Town and Country Planning Act 1990
Part I Planning Authorities
1 Local planning authorities: general.
2 Joint planning boards.
2AThe Mayor of London: applications of potential strategic importance
2BSection 2A: supplementary provisions
2CMatters reserved for subsequent approval
2DFurther provision about orders under section 2A
2ESection 2A and planning obligations under section 106
2FRepresentation hearings
3 Joint planning committee for Greater London.
4 Planning Authorities
4A National Parks with National Park authorities.
5 The Broads.
6 Enterprise zones.
7 Urban development areas.
7AMayoral development areas
8 Housing action areas.
8A The Homes and Communities Agency.
9 Power to make consequential and supplementary provision about authorities.
Part II
Chapter I Unitary Development Plans: Metropolitan Areas including London
Preliminary
10 Application of Chapter I to Greater London and metropolitan counties.
10A Application of Chapter I in relation to Wales.
Surveys etc.
11 Survey of planning areas.
Preparation and adoption of unitary development plans
12 Preparation of unitary development plan.
12A Urban development corporations.
13 Public participation.
14 Withdrawal of unitary development plan.
15 Adoption of unitary development plan by local planning authority.
16 Local inquiries.
Secretary of State’s powers concerning plans
17 Direction to reconsider proposals.
18 Calling in of unitary development plan for approval by Secretary of State.
19 Approval of unitary development plan by Secretary of State.
20 Local inquiry, public examination and consultation by Secretary of State.
Alteration of plans
21 Alteration or replacement of unitary development plan.
22 Short procedure for certain alterations and replacements.
Greater London: conformity with spatial development strategy
21A “Greater London: conformity with spatial development strategy.
Joint plans
23 Joint unitary development plans.
23A Joint unitary development plans: Wales.
23B Unitary development plans for National Parks in Wales.
23C Joint unitary development plans for National Parks in Wales.
Supplementary
24 Disregard of certain representations.
25 Default powers.
26 Regulations and directions.
27 Meaning of “development plan” in Greater London and metropolitan counties.
27A Meaning of “development plan” in relation to Wales.
28 Commencement of Chapter I: transitional provisions.
28A Application of Chapter I in relation to Wales: transitional provisions.
Chapter II Structure and Local Plans: Non-Metropolitan Areas
Preliminary
29 Application of Chapter II to non-metropolitan areas in England.
Surveys, etc.
30 Survey of planning areas.
Structure plans
31 Structure plans: continuity, form and content.
32 Alteration and replacement of structure plans.
33Public participation.
34Withdrawal of proposals for alteration and replacement of structure plans.
35Adoption of proposals.
35ACalling in of proposals for approval by Secretary of State.
35B Examination in public.
35CDuties to notify authorities responsible for local plans
Local plans
36Local plans.
37Minerals local plans.
38 Waste policies.
39Alteration and replacement of local plans.
40Public participation.
41 Powers of Secretary of State to secure adequate publicity and consultation.
42 Objections: local inquiry or other hearing.
43 Adoption of proposals.
44 Calling in of proposals for approval by Secretary of State.
45 Approval of proposals by Secretary of State.
Conformity between plans
46 Conformity between plans.
47 Alteration of structure plan.
48 Local plan to prevail in cases of conflict with structure plan.
Supplementary
49 Disregarding of representations with respect to development authorised by or under other enactments.
50 Joint structure and local plans.
51 Default powers.
51A Urban development corporations.
52 Reviews of plans in enterprise zones.
53 Supplementary provisions as to structure and local plans.
54 Meaning of “development plan” outside Greater London and the metropolitan counties.
Chapter III General
54A Status of development plans.
Part III Control over development
Meaning of development
55 Meaning of “development” and “new development”.
56 Time when development begun.
Requirement for planning permission
57 Planning permission required for development.
58 Granting of planning permission: general.
Development orders
59 Development orders: general.
60 Permission granted by development order.
61 Development orders: supplementary provisions.
Local development orders
61ALocal development orders
61BIntervention by Secretary of State or National Assembly
61CPermission granted by local development order
61DEffect of revision or revocation of development order on incomplete development
Mayoral development orders
61DAMayoral development orders
61DBPermission granted by Mayoral development order
61DCPreparation and making of Mayoral development order
61DDRevision or revocation of Mayoral development order
61DEEffect of revision or revocation on incomplete development
Neighbourhood development orders
61ENeighbourhood development orders
61FAuthorisation to act in relation to neighbourhood areas
61GMeaning of “neighbourhood area”
61HNeighbourhood areas designated as business areas
61INeighbourhood areas in areas of two or more local planning authorities
61JProvision that may be made by neighbourhood development order
61KMeaning of “excluded development”
61LPermission granted by neighbourhood development orders
61MRevocation or modification of neighbourhood development orders
61NLegal challenges in relation to neighbourhood development orders
61OGuidance
61PProvision as to the making of certain decisions by local planning authorities
61QCommunity right to build orders
Consultation before applying for planning permission
61WRequirement to carry out pre-application consultation
61XDuty to take account of responses to consultation
61YPower to make supplementary provision
Applications for planning permission
62Applications for planning permission.
62AWhen application may be made directly to Secretary of State
62BDesignation for the purposes of section 62A
62CNotifying parish councils of applications under section 62A(1)
63 Control over development
64 Control over development
Publicity for applications
65Notice etc. of applications for planning permission.
66Notification of applications to owners and agricultural tenants.
67 Notification of applications for planning permission for mineral working.
68Further provisions as to certificates under sections 65 to 67.
69Register of applications etc
Determination of applications
70 Determination of applications: general considerations.
70APower to decline to determine subsequent application.
70BPower to decline to determine overlapping application
70CPower to decline to determine retrospective application
71Consultations in connection with determinations under s. 70.
71AAssessment of environmental effects.
72 Conditional grant of planning permission.
73 Determination of applications to develop land without compliance with conditions previously attached.
73A Planning permission for development already carried out.
74Directions etc. as to method of dealing with applications.
74ADeemed discharge of planning conditions
75 Effect of planning permission.
76 Duty to draw attention to certain provisions for benefit of disabled.
Secretary of State’s powers as respects planning applications and decisions
76AMajor infrastructure projects
