Town and Country Planning Act 1932

Powers as to matters not finally dealt with by Scheme.

14 Supplementary orders.

(1) There may be inserted in any scheme a provision empowering any responsible authority, or any local authority or county council concerned who are not a responsible authority, to make orders (in this Act referred to as " supplementary orders " ), or to adopt, with or without modifications, supplementary orders proposed by owners of land, for supplementing the provisions of the scheme, as respects any part of the area to which it applies, by adding to it provisions with respect to any matters for which provision may be made by a scheme and for varying it in so far as may be necessary or expedient.

(2) The provisions of this Act with respect to the approval of schemes by the Minister, the laying of schemes before Parliament, and the validity and date of operation of schemes shall apply in relation to a supplementary order, as if it were a scheme.

(3) A supplementary order may be revoked or varied by a subsequent supplementary order made by the same authority, but so long, and in so far, as it continues to be operative, shall be deemed to form part of the scheme to which it relates.

15 General development orders.

(1) The responsible authority may by an order (in this Act referred to as a " general development order") permit building operations to proceed, subject to such conditions as may be specified in the order, on any land as respects which the provisions of a scheme prohibit or restrict building operations pending the coming into operation of a general development

A general development order may be made with respect to the whole, or some part only, of the land which is subject to the prohibitions or restrictions and orders may be made from time to time so long as any part of that land remains so

A general development order shall require the approval of the Minister, and the Minister may approve any such order with or without modification.

(2) Without prejudice to the power of the responsible authority to make a general development order at any time, it shall be the duty of every responsible authority within a period of three months from the expiration of every third year after the coming into operation of the scheme to take into consideration the desirability of making such an order with respect to all land which remains subject to the prohibitions or restrictions.

(3) Any person aggrieved by the failure of the responsible authority to make, as respects any land in which he is interested, a general development order within the aforesaid period of three months may appeal to the Minister within two months after the expiration of such period of three months and the Minister on any such appeal may, if he thinks fit, make a general development order, and an order so made by him shall have effect as if it were an order made by the responsible authority and approved by the Minister.

(4) A general development order may be revoked or varied by a subsequent general development order made by the same authority, but so long and in so far as it continues to be operative shall be deemed to form part of the scheme to which it relates.

16 Power to permit building operations pending the coming into operation of a general development order.

(1) Where the provisions of a scheme prohibit or restrict building operations on any land pending the coming into operation of a general development order, a person, who, before such an order comes into operation with respect to that land, desires to commence thereon any building operations which would contravene any such temporary prohibition or restriction may, in accordance with such directions, if any, as may be contained in the scheme, apply to the responsible authority for their consent to the carrying out of the operations specified in the application.

(2) The responsible authority shall, in deciding any such application, have regard to any injury likely to be caused to the applicant by the refusal of the application, as well as to any public advantage likely to result from the maintenance of the prohibition or restriction, pending the coming into operation of a general development order, and may, if they are satisfied that the proposed operations will not contravene any permanent provisions of the scheme, grant the application unconditionally, or subject to such conditions as they think proper to impose :

Provided that, where the authority have power under this subsection to grant an application, they shall not refuse that application unless they are satisfied that other land suitable for such building operations as are specified in the application is available on reasonable terms and either—

(a) that the operations would involve danger or injury to health by reason of the lack of roads, sewers, water supply or any public services and that the provision of the necessary services would be premature, or likely to involve excessive expenditure of public money; or

(b) that the operations would be likely seriously to injure the amenity of the locality.

(3) Any person aggrieved by the refusal of any such application as aforesaid, or by any conditions imposed by the responsible authority, may within twenty-eight days from the date on which he received notice of the decision of the authority or such longer period as the Minister may allow, appeal to the Minister, and the Minister may dismiss or allow the appeal, either unconditionally, or subject to such conditions as he thinks proper to impose.

The decision of the Minister on an appeal under this subsection shall be final and shall have effect as if it were a decision of the authority.