carrying out under that section of works so authorised if the land in question is held by statutory undertakers, and they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

Textual Amendments

F1126Words in s. 325(1)(a) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 50(2)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F1127Words in s. 325(2) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 50(3)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5)

F1128Word in s. 325(4) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 50(4)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5)

F1129Words in s. 325(6) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(3) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications etc. (not altering text)

C625S. 325 applied (with modifications) by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 88(7); applied (with modifications) (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 36(6); S.I. 1992/725, arts. 2, 3

C626S. 325: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C627S. 325(1)-(5)(8)(9) applied (with modifications) (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by 2003 c. 21, ss. 118, 411, Sch. 4 para. 6(3)(4) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

C628S. 325(9) applied (10.11.1993) by 1993 c. 28, s. 163(11); S.I. 1993/2762, art. 3

[F1130325ARights of entry: Crown landE+W

(1)Section 324 applies to Crown land subject to the following modifications.

(2)A person must not enter Crown land unless he has the relevant permission.

(3)Relevant permission is the permission of—

(a)a person appearing to the person seeking entry to the land to be entitled to give it, or

(b)the appropriate authority.

(4)In subsection (8) the words “Subject to section 325” must be ignored.

(5)Section 325 does not apply to anything done by virtue of this section.

(6)“Appropriate authority” must be construed in accordance with section 293(2).]

Textual Amendments

Miscellaneous and general provisionsE+W

F1131326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1132327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F1133327AApplications: compliance with requirementsE+W

(1)This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—

(a)the form or manner in which the application must be made;

(b)the form or content of any document or other matter which accompanies the application.

(2)The local planning authority must not entertain such an application if it fails to comply with the requirement.]

Textual Amendments

F1133S. 327A inserted (6.8.2004 for certain purposes, 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(5), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3 (with art. 4) (as amended by S.I. 2010/321, art. 3); S.I. 2007/1369, art. 2 (with art. 3) (as amended by S.I. 2010/321, art. 4)

328 Settled land and land of universities and colleges.E+W

(1)The purposes authorised for the application of capital money—

(a)by section 73 of the M166Settled Land Act 1925 F1134. . .; and

(b)by section 26 of the M167Universities and College Estates Act 1925,

shall include the payment of any sum recoverable under section 111, [F1135or 112].

(2)The purposes authorised as purposes for which money may be raised by mortgage—

(a)by section 71 of the Settled Land Act 1925 F1136. . .; and

(b)by section 30 of the Universities and College Estates Act 1925,

shall include the payment of any sum so recoverable.

Textual Amendments

F1134Words in s. 328(1)(a) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F1135Words in s. 328(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 37(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F1136Words in s. 328(2)(a) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Modifications etc. (not altering text)

C629S. 328: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

329 Service of notices. E+W

(1)Any notice or other document required or authorised to be served or given under this Act may be served or given either—

(a)by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b)by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or

(c)by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; or

[F1137(cc)in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (3A), to that person at that address (subject to subsection (3B)); or]

(d)in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2)Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a)it is addressed to him either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them) and is delivered or sent in the manner specified in subsection (1)(a), (b) or (c); or

(b)it is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as a communication of importance and—

(i)it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or

(ii)it is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

(3)Where—

(a)the notice or other document is required to be served on or given to all persons who have interests in or are occupiers of premises comprised in any land, and

(b)it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied,

the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.

[F1138(3A)The condition mentioned in subsection (1)(cc) is that the notice or other document shall be—

(a)capable of being accessed by the person mentioned in that provision;

(b)legible in all material respects; and

(c)in a form sufficiently permanent to be used for subsequent reference;

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(3B)Subsection (1)(cc) shall not apply to—

(a)service of a planning contravention notice;

(b)service of a copy of an enforcement notice by a local planning authority;

(c)giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;

(d)service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;

(e)service of an enforcement notice issued by the Secretary of State;

(f)service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;

(g)service of a stop notice by the Secretary of State;

(h)service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;

(i)giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with [F1139regulations under section 199] [F1139tree preservation regulations] ;

(j)service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;

(k)service of a notice under section 330 requiring information as to interests in land.]

F1140[(4)This section is without prejudice to section 233 of the M168Local Government Act 1972 (general provisions as to service of notices by local authorities).]

Textual Amendments

F1139Words in s. 329(3B)(i) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 18 (with s. 226); S.I. 2012/601, art. 2(a)

Modifications etc. (not altering text)

C630S. 329 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3

S. 329 applied (E.) (1.10.2006) by The Environmental Impact Assessment (Agriculture) (England) Regulations 2006 (S.I. 2006/2362), reg. 7(6)

S. 329 applied (E.) (10.10.2006) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (S.I. 2006/2362), regs. 1(2), 6(6)

C631S. 329: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C633S. 329(1)(2)(4) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(2)

Marginal Citations

[F1141329AService of notices on the CrownE+W

(1)Any notice or other document required under this Act to be served on the Crown must be served on the appropriate authority.

(2)Section 329 does not apply for the purposes of the service of such a notice or document.

(3)“Appropriate authority” must be construed in accordance with section 293(2).]