76BMajor infrastructure projects: inspectors
76CProvisions applying to applications made under section 62A
76DDeciding applications made under section 62A
76EApplications under section 62A: determination by Secretary of State
77 Reference of applications to Secretary of State.
78 Right to appeal against planning decisions and failure to take such decisions.
78AAppeal made: functions of local planning authorities
79 Determination of appeals.
80 Control over development
81 Control over development
Simplified planning zones
82 Simplified planning zones.
83 Making of simplified planning zone schemes.
84 Simplified planning zone schemes: conditions and limitations on planning permission.
85 Duration of simplified planning zone scheme.
86 Alteration of simplified planning zone scheme.
87 Exclusion of certain descriptions of land or development.
Enterprise zone schemes
88 Planning permission for development in enterprise zones.
89 Effect on planning permission of modification or termination of scheme.
Deemed planning permission
90 Development with government authorisation.
Duration of planning permission
91 General condition limiting duration of planning permission.
92 Outline planning permission.
93 Provisions supplementary to ss. 91 and 92.
94 Termination of planning permission by reference to time limit: completion notices.
95 Effect of completion notice.
96 Power of Secretary of State to serve completion notices.
Non-material changes to planning permission
96APower to make non-material changes to planning permission
Revocation and modification of planning permission
97 Power to revoke or modify planning permission.
98 Procedure for s. 97 orders: opposed cases.
99 Procedure for s. 97 orders: unopposed cases.
100 Revocation and modification of planning permission by the Secretary of State.
References to Planning Inquiry Commission
101 Power to refer certain planning questions to Planning Inquiry Commission.
Other controls over development
102 Orders requiring discontinuance of use or alteration or removal of buildings or works.
103 Confirmation by Secretary of State of s. 102 orders.
104 Power of the Secretary of State to make s. 102 orders.
105 Control over development
106 Planning obligations.
106A Modification and discharge of planning obligations.
106BAppeals in relation to applications under section 106A.
106BAModification or discharge of affordable housing requirements
106BBDuty to notify the Mayor of London of certain applications under section 106BA
106BCAppeals in relation to applications under section 106BA
106CLegal challenges relating to development consent obligations
Part IV Compensation for Effects of Certain Orders, Notices, etc.
Compensation for revocation of planning permission, etc.
107 Compensation where planning permission revoked or modified.
108 Compensation for refusal or conditional grant of planning permission formerly granted by development order , local development order or neighbourhood development order.
109 Apportionment of compensation for depreciation.
110 Registration of compensation for depreciation.
111 Recovery of compensation under s. 107 on subsequent development.
112 Amount recoverable under s. 111 and provisions for payment or remission of it.
113 Contribution by Secretary of State towards compensation in certain cases.
Compensation for other planning decisions
114 Compensation for planning decisions restricting development other than new development.
115 Compensation in respect of orders under s. 102, etc.
116 Modification of compensation provisions in respect of mineral working etc.
General and supplemental provisions
117 General provisions as to compensation for depreciation under Part IV.
118 Determination of claims for compensation.
Part V
Preliminary
119 Scope of Part V.
Right to compensation
120 Right to compensation: general principles.
121 Planning decisions not ranking for compensation.
122 No compensation if certain other development permitted.
123 Further exclusions from compensation.
124 Grant of planning permission treated as subject to notional condition.
Amount of compensation
125 General provisions as to amount of compensation.
126 Assessment of depreciation.
Claims for and payment of compensation
127 General provisions as to claims for compensation.
128 Effect on claims of direction under s. 80.
129 Determination of claims.
130 Payment of compensation.
Recovery of compensation
131 Apportionment of compensation.
132 Registration of compensation.
133 Recovery of compensation on subsequent development.
134 Amount recoverable and provisions for payment or remission of it.
Supplementary provisions
135 Mortgages, rent-charges and settlements.
136 Calculation of value.
Part VI Rights of owners etc. to require purchase of interests
Chapter I Interests affected by planning decisions or orders
Service of purchase notices
137 Circumstances in which purchase notices may be served.
137APurchase notices: Crown land
138 Circumstances in which land incapable of reasonably beneficial use.
Duties of authorities on service of purchase notice
139 Action by council on whom purchase notice is served.
140 Procedure on reference of purchase notice to Secretary of State.
141 Action by Secretary of State in relation to purchase notice.
142 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
143 Effect of Secretary of State’s action in relation to purchase notice.
Compensation
144 Special provisions as to compensation where purchase notice served.
Special provisions for requiring purchase of whole of partially affected agricultural unit
145 Counter-notice requiring purchase of remainder of agricultural unit.
146 Effect of counter-notice under s. 145.
147 Provisions supplemental to ss. 145 and 146.
Supplemental
147A Application of Chapter I to National Parks.
148 Interpretation of Chapter I.
Chapter II Interests Affected by Planning Proposals: Blight
Preliminary
149 Scope of Chapter II.
Blight notices
150 Notices requiring purchase of blighted land.
151 Counter-notices objecting to blight notices.
152 Further counter-notices where certain proposals have come into force.
153 Reference of objection to Upper Tribunal: general.
154 Effect of valid blight notice.
155 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
156 Withdrawal of blight notice.
Compensation
157 Special provisions as to compensation for acquisitions in pursuance of blight notices.
Special provisions for requiring purchase of whole of partially affected agricultural unit
158 Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.
159 Objections to s. 158 notices.
160 Effect of notices served by virtue of s. 158.
Personal representatives, mortgagees and partnerships
161 Powers of personal representatives in respect of blight notice.
162 Power of mortgagees to serve blight notice.
163 Prohibition on service of simultaneous notices under ss. 150, 161 and 162.
164 Special provisions as to partnerships.
Miscellaneous and supplementary provisions
165 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
165ZAPower of Greater London Authority to acquire land affected by designation of Mayoral development area where blight notice served
165APower of Secretary of State to acquire land identified in national policy statements where blight notice served
166 Saving for claimant’s right to sell whole hereditament, etc.
167 No withdrawal of constructive notice to treat.
168 Meaning of “owner-occupier” and “resident owner-occupier”.
