Part XV Miscellaneous and General Provisions

Application of Act in special cases

315 Power to modify Act in relation to minerals.

(1)

In relation to development consisting of the winning and working of minerals, 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) and in relation to claims established (as mentioned in paragraph 1(2) of Schedule 12) wholly or partly in respect of such land, 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; or

(b)

to development consisting of the winning and working of any minerals vested in the British Coal Corporation, being development to which any of the provisions of the planning Acts relating to operational land of statutory undertakers apply by virtue of regulations made under section 317.

(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.

316 Application of certain provisions to local planning authorities.

(1)

In relation to land of local planning authorities and to the development by local authorities of land in respect of which they are the local planning authorities, the provisions specified in Part V of Schedule 16 shall have effect subject to such exceptions and modifications as may be prescribed by regulations.

(2)

Subject to section 90, any such regulations may in particular provide for securing—

(a)

that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under those provisions, shall be made to the Secretary of State and not to the local planning authority;

(b)

that any order or notice authorised to be made, issued or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the local planning authority.

(3)

Sections 65 to 68 and 71(1) and (2) shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1), as they apply in relation to applications for planning permission which fall to be determined by the local planning authority.

(4)

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.

(5)

In relation to an urban development corporation which is the local planning authority by virtue of an order under section 149(1) of the M1Local Government, Planning and Land Act 1980 and a housing action trust established under Part III of the M2Housing Act 1988 which is a local planning authority by virtue of an order under section 67(1) of that Act, subsections (1) to (3) shall have effect for the purposes of Part III of this Act specified in the order, and in relation to the kinds of development so specified as if—

(a)

in subsection (1) the reference to development by local authorities of land in respect of which they are the local planning authorities included a reference to development by the corporation or, as the case may be, the trust of land in respect of which it is the local planning authority; and

(b)

in subsection (2)—

(i)

in paragraph (a) the words “the corporation” or, as the case may be, “the trust” were substituted for the words “such an authority”, and the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”; and

(ii)

in paragraph (b) the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”.

F1316ALocal planning authorities as statutory undertakers.

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.

317 The British Coal Corporation.

(1)

The Secretary of State for the Environment and the Secretary of State for Energy may by regulations made with the consent of the Treasury direct that any of the provisions specified in Part I of Schedule 16 or of section 264 relating to statutory undertakers and to land of such undertakers—

(a)

shall apply to the British Coal Corporation as if it were a statutory undertaker; and

(b)

shall apply to land (including mines) of that Corporation of any such class as may be specified in the regulations as if it were operational land.

(2)

Such regulations may apply those provisions subject to such adaptations, modifications and exceptions as may be specified in the regulations.

(3)

Without prejudice to the generality of subsection (2), where such regulations apply any provisions by virtue of which any compensation is payable to the British Coal Corporation which if it were payable to statutory undertakers would be assessable in accordance with the provisions of section 280, they may provide for an alternative basis of assessment.

318 Ecclesiastical property.

(1)

Without prejudice to the provisions of the M3Acquisition 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 Church Commissioners.

(2)

Where the fee simple of any ecclesiastical property is in abeyance—

(a)

if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 the fee simple shall be treated as being vested in the Church Commissioners;

(b)

in any case, the fee simple shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the Church Commissioners, 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—

(a)

shall be paid to the Church Commissioners, and

(b)

shall be applied by them 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 Church Commissioners, and

(b)

shall be applied by them for the purposes mentioned in subsection (3)(b).

(5)

Where any sum is recoverable under section 111, 112, 133 or 327 in respect of any such land, the Church Commissioners may apply any money or securities held by them in the payment of that sum.

(6)

In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction.

319 Application of Act to Isles of Scilly.

(1)

The Secretary of State shall by order provide for the application to the Isles of Scilly of the provisions specified in Parts I and II of Schedule 16, sections 1(4), 67, 72(5), 97(5), 102(8), 105, 116, 190 (in so far as it applies to orders under Schedule 9), 294(2) to (7), 295, 299 to 301 and 303, the definitions of “development consisting of the winning and working of minerals” and “mineral working deposit” in section 336(1), paragraph 11(4) of Schedule 1 and Schedules 5, 9 and 11, as if those Isles were a separate county.

(2)

In relation to land in the Isles of Scilly, the provisions specified in Part III of Schedule 16 and section 225 shall have effect as if those Isles were a district and the Council of the Isles were the council of that district.

(3)

The Secretary of State may by order provide for the application to the Isles of Scilly of the provisions specified in Part IV of that Schedule as if those Isles were a separate county or district.

(4)

Before making an order under subsection (1) or (3) the Secretary of State shall consult with the Council of the Isles of Scilly.

(5)

Any order under subsection (1) or (3) may provide for the application of provisions to the Isles subject to such modifications as may be specified in the order.

F2Determination of procedure

319ADetermination of procedure for certain proceedings

(1)

The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

(2)

A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—

(a)

at a local inquiry;

(b)

at a hearing;

(c)

on the basis of representations in writing.