Textual Amendments

330 Power to require information as to interests in land.E+W

(1)For the purpose of enabling the Secretary of State or a local authority to make an order or issue or serve any notice or other document which, by any of the provisions of this Act, he or they are authorised or required to make, issue or serve, the Secretary of State or the local authority may by notice in writing require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to give in writing such information as to the matters mentioned in subsection (2) as may be so specified.

(2)Those matters are—

(a)the nature of the interest in the premises of the person on whom the notice is served;

(b)the name and [F1142postal] address of any other person known to him as having an interest in the premises;

(c)the purpose for which the premises are being used;

(d)the time when that use began;

(e)the name and [F1142postal] address of any person known to the person on whom the notice is served as having used the premises for that purpose;

(f)the time when any activities being carried out on the premises began.

(3)A notice under subsection (1) may require information to be given within 21 days after the date on which it is served, or such longer time as may be specified in it, or as the Secretary of State or, as the case may be, the local authority may allow.

(4)Any person who, without reasonable excuse, fails to comply with a notice served on him under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)Any person who, having been required by a notice under subsection (1) to give any information, knowingly makes any misstatement in respect of it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.

[F1143(6)This section shall have effect as if the references to a local authority included references to a National Park authority.]

Textual Amendments

Modifications etc. (not altering text)

C634S. 330 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3; power to apply (with modifications) conferred by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), s. 149(3)(b), Sch. 29 Pt. II para. 9 as substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13)

C635S. 330: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C636S. 330: functions of local authority may be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 3(1), Sch. 2 para. 16

C640S. 330 applied (with modifications) (1.7.2015) by The Ebbsfleet Development Corporation (Planning Functions) Order 2015 (S.I. 2015/748), arts. 1, 5 (with Sch.)

[F1144330AInformation as to interests in Crown landE+W

(1)This section applies to an interest in Crown land which is not a private interest.

(2)Section 330 does not apply to an interest to which this section applies.

(3)For a purpose mentioned in section 330(1) the Secretary of State may request the appropriate authority to give him such information as to the matters mentioned in section 330(2) as he specifies in the request.

(4)The appropriate authority must comply with a request under subsection (3) except to the extent—

(a)that the matter is not within the knowledge of the authority, or

(b)that to do so will disclose information as to any of the matters mentioned in section 321(4).

(5)Expressions used in this section and in Part 13 must be construed in accordance with that Part.]

Textual Amendments

331 Offences by corporations. E+W

(1)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against accordingly.

(2)In subsection (1) “director”, in relation to any body corporate—

(a)which was established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, and

(b)whose affairs are managed by its members,

means a member of that body corporate.

Modifications etc. (not altering text)

C641S. 331 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); excluded by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(2); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3

C642S. 331: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

S. 331 restricted (E.) (13.4.2001) by S.I. 2001/1478, art. 3(a)

332 Combined applications.E+W

(1)Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed, of—

(a)an application for planning permission in respect of any development; and

(b)an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

(2)Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.

(3)Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

(4)If an application required to be made to a local authority under an enactment specified in any such regulations is made in accordance with the provisions of the regulations, it shall be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

(5)Subsection (4) shall have effect without prejudice to—

(a)the validity of any application made in accordance with the enactment in question; or

(b)any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.

(6)In this section “application” includes a submission.

Modifications etc. (not altering text)

C643S. 332: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

333 Regulations and orders.E+W

(1)The Secretary of State may make regulations under this Act—

(a)for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by any local authority [F1145or National Park authority];

(b)for any purpose for which regulations are authorised or required to be made under this Act (other than a purpose for which regulations are authorised or required to be made by another Minister).

(2)Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

[F1146(2A)Regulations may make different provision for different purposes.]

(3)Any statutory instrument containing regulations made under this Act (except regulations under section 88 [F1147or paragraph 15(5) or 16 of Schedule 4B] and regulations which by virtue of this Act are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F1148(3A)No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F1149(3B)Subsection (3) does not apply to a statutory instrument containing regulations made by the Welsh Ministers.

(3C)A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3D)Subsection (3C) does not apply to a statutory instrument if—

(a)it contains only regulations under section 88(7),

(b)it contains (whether alone or with other provision) regulations under section 315, or

(c)it is within subsection (3F).

(3E)The Welsh Ministers may not make a statutory instrument within subsection (3F) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(3F)A statutory instrument is within this subsection if it contains (whether alone or with other provision) regulations under—

(a)section 9, if the regulations include provision amending an Act of Parliament or an Act or Measure of the National Assembly for Wales;

(b)section 62D(3);

(c)section 62H;

(d)section 116;

(e)section 303;

(f)section 303ZA;

(g)section 316, if the regulations relate to land of the Welsh Ministers or to the development of land by the Welsh Ministers;

(h)section 319ZB.]

(4)The power [F1150of the Secretary of State] to make development orders and orders under sections 2, [F11512A, 2F,] 28, 55(2)(f), [F115261A(5)] 87, [F1153106BA(14),] 149(3)(a) [F1154, 319 and 319A(9)] shall be exercisable by statutory instrument.