169“Appropriate authority” for purposes of Chapter II.
170“Appropriate enactment” for purposes of Chapter II.
171 General interpretation of Chapter II.
Part VII Enforcement
Introductory
171A Expressions used in connection with enforcement.
171B Time limits.
171BATime limits in cases involving concealment
171BBPlanning enforcement orders: procedure
171BCMaking a planning enforcement order
Planning contravention notices
171C Power to require information about activities on land.
171D Penalties for non-compliance with planning contravention notice.
Temporary stop notices
171ETemporary stop notice
171FTemporary stop notice: restrictions
171GTemporary stop notice: offences
171HTemporary stop notice: compensation
Enforcement notices
172 Issue of enforcement notice.
172AAssurance as regards prosecution for person served with notice
173Contents and effect of notice.
173AVariation and withdrawal of enforcement notices.
174 Appeal against enforcement notice.
175 Appeals: supplementary provisions.
176 General provisions relating to determination of appeals.
177 Grant or modification of planning permission on appeals against enforcement notices.
178 Execution and cost of works required by enforcement notice.
179 Offence where enforcement notice not complied with.
180 Effect of planning permission, etc., on enforcement or breach of condition notice.
181 Enforcement notice to have effect against subsequent development.
182 Enforcement by the Secretary of State.
Stop notices
183 Stop notices.
184 Stop notices: supplementary provisions.
185 Service of stop notices by Secretary of State.
186 Compensation for loss due to stop notice.
187 Penalties for contravention of stop notice.
Breach of condition
187A Enforcement of conditions.
Injunctions
187B Injunctions restraining breaches of planning control.
Registers
188 Register of enforcement and stop notices and other enforcement action .
Enforcement of orders for discontinuance of use, etc.
189 Penalties for contravention of orders under s. 102 and Schedule 9.
190 Enforcement of orders under s. 102 and Schedule 9.
Certificate of lawful use or development
191 Certificate of lawfulness of existing use or development.
192 Certificate of lawfulness of proposed use or development.
193 Certificates under sections 191 and 192: supplementary provisions.
194 Offences.
195 Appeals against refusal or failure to give decision on application.
196 Further provisions as to references and appeals to the Secretary of State.
Rights of entry for enforcement purposes
196A Rights to enter without warrant.
196B Right to enter under warrant.
196C Rights of entry: supplementary provisions.
Conservation areas
196DOffence of failing to obtain planning permission for demolition of unlisted etc buildings in conservation areas in England
Part VIII Special Controls
Chapter I Trees
General duty of planning authorities as respects trees
197 Planning permission to include appropriate provision for preservation and planting of trees.
Tree preservation orders
198 Power to make tree preservation orders.
199 Form of and procedure applicable to orders.
200Tree preservation orders: Forestry Commissioners and Natural Resources Body for Wales
201 Provisional tree preservation orders.
202 Power for Secretary of State to make tree preservation orders.
202ATree preservation regulations: general
202BTree preservation regulations: making of tree preservation orders
202CTree preservation regulations: prohibited activities
202DTree preservation regulations: consent for prohibited activities
202ETree preservation regulations: compensation
202FTree preservation regulations: registers
202GTree preservation regulations: supplementary
Compensation for loss or damage caused by orders, etc.
203 Compensation in respect of tree preservation orders.
204 Compensation in respect of requirement as to replanting of trees.
205 Determination of compensation claims.
Consequences of tree removal, etc.
206 Replacement of trees.
207 Enforcement of duties as to replacement of trees.
208 Appeals against s. 207 notices.
209 Execution and cost of works required by s. 207 notice.
210 Penalties for non-compliance with tree preservation regulations .
Trees in conservation areas
211 Preservation of trees in conservation areas.
212 Power to disapply s. 211.
213 Enforcement of controls as respects trees in conservation areas.
214 Registers of s. 211 notices.
Injunctions
214AInjunctions.
Rights of entry
214BRights to enter without warrant.
214CRight to enter under warrant.
214DRights of entry: supplementary provisions.
Chapter II Land Adversely Affecting Amenity of Neighbourhood
215 Power to require proper maintenance of land.
216 Penalty for non-compliance with s. 215 notice.
217 Appeal to magistrates’ court against s. 215 notice.
218 Further appeal to the Crown Court.
219 Execution and cost of works required by s. 215 notice.
Chapter III Advertisements
Advertisement regulations
220 Regulations controlling display of advertisements.
221 Power to make different advertisement regulations for different areas.
222 Planning permission not needed for advertisements complying with regulations.
Repayment of expense of removing prohibited advertisements
223 Repayment of expense of removing prohibited advertisements.
Enforcement of control over advertisements
224 Enforcement of control as to advertisements.
225 Power to remove or obliterate placards and posters.
225APower to remove structures used for unauthorised display
225BAppeal against notice under section 225A
225CRemedying persistent problems with unauthorised advertisements
225DRight to appeal against notice under section 225C
225EApplying section 225C to statutory undertakers' operational land
CHAPTER 4Remedying defacement of premises
225FPower to remedy defacement of premises
225GNotices under section 225F in respect of post boxes
225HSection 225F powers as respects bus shelters and other street furniture
225IRight to appeal against notice under section 225F
225JRemedying defacement at owner or occupier's request
CHAPTER 5Application of provisions of Chapters 3 and 4 to statutory undertakers
225KAction under sections 225A, 225C and 225F: operational land
Part IX Acquisition and Appropriation of Land for Planning Purposes, etc.
Acquisition for planning and public purposes
226 Compulsory acquisition of land for development and other planning purposes.
227 Acquisition of land by agreement.
228 Compulsory acquisition of land by the Secretary of State for Communities and Local Government.
229 Appropriation of land forming part of common, etc.
230 Acquisition of land for purposes of exchange.
231 Power of Secretary of State to require acquisition or development of land.
Appropriation, disposal and development of land held for planning purposes, etc.
232 Appropriation of land held for planning purposes.
233 Disposal by local authorities of land held for planning purposes.
234 Disposal by Secretary of State of land acquired under s. 228.
235 Development of land held for planning purposes.
Extinguishment of certain rights affecting acquired or appropriated land
236 Extinguishment of rights over land compulsorily acquired.
237 Power to override easements and other rights.
238 Use and development of consecrated land.
239 Use and development of burial grounds.
240 Provisions supplemental to ss. 238 and 239.
241 Use and development of open spaces.
242 Overriding of rights of possession.
Constitution of joint body to hold land for planning purposes
