Town and Country Planning Act 1990

121 Planning decisions not ranking for compensation. E+W

(1) Compensation under this Part shall not be payable—

(a) in respect of the refusal of planning permission for any development which consists of or includes the making of any material change in the use of any buildings or other land; or

(b) in respect of any decision made on an application in pursuance of regulations under section 220 for consent to the display of advertisements.

(2) Compensation under this Part shall not be payable in respect of the imposition, on the granting of planning permission to develop land, of any condition relating to—

(a) the number or disposition of buildings on any land;

(b) the dimensions, design, structure or external appearance of any building, or the materials to be used in its construction;

(c) the manner in which any land is to be laid out for the purposes of the development, including the provision of facilities for the parking, loading, unloading or fuelling of vehicles on the land;

(d) the use of any buildings or other land; or

(e) the location or design of any means of access to a highway or the materials to be used in the construction of any such means of access,

or in respect of any condition subject to which permission is granted for the winning and working of minerals.

(3) In subsection (2) “means of access to a highway” does not include a service road.

(4) Compensation under this Part shall not be payable in respect of the application to any planning permission of any of the conditions referred to in sections 91 and 92.

(5) Subject to subsection (6), compensation under this Part shall not be payable in respect of the refusal of permission to develop land, if the reason or one of the reasons stated for the refusal is that development of the kind proposed would be premature by reference to either or both of the following matters, that is to say—

(a) the order of priority (if any) indicated in the development plan for the area in which the land is situated for development in that area;

(b) any existing deficiency in the provision of water supplies or sewerage services, and the period within which any such deficiency may reasonably be expected to be made good.

(6) Subsection (5) shall not apply if—

(a) the reason or one of the reasons stated as mentioned in that subsection is that the development would be premature by reference to the matters mentioned in paragraph (a) of that subsection, and

(b) the planning decision refusing the permission is made on an application made more than seven years after the date of a previous planning decision by which permission to develop the same land was refused for the same reason, or for reasons which included the same reason.

(7) Compensation under this Part shall not be payable in respect of the refusal of permission to develop land if the reason or one of the reasons stated for the refusal is that the land is unsuitable for the proposed development on account of its liability to flooding or to subsidence.

(8) For the purposes of this section, a planning decision by which permission to develop land is granted subject to a condition prohibiting development on a specified part of that land shall be treated as a decision refusing the permission with respect to that part.