[F1155(4A)The power of the Welsh Ministers to make development orders and orders under sections 2(1B), 55(2)(f), 87(3), 149(3)(a), 293(1)(c) and 319B(9) is exercisable by statutory instrument.

(4B)A development order made by the Welsh Ministers may make different provision for different purposes, for different cases (including different classes of development) and for different areas.]

(5)Any statutory instrument—

(a)which contains an order under [F1156subsection (1) of] section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section; or

(b)which contains a development order [F1157made by the Secretary of State] or an order [F1158made by the Secretary of State] under section [F11592A, 2F,] 28, [F116061A(5) F1161...,] 87 or 149(3)(a),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F1162(5ZA)No order may be made under section 106BA(14) unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.]

[F1163(5A)No order may be made under section 319A(9) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.]

[F1164(5B)A statutory instrument containing any of the following is subject to annulment in pursuance of a resolution of the National Assembly for Wales—

(a)an order under subsection (1B) of section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section,

(b)a development order made by the Welsh Ministers, or

(c)an order under section 87(3) or 149(3)(a) made by the Welsh Ministers.

(5C)The Welsh Ministers may not make a statutory instrument containing an order under section 62L(9), 293(1)(c) or 319B(9) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.]

(6)Without prejudice to subsection (5) [F1165or (5B)], where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 17) the order shall not have effect until that provision is approved by a resolution of each House of Parliament [F1166(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers)].

(7)Without prejudice to section 14 of the M169Interpretation Act 1978, any power conferred by any of the provisions of this Act to make an order, shall include power to vary or revoke any such order by a subsequent order.

Subordinate Legislation Made

P7S. 333: power previously exercised by S.I. 1990/1562, 2032

P8S. 333(7): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536,

P9S. 333(7): s. 55(2)(f) (with s. 333(7)) power exercised by S.I. 1991/1567

Textual Amendments

F1145Words in s. 333(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(12) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F1146S. 333(2A) inserted (6.8.2004 for certain purposes, otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 14(2) (with s. 111); S.I. 2004/2097, art. 2

F1147Words in s. 333(3) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 22(2); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

F1148S. 333(3A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 22(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

F1149S. 333(3B)-(3F) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 3

F1150Words in s. 333(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(2)

F1152Word in s. 333(4) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(3)(a) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

F1154Words in s. 333(4) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 13(2) (with s. 226); S.I. 2009/400, art. 3

F1155S. 333(4A)(4B) substituted for s. 333(4A) (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(3)

F1156Words in s. 333(5)(a) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(4)(a)

F1157Words in s. 333(5)(b) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(4)(b)(i)

F1160Words in s. 333(5)(b) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(3)(b) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

F1161Words in s. 333(5)(b) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(4)(b)(iii)

F1163S. 333(5A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 13(3) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C644S. 333: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

334 Licensing planning areas.E+W

F1167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C645S. 334: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

335 Act not excluded by special enactments.E+W

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers imposed or conferred by it in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the 1947 Act, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

Modifications etc. (not altering text)

C646S. 335: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

336Interpretation.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—

[F1208(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.

[F1209(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 [F1210of Parts III, VII and VIII] include, except where the context otherwise requires, references to those provisions as modified under section 316 F1211. . ..

(10)In section 90, Chapter I of Part VI, and [F1212section] 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.

Textual Amendments

F1169Words 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

F1170Words 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

F1173Words 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)

F1174Definition 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)

F1175Definitions 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)

F1176S. 336(1): definition of "development consent" inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 37 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F1177Definitions 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

F1178S.336(1): definition of "development plan" substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 15 (with s. 111); S.I. 2004/2202, art. 2 (subject to transitional provisions and savings in art. 4) ; S.I. 2005/2847, art. 2 (subject to transitional provisions and savings in art. 3)

F1181Words 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)

F1182Paras.(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

F1183Words in para. (a) in the definition of "local authority" in s. 336(1) repealed (prosp.) by 1999 c. 29, ss. 325, 423, 425(2), Sch. 27 para. 66(a), Sch. 34 Pt. VII (with Sch. 12 para. 9(1))

F1184Words 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.)

F1186S. 336(1): words in definition of "local authority" substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 72(2); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

F1187S. 336(1): in the definition of "local authority" (ab) inserted (26.1.2009) by Planning Act 2008 (c. 29), ss. 201, 241(6) (with s. 226)

F1188Words in s. 336(1) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 72(3); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

F1190Words 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

F1191Word 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)

F1193Words 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

F1194Definition 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)

F1197Words 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

F1199Words in s. 336(1) inserted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F1200Definition 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

F1201Words in s. 336(1) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 13

F1203Words in s. 336(1) inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 19 (with s. 226); S.I. 2012/601, art. 2(a)

F1204Definition 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

F1212Words 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)

C647S. 336: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

337 Short title, commencement and extent.E+W

(1)This Act may be cited as the Town and Country Planning Act 1990.

(2)Except as provided in Part II and in Schedule 4 to the M189Planning (Consequential Provisions) Act 1990, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3)This Act extends to England and Wales only.

Marginal Citations