243 Constitution of joint body to hold land for planning purposes.
General and supplementary provisions
244 Powers of joint planning boards under Part IX.
244A Powers of National Park authorities under Part IX.
245 Modification of incorporated enactments for purposes of this Part.
246 Interpretation of Part IX.
Part X Highways
Orders made by Secretary of State
247 Highways affected by development: orders by Secretary of State.
248 Highways crossing or entering route of proposed new highway, etc.
249 Order extinguishing right to use vehicles on highway.
250 Compensation for orders under s. 249.
251 Extinguishment of public rights of way over land held for planning purposes.
252 Procedure for making of orders.
253 Procedure in anticipation of planning permission.
254 Compulsory acquisition of land in connection with highways.
255 Concurrent proceedings in connection with highways.
256 Telecommunication apparatus: orders by Secretary of State.
Orders by other authorities
257 Footpaths , bridleways and restricted byways affected by development: orders by other authorities.
258 Extinguishment of public rights of way over land held for planning purposes.
259 Confirmation of orders made by other authorities.
260 Telecommunication apparatus: orders by or on application of other authorities.
Temporary highway orders: mineral workings
261 Temporary stopping up of highways for mineral workings.
Part XI Statutory Undertakers
Preliminary
262 Meaning of “statutory undertakers”.
263 Meaning of “operational land”.
264 Cases in which land is to be treated as not being operational land.
265 Meaning of “the appropriate Minister”.
Application of Part III to statutory undertakers
266 Applications for planning permission by statutory undertakers.
267 Conditional grants of planning permission.
268 Development requiring authorisation of government department.
269 Revocation or modification of permission to develop operational land.
270 Order requiring discontinuance of use etc. of operational land.
Extinguishment of rights of statutory undertakers, etc.
271 Extinguishment of rights of statutory undertakers: preliminary notices.
272 Extinguishment of rights of telecommunications code system operators: preliminary notices.
273 Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority.
274 Orders under ss. 271 and 272.
Extension or modification of statutory undertakers’ functions
275 Extension or modification of functions of statutory undertakers.
276 Procedure in relation to orders under s. 275.
277 Relief of statutory undertakers from obligations rendered impracticable.
278 Objections to orders under ss. 275 and 277.
Compensation
279 Right to compensation in respect of certain decisions and orders.
280 Measure of compensation to statutory undertakers, etc.
281 Exclusion of s. 280 at option of statutory undertakers.
282 Procedure for assessing compensation.
Advertisements
283 Display of advertisements on operational land.
Part XII Validity
284 Validity of development plans and certain orders, decisions and directions.
285 Validity of enforcement notices and similar notices.
286 Challenges to validity on ground of authority’s powers.
287 Proceedings for questioning validity of development plans and certain schemes and orders.
288 Proceedings for questioning the validity of other orders, decisions and directions.
289 Appeals to High Court relating to enforcement notices and notices under s. 207.
290 Appeals to High Court against decisions under s. 64.
291 Special provisions as to decisions relating to statutory undertakers.
292 Special provisions as to orders subject to special parliamentary procedure.
Part XIII Application of Act to Crown Land
Preliminary
292AApplication to the Crown
293 Preliminary definitions.
Application of Act as respects Crown land
293AUrgent Crown development: application
294 Control of development on Crown land: special enforcement notices.
295 Supplementary provisions as to special enforcement notices.
296 Exercise of powers in relation to Crown land.
296AEnforcement in relation to the Crown
296BReferences to an interest in land
297 Agreements relating to Crown land.
298 Supplementary provisions as to Crown and Duchy interests.
298AApplications for planning permission by Crown
Provisions relating to anticipated disposal of Crown land
299 Application for planning permission etc. in anticipation of disposal of Crown land.
299A Crown planning obligations.
300 Tree preservation orders in anticipation of disposal of Crown land.
301 Requirement of planning permission for continuance of use instituted by the Crown.
Enforcement in respect of war-time breaches of planning control by Crown
302 Enforcement in respect of war-time breaches of planning control by the Crown.
Part XIV Financial Provisions
303Fees for planning applications etc.
303ZAFees for appeals
303A Responsibility of local planning authorities for costs of holding certain inquiries etc.
304 Grants for research and education.
304AGrants for advice and assistance
305 Contributions by Ministers towards compensation paid by local authorities.
306 Contributions by local authorities and statutory undertakers.
307 Assistance for acquisition of property where objection made to blight notice in certain cases.
308 Recovery from acquiring authorities of sums paid by way of compensation.
309 Recovery from acquiring authorities of sums paid in respect of war-damaged land.
310 Sums recoverable from acquiring authorities reckonable for purposes of grant.
311 Expenses of government departments.
312 Payments under s. 59 of 1947 Act and Parts I and V of 1954 Act.
313 General provision as to receipts of Secretary of State.
314 Expenses of county councils.
Part XV Miscellaneous and General Provisions
Application of Act in special cases
315 Power to modify Act in relation to minerals.
316 Land of interested planning authorities and development by them.
316A Local planning authorities as statutory undertakers.
317 The British Coal Corporation.
318Ecclesiastical property.
319The Isles of Scilly.
Determination of procedure
319ADetermination of procedure for certain proceedings: England
319BDetermination of procedure for certain proceedings: Wales
Local inquiries and other hearings
320 Local inquiries.
321 Planning inquiries to be held in public subject to certain exceptions.
321AAppointed representative: no inquiry
321BSpecial provision in relation to planning inquiries: Wales
322 Orders as to costs of parties where no local inquiry held.
322A Orders as to costs: supplementary.
322B Local inquiries in London: special provision as to costs in certain cases.
323 Procedure on certain appeals and applications.
Rights of entry
324 Rights of entry.
325 Supplementary provisions as to rights of entry.
325ARights of entry: Crown land
Miscellaneous and general provisions
326 Assumptions as to planning permission in determining value of interests in land.
327 Recovery on subsequent development of payments in respect of war-damaged land.
327AApplications: compliance with requirements
328 Settled land and land of universities and colleges.
329 Service of notices.
329AService of notices on the Crown
330 Power to require information as to interests in land.
330AInformation as to interests in Crown land
331 Offences by corporations.
332 Combined applications.
333 Regulations and orders.
334 Licensing planning areas.
335 Act not excluded by special enactments.
336Interpretation.
