- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/11/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/09/2015
Point in time view as at 01/11/2007.
Town and Country Planning Act 1990, Cross Heading: Application of Act in special cases is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In relation to development consisting of the winning and working of minerals [F1or 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) F2. . ., 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; F3. . .
F3(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
F1Words in s. 315(1) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(2)-(4), Sch. 1 para. 11 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
F2Words in s. 315(2) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 32, Sch. 19, Pt. II (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
F3S. 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
(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 anything in section 101 of the M1Local 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 such land, or for such development, 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 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; 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.]
Textual Amendments
F4S. 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
Modifications etc. (not altering text)
C1S. 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
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
F5S. 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
Textual Amendments
F6S. 317 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
(1)Without prejudice to the provisions of the M2Acquisition 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 [F7Diocesan Board of Finance for the diocese in which the land is situated].
(2)[F8Where 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 [F9it] shall be treated as being vested in the [F10Diocesan Board of Finance for the diocese in which the land is situated];
(b)in any case, [F9it] shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the [F10Diocesan 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 [F11shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated], and shall F12. . . be applied by [F13it] 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 [F14Diocesan Board of Finance for the diocese in which the land is situated], and
(b)shall be applied by [F13it] for the purposes mentioned in subsection [F15(3)].
(5)Where any sum is recoverable under section 111, [F16or 112] in respect of any such land, the [F17Diocesan Board of Finance for the diocese in which the land is situated] may apply any money or securities held by [F13it] in the payment of that sum.
(6)In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice [F18of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F19of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F20. . . .
Textual Amendments
F7Words in s. 318(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F8Words in s. 318(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(b); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F9Word in s. 318(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(b); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F10Words in s. 318(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F11Words in s. 318(3) substituted for s. 318(3)(a)(b) (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(c); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F12Words in s. 318(3)(b) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(c); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F13Word in s. 318(3)(4)(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(d); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F14Words in s. 318(4) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F15Word in s. 318(4)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. II para. 30(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
F16Words 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)
F17Words in s. 318(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F18Words in s. 318(6) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F19Words in s. 318(6) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
F20Words in s. 318(6) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
Modifications etc. (not altering text)
C2S. 318(1)(3)(6) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(1)
Marginal Citations
(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
F21S. 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))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys