Town and Country Planning Act 1990

Publicity for applications E+W

[F1 65 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 [F2 an 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.

(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—

• [F3 “agricultural tenant”, in relation to any land, means any person who—

  (a)

  is the tenant, under a tenancy in relation to which the Agricultural Holdings Act 1986 applies, of an agricultural holding within the meaning of that Act any part of which is comprised in that land; or

  (b)

  is the tenant, under a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), of land any part of which is comprised in that land;]

• “owner” in relation to any land means any person who—

  (a)

  is the estate owner in respect of the fee simple;

  (b)

  is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or

  (c)

  in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,

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 M1 Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.

Textual Amendments

F1 S. 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

F2 Words in s. 65(2) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 35(2) (with s. 37)

F3 Definition 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)

C1 S. 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

C2 S. 65(6) extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 7(5) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65(6) extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(3) (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2765, art. 2

S. 65(6) extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 14 para. 6(3) (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2765, art. 2

Marginal Citations

M1 1980 c. 43.

[F4 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69 Registers of applications, etc. E+W

(1) Every local planning authority 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 to applications for planning permission F7 . . ..

(2) The register shall contain—

(a) information as to the manner in which such applications have been dealt with, and

(b) such information as may be prescribed by a development order with respect to simplified planning zone schemes relating to zones in the authority’s area.

(3) A development order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission F7 . . . as may be prescribed by the order.

(4) A development order may also make provision—

(a) for a specified part of the register to contain copies of applications and of any plans or drawings submitted with them; and

(b) for the entry relating to any application, and everything relating to it, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).

(5) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

Textual Amendments

F7 Words in s. 69(1)(3) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 13(a)(b), Sch. 19, Pt.I (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1, Sch.2 (subject to art. 5)

Modifications etc. (not altering text)

C3 S. 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

C4 S. 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