337 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Local Planning Authorities: Distribution of Functions
Preliminary
1(1) In this Schedule “county matter” means in relation to...
Development plans
2 Local Planning Authorities: Distribution of Functions
Planning and special control
3(1) The functions of a local planning authority of determining—...
4 Local Planning Authorities: Distribution of Functions
5(1) The Secretary of State may include in a development...
6(1) A development order may also include provision requiring a...
6A(1) This paragraph applies to the functions of local planning...
7(1) A local planning authority must not determine an application...
8(1) A local planning authority who have the function of...
9(1) The functions of local planning authorities under the provisions...
10Elsewhere than in a National Park, the functions of a...
11(1) The functions of a local planning authority of—
12In sections 178(1), 181(4)(b) and 190(2) to (5) any reference...
12AThe functions of a local planning authority under section 187B...
13(1) In the case of any area for which there...
14The functions of local planning authorities under sections 69, 211,...
15(1) The copy of the notice required to be served...
Compensation
16(1) Claims for payment of compensation under section 107 (including...
17Claims for payment of compensation under a tree preservation order...
18The local planning authority by whom compensation is to be...
The Crown
19(1) Elsewhere than in a metropolitan county or a National...
Miscellaneous
20(1) The local planning authority whom the Secretary of State...
21(1) Subject to sub-paragraph (2), the provisions of this Schedule...
SCHEDULE 1A Distribution of Local Planning Authority Functions: Wales
1(1) Where a local planning authority are not the local...
2(1) A local planning authority who have the function of...
3Paragraphs 4 to 10 apply only in relation to any...
4In sections 178(1), 181(4)(b) and 190(2), (3) and (5) any...
5The functions of a local planning authority under section 187B...
6Where a local planning authority have made a tree preservation...
7(1) The copy of the notice required to be served...
Compensation
8(1) Claims for payment of compensation under section 107 (including...
9Claims for payment of compensation under a tree preservation order...
10The local planning authority by whom compensation is to be...
Miscellaneous
11In relation to land in the area of a joint...
SCHEDULE 2 Development Plans: Transitional Provisions
Part I The Metropolitan Counties
Publicity in connection with local plan
5 Development Plans: Transitional Provisions
Pending proposals by metropolitan county council
6 Development Plans: Transitional Provisions
Part IA Wales
Continuation of structure, local and old development plans
1(1) Every existing plan which relates to any part of...
Revocation of structure plan
2(1) Where under Chapter I of Part II of this...
Incorporation of current policy in unitary development plan
3(1) This paragraph applies where— (a) a unitary development plan...
Meaning of ”local plan”
4In this Part of this Schedule, “ local plan ”...
Part II Greater London
Surveys and local plans
5 Development Plans: Transitional Provisions
6 Development Plans: Transitional Provisions
7 Development Plans: Transitional Provisions
8 Development Plans: Transitional Provisions
9 Development Plans: Transitional Provisions
10 Development Plans: Transitional Provisions
11 Development Plans: Transitional Provisions
12 Development Plans: Transitional Provisions
Joint plans
13 Development Plans: Transitional Provisions
14 Development Plans: Transitional Provisions
15 Development Plans: Transitional Provisions
16 Development Plans: Transitional Provisions
Incorporation of current local plan in unitary development plan
17(1) Sub-paragraph (2) applies where— (a) a local plan is...
Publicity in connection with local plan
18 Development Plans: Transitional Provisions
Part III Old Development Plans
Development plans for compensation purposes
5Where there is no local plan in force in a...
Discontinuance of old development plan on adoption of local plan
6Subject to paragraph 8, on the adoption or approval of...
7The Secretary of State may by order direct that any...
8If the Secretary of State makes an order under paragraph...
9Subject to paragraph 10, the Secretary of State may by...
10Before making an order with respect to a development plan...
SCHEDULE 3 Development Not Constituting New Development
Part I Development Not Ranking For Compensation Under s. 114
1The carrying out of— (a) the rebuilding, as often as...
2The use as two or more separate dwellinghouses of any...
Part II Development ranking for compensation under s. 114
3 Development Not Constituting New Development
4 Development Not Constituting New Development
5 Development Not Constituting New Development
6 Development Not Constituting New Development
7 Development Not Constituting New Development
8 Development Not Constituting New Development
Part III Supplementary Provisions
9Where after 1st July 1948— (a) any buildings or works...
10(1) Any reference in this Schedule to the cubic content...
11 Development Not Constituting New Development
12(1) In this Schedule “at a material date” means at...
13(1) In relation to a building erected after 1st July...
14 Development Not Constituting New Development
SCHEDULE 4 Special provisions as to land use in 1948
1Where on lst July 1948 land was being temporarily used...
2Where on 1st July 1948 land was normally used for...
3Where land was unoccupied on 1st July 1948, but had...
4Notwithstanding anything in paragraphs 1 to 3, the use of...
SCHEDULE 4ALocal development orders: procedure
Preparation
1(1) A local development order must be prepared in accordance...
Revision
2(1) The local planning authority may at any time prepare...
Order to be adopted
3A local development order is of no effect unless it...
Annual report
4(1) The report made under section 35 of the Planning...
Annual report
5(1) The report made under section 76 of the Planning...
SCHEDULE 4BProcess for making of neighbourhood development orders
Proposals for neighbourhood development orders
1(1) A qualifying body is entitled to submit a proposal...
2(1) A qualifying body may withdraw a proposal at any...
Advice and assistance in connection with proposals
3(1) A local planning authority must give such advice or...
Requirements to be complied with before proposals made or considered
4(1) Regulations may make provision as to requirements that must...
Consideration of proposals by authority
5(1) A local planning authority may decline to consider a...
6(1) This paragraph applies if— (a) a proposal has been...
Independent examination
7(1) This paragraph applies if— (a) a local planning authority...
8(1) The examiner must consider the following—
9(1) The general rule is that the examination of the...
10(1) The examiner must make a report on the draft...
11(1) Regulations may make provision in connection with examinations under...
Consideration by authority of recommendations made by examiner etc
12(1) This paragraph applies if an examiner has made a...
13(1) If— (a) the local planning authority propose to make...
Referendum
14(1) This paragraph makes provision in relation to a referendum...
15(1) The additional referendum mentioned in paragraph 12(4) must be...
16(1) The Secretary of State or the Lord President of...
Interpretation
17In this Schedule— “ the Convention rights ” has the...
SCHEDULE 4CCommunity right to build orders
Introduction
1(1) This Schedule makes special provision about a particular type...
Meaning of “community right to build order”
2(1) A neighbourhood development order is a community right to...
Meaning of “community organisation”
3(1) For the purposes of this Schedule a “community organisation”...
Proposals by community organisations for community right to build orders
4(1) A community organisation is authorised for the purposes of...
5(1) A community organisation is to be regarded as a...
Development likely to have significant effects on environment etc
6(1) A local planning authority must decline to consider a...
Examination of proposals for community right to build orders etc
7The provisions of Schedule 4B have effect in relation to...
8Any reference in that Schedule to section 61E(2) includes a...
9Any reference in that Schedule to section 61F includes a...
10(1) The provision made by sub-paragraphs (2) to (5) of...
Use of land
11(1) Regulations may make provision for securing that in prescribed...
Different provision made by regulations for community right to build orders
12(1) The provision that may be made by regulations under...
SCHEDULE 5 Conditions relating to Mineral Working
Part I Conditions imposed on Grant of Permission
Duration of development
1(1) Every planning permission for development —
Power to impose aftercare conditions
2(1) Where— (a) planning permission for development consisting of the...
Meaning of “required standard”
3(1) In a case where— (a) the use specified in...
Consultations
4(1) Before imposing an aftercare condition, the mineral planning authority...
Certificate of compliance
5If, on the application of any person with an interest...
Recovery of expenses of compliance
6A person who has complied with an aftercare condition but...
Part II Conditions imposed on Revocation or Modification of Permission
7An order under section 97 may in relation to planning...
8Paragraphs 2(3) to (9) and 3 to 6 shall apply...
Interpretation
9In this Schedule any reference to a mineral planning authority...
SCHEDULE 6 Determination of Certain Appeals by Person Appointed by Secretary of State
Determination of appeals by appointed person
1(1) The Secretary of State may by regulations prescribe classes...
Powers and duties of appointed person
2(1) An appointed person shall have the same powers and...
Determination of appeals by Secretary of State
3(1) The Secretary of State may, if he thinks fit,...
4(1) The Secretary of State may by a further direction...
Appointment of another person to determine appeal
5(1) At any time before the appointed person has determined...
Local inquiries and hearings
6(1) Whether or not the parties to an appeal have...
Supplementary provisions
7If before or during the determination of an appeal under...
8(1) The Tribunals and Inquiries Act 1992 shall apply to...
SCHEDULE 7 Simplified Planning Zones
General
1(1) A simplified planning zone scheme shall consist of a...
Notification of proposals to make or alter scheme
2An authority who decide under section 83(2) to make or...
Power of Secretary of State to direct making or alteration of scheme
3(1) If a person requests a local planning authority to...
4(1) A simplified planning zone direction is—
Steps to be taken before depositing proposals
5(1) A local planning authority proposing to make or alter...
Procedure after deposit of proposals
6Where a local planning authority have prepared a proposed simplified...
Powers of Secretary of State to secure adequate publicity and consultations
7(1) The documents sent by the local planning authority to...
Procedure for dealing with objections
8(1) Where objections to the proposed scheme or alterations are...
Adoption of proposals by local planning authority
9(1) After the expiry of the period for making objections...
Calling in of proposals for approval by Secretary of State
10(1) Before the proposals have been adopted by the local...
Approval of proposals by Secretary of State
11(1) The Secretary of State may after considering proposals submitted...
Default powers
12(1) Where — (a) a local planning authority are directed...
Regulations and directions
13(1) Without prejudice to the previous provisions of this Schedule,...
SCHEDULE 8 Planning Inquiry Commissions
Part I Constitution and Procedure on References
Constitution of Commissions
1(1) A Planning Inquiry Commission shall consist of a chairman...
Reference to a Planning Inquiry Commission
2(1) Two or more of the matters mentioned in section...
Functions of Planning Inquiry Commission on reference
3(1) A commission inquiring into a matter referred to them...
Procedure on reference to a Planning Inquiry Commission
4(1) A reference to a Planning Inquiry Commission of a...
Local inquiries held by Planning Inquiry Commission
5(1) A Planning Inquiry Commission shall, for the purpose of...
Part II Meaning of “the responsible Minister or Ministers”
6In relation to the matters specified in the first column...
7Where an entry in the second, third or fourth columns...
SCHEDULE 9 Requirements relating to Discontinuance of Mineral Working
Orders requiring discontinuance of mineral working
1(1) If, having regard to the development plan and to...
2(1) An order under paragraph 1 may impose a restoration...
Prohibition of resumption of mineral working
3(1) Where it appears to the mineral planning authority—
4(1) An order under paragraph 3 shall not take effect...
Orders after suspension of winning and working of minerals
5(1) Where it appears to the mineral planning authority—
Supplementary suspension orders
6(1) At any time when a suspension order is in...
Confirmation and coming into operation of suspension orders
7(1) Subject to sub-paragraph (2), a suspension order or a...
Registration of suspension orders as local land charges
8A suspension order or a supplementary suspension order shall be...
Review of suspension orders
9(1) It shall be the duty of a mineral planning...
Resumption of mineral working after suspension order
10(1) Subject to sub-paragraph (2), nothing in a suspension order...
Default powers of Secretary of State
11(1) If it appears to the Secretary of State to...
Interpretation
12In this Schedule any reference to a mineral planning authority...
SCHEDULE 10 Condition treated as applicable to rebuilding and alterations
1Where the building to be rebuilt or altered is the...
2Where the building to be rebuilt or altered is not...
3In determining under this Schedule the purpose for which floor...
4(1) For the purposes of this Schedule gross floor space...
5In relation to a building erected after 1st July 1948...
SCHEDULE 11
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1. . . . . . . . . ....
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2. . . . . . . . . ....
3. . . . . . . . . ....
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4. . . . . . . . . ....
5. . . . . . . . . ....
6. . . . . . . . . ....
7. . . . . . . . . ....
8. . . . . . . . . ....
9. . . . . . . . . ....
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10. . . . . . . . . ....
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11. . . . . . . . . ....
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12. . . . . . . . . ....
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13. . . . . . . . . ....
SCHEDULE 12
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1. . . . . . . . . ....
. . .
2. . . . . . . . . ....
. . .
3. . . . . . . . . ....
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4. . . . . . . . . ....
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5. . . . . . . . . ....
6. . . . . . . . . ....
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7. . . . . . . . . ....
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8. . . . . . . . . ....
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9. . . . . . . . . ....
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10. . . . . . . . . ....
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11. . . . . . . . . ....
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12. . . . . . . . . ....
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13. . . . . . . . . ....
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14. . . . . . . . . ....
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15. . . . . . . . . ....
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16. . . . . . . . . ....
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17. . . . . . . . . ....
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18. . . . . . . . . ....
. . .
19. . . . . . . . . ....
. . .
20. . . . . . . . . ....
SCHEDULE 13 Blighted Land
Land allocated for public authority functions in development plans etc.
1 Blighted Land
1ALand which is identified for the purposes of relevant public...
1BLand in Wales which is identified for the purposes of...
2 Blighted Land
3 Blighted Land
4 Blighted Land
5Land indicated in a plan (other than a development plan)...
6Land in respect of which a local planning authority—
New towns and urban development areas
7Land within an area described as the site of a...
8Land within an area designated as the site of a...
9Land which is— (a) within an area intended to be...
9ALand which is within an area designated under section 197...
Clearance and renewal areas
10Land within an area declared to be a clearance area...
11Land which— (a) is surrounded by or adjoining an area...
12Land indicated by information published in pursuance of section 92...
Highways
13Land indicated in a development plan (otherwise than by being...
14Land on or adjacent to the line of a highway...
15Land shown on plans approved by a resolution of a...
16Land comprised in the site of a highway as proposed...
17Land shown on plans approved by a resolution of a...
18Land shown in a written notice given by the Secretary...
New streets
19Land which— (a) either— (i) is within the outer lines...
General improvement areas
20Land indicated by information published in pursuance of section 257...
Compulsory purchase
21Land authorised by a special enactment to be compulsorily acquired,...
22Land in respect of which— (a) a compulsory purchase order...
23Land— (a) the compulsory acquisition of which is authorised by...
24Land falls within this paragraph if— (a) the compulsory acquisition...
Land identified in national policy statements
25Land falls within this paragraph if the land is in...
SCHEDULE 14 Procedure for footpaths and bridleways orders
Part I Confirmation of orders
1(1) Before an order under section 257 or 258 is...
2If no representations or objections are duly made, or if...
3(1) This paragraph applies where any representation or objection which...
4(1) A decision of the Secretary of State under paragraph...
5(1) The Secretary of State shall not confirm an order...
6Regulations under this Act may, subject to this Part of...
Part II Publicity for orders after confirmation
7(1) As soon as possible after an order under section...
8Where an order under section 257 or 258 has come...
SCHEDULE 15 Preliminary
1In this Schedule an application under section 302(3) and a...
Making of compliance determination applications
2(1) A compliance determination application may be made with respect...
3A compliance determination application shall be accompanied by such plans...
4(1) The authority to whom a compliance determination application is...
Determination of applications
5(1) Where a compliance determination application is made to an...
Appeals against compliance determinations or failure to make such determinations
6(1) Where the applicant is aggrieved by a compliance determination,...
7(1) On such an appeal the Secretary of State may...
8Subject to paragraph 9 and to any determination or decision...
Fresh applications where alteration in circumstances
9Where a compliance determination has been given that works on...
References of application to Secretary of State
10(1) If it appears to the Secretary of State that...
Information
11The Secretary of State may give directions to any authority...
Opportunity for hearing
12On any compliance determination application or any appeal under this...
Notice of proposed enforcement
13(1) This paragraph applies where before the relevant date any...
Power of entry
14(1) At any time before the relevant date any officer...
Service of notices
15(1) Any notice or other document required or authorised to...
Supplementary provisions
16Parts XIV and XV do not apply to section 302...
SCHEDULE 16 Provisions of the Planning Acts referred to in Sections 314 to 319
Part I
Part II
Sections 30 to 49.
Section 50(5).
Section 51.
Sections 53 and 54.
Section 56(2) to (6) with the omission in subsection (3)...
Section 65.
Section 69(3) and (4).
Section 79(6) to (7).
Sections 91 to 93.
Section 94(1)(a) and (2) to (6).
Section 95.
Section 99.
Section 101.
Section 137(6) and (7).
Section 142.
Section 157(1) and (2).
Sections 162 and 163.
Section 166.Sections 171A to 171D.
Sections 172 to 174.
Section 175(1) to (4) and (6).
Sections 176 and 177.
Sections 183 and 184.
Section 186(1) to (5).
Sections 187 to 187B.
Sections 191 to 196.
Section 208(9).
Section 226.
Section 228(1), (3), (4) and (7).
Sections 248, 249 and 250.
Section 253.
Section 257.
Section 258(1).
Section 259.
Section 261.
Section 264(1) to (6).
Section 273.
Section 279(4).
Section 280(6) and (8)(b).
Section 304.
Section 307.
Section 331.
Paragraphs 3 to 12 of Part II of Schedule 2,...
Part III
Sections 109 to 112.
Section 298.
Sections 308 to 310.
. . .
Section 318(4) and (5).
. . .
Section 328.
. . .
Any other provisions of the planning Acts in so far...
Part IV
Part V
Part VI
Section 60(4).
Section 65.
Section 71(1) (2) and (2A).
Sections 149 to 151.
Section 153(1) to (7).
Sections 154 to 156.
Section 161(1) in so far as it relates to provisions...
Section 164.
Sections 168 to 171.
Section 284 except subsection (1)(a) to (d).
Section 285(5) and (6).
Section 288.
Section 291.
Section 292(2).
Section 296(1) (construed as if the reference to Part III...
Section 318(2) except paragraph (b).
. . .
In Schedule 13, paragraphs 1 to 4, 12 to 16...
Any other provisions of this Act in so far as...
SCHEDULE 17 Enactments Exempted from Section 333(6)
1
2The following provisions of the Highways Act 1980— section 73(1)...
3The following further provisions of the Highways Act 1980—
4Section 279 of the Highways Act 1980 so far as...
5Any enactment making such provision as might by virtue of...
6Any enactment which has been previously excluded or modified by...
Table of Derivations
Notes:
1The following abbreviations are used in this Table:— 1946 c....
2The Table does not show the effect of transfer of...
3The letter R followed by a number indicates that the...
4The entry “drafting” indicates a provision of a mechanical or...

Town and Country Planning Act 1990

1990 c. 8

An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.

X1C1C2C3C4C5C6C7C8C9C10Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C11C12C13

Annotations:
Editorial Information
X1

[A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.]

Modifications etc. (not altering text)
C4

Act modified (10.2.1992) by Planning and Compensation Act 1991 (c. 34), s. 27, Sch. 4 Pt. III paras.40-51; S.I. 1991/2905, art.4

Act: certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 2 (with arts. 3, 4(a), Sch. Pt. I)

Act modified (27.7.1992) by S.I. 1992/1620, art.4(a)(b), Sch.

Act modified (17.7.1992) by S.I. 1992/1732, art. 2(1)

Act restricted (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 35.

Act modified (26.11.1992) by S.I. 1992/2683, reg. 2, Sch.

Act applied (with modifications) (13.5.1993) by S.I. 1993/1075, art. 4

Act extended (1.11.1993) by 1993 c. 28, s. 70(14)(a); S.I. 1993/2134, arts. 2, 5

Act extended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 11

Act extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Act modified (18.10.2000) by S.I. 2000/2615, art. 5

Act restricted (19.9.1995) by 1995 c. 25, ss. 71(7), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

Act applied in part (with modifications) (11.11.1996) by S.I. 1996/2714, art. 48, Sch. 9 para. 1

Act amended (18.12.1996) by 1996 c. 61, s. 8(4)

Act applied in part (with modifications) (21.5.1997) by S.I. 1997/1266, art. 36, Sch. 10 para. 1

Act applied in part (with modifications) (27.8.1998) by S.I. 1998/1936, art. 41, Sch. 10 para. 1

Act (except ss. 90(2), 325(9)): certain functions transferred subject to qualifications (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Act applied (23.6.1999) by S.I. 1999/1736, art. 11(1)

Act applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

C6

Act modified (28.9.2004 (E.), 15.10.2005 (W.)) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 38, 121 (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)

Act modified (24.8.2005) by The Town and Country Planning (Isles of Scilly) Order 2005 (S.I. 2005/2085), art. 4(1)

Act applied (with modifications) (12.10.2005) by The Thurrock Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2572), art. 5

Act applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 6(2) (with s. 111); S.I. 2006/1281, art. 2

Act modified (25.4.2006) by The Associated British Ports (Hull) Harbour Revision Order 2006 (S.I. 2006/1135), art. 14, Sch. 1 para. 2(4)

Act modified (30.5.2007) byThe National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353, art. 4

Act modified (temp.) (30.5.2007) by The St Mary's (Isles of Scilly) Harbour Revision Order 2007 (S.I. 2007/1554), art. 17

C8

Act modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)

C12

Act applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

C13

Act applied (with modifications) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), Sch. 11 para. 1 (with art. 36(2))