(3)

The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

(4)

A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

(5)

The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

(6)

The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

(7)

This section applies to—

(a)

an application referred to the Secretary of State under section 77 instead of being dealt with by a local planning authority in England;

(b)

an appeal under section 78 against a decision of a local planning authority in England;

(c)

an appeal under section 174 against an enforcement notice issued by a local planning authority in England;

(d)

an appeal under section 195 against a decision of a local planning authority in England; and

(e)

an appeal under section 208 against a notice under section 207(1) issued by a local planning authority in England.

(8)

But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) of this section ceases to have effect.

(9)

The Secretary of State may by order amend subsection (7) to—

(a)

add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or

(b)

otherwise modify the descriptions of proceedings to which this section applies.

(10)

An order under subsection (9) may—

(a)

contain incidental, supplementary, consequential, transitional and transitory provision and savings;

(b)

amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

Local inquiries and other hearings

320 Local inquiries.

(1)

The Secretary of State may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.

(2)

Subsections (2) to (5) of section 250 of the M4Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this section.

321 Planning inquiries to be held in public subject to certain exceptions.

(1)

This section applies to any inquiry held under section 320(1), paragraph 6 of Schedule 6 or paragraph 5 of Schedule 8.

(2)

Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(3)

If the Secretary of State is satisfied in the case of any such inquiry—

(a)

that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4); and

(b)

that the public disclosure of that information would be contrary to the national interest,

he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in the direction.

(4)

The matters referred to in subsection (3)(a) are—

(a)

national security; and

(b)

the measures taken or to be taken to ensure the security of any premises or property.

F3321AAppointed representative: no inquiry

(1)

This section applies if—

(a)

a person is appointed under subsection (5) or (6) of section 321, but

(b)

no inquiry is held as mentioned in subsection (1) of that section.

(2)

Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.

(3)

For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.

(4)

This section does not affect section 322A.

F4321BSpecial provision in relation to planning inquiries: Wales

(1)

This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.

(2)

The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales.

(3)

The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.

(4)

If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.

(5)

The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).

(6)

Section 333(3) does not apply to regulations made under subsection (4).

F5322 Orders as to costs of parties where no local inquiry held.

(1)

This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him.

(2)

The Secretary of State has the same power to make orders under section 250(5) of the M5Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

F6322AOrders as to costs: supplementary.

(1)

This section applies where—

(a)

for the purposes of any proceedings under this Act—

(i)

the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and

(ii)

arrangements are made for a local inquiry or hearing to be held;

(b)

the inquiry or hearing does not take place; and

(c)

if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M6Local Government Act 1972 requiring any party to pay any costs of any other party.

(2)

Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.

F7322B Local inquiries in London: special provision as to costs in certain cases.

(1)

This section applies where—

(a)

the local planning authority for a London borough refuse an application for planning permission,

(b)

that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and

(c)

an appeal against the refusal is made to the Secretary of State under section 78.

(2)

If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—

(a)

for subsection (4) there were substituted the subsection set out at subsection (5) below, and

(b)

for subsection (5) there were substituted the subsection set out at subsection (6) below.

(3)

If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.

(4)

If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.

(5)

The subsection referred to in subsection (2)(a) above is as follows—

“( )

Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid—

(a)

by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or

(b)

if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;

and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”

(6)

The subsection referred to in subsection (2)(b) above is as follows—

“( )

Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—

(a)

the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;

(b)

every such order may be made a rule of the High Court on the application of any party named in the order. ”

(7)

In this section “the 1972 Act” means the Local Government Act 1972.

323 Procedure on certain appeals and applications.

(1)

The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the M7Tribunals and Inquiries Act 1971 apply.

(2)

The regulations may in particular make provision as to the procedure to be followed—

(a)

where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or

(b)

where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c)

where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

(3)

The regulations may also—

(a)

provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;

(b)

prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

(c)

empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and

(d)

empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

Rights of entry

324 Rights of entry.

(1)

Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a)

the preparation, approval, adoption or making of a unitary development plan or a local plan relating to the land under Part II or the alteration of such a plan or a structure plan relating to the land under that Part, including the carrying out of any survey under that Part;

(b)

any application under Part III or sections 198 to 200, 220 or 221 or under any order or regulations made under any of those provisions, for any permission, consent or determination to be given or made in connection with that land or any other land under that Part or any of those sections or under any such order or regulations;

(c)

any proposal by the local planning authority or by the Secretary of State to make, issue or serve any order or notice under Part III (other than sections 94 and 96), Part VII or Part VIII or under any order or regulations made under any of those provisions.

(2)

Any person duly authorised in writing by the Secretary of State or a local authority may at any reasonable time enter any land for the purpose of ascertaining whether any of the functions conferred by sections 207 to 209 should or may be exercised in connection with the land or for the purpose of exercising any of those functions in connection with the land.

(3)

Any person duly authorised in writing by the local planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred on the authority by section 225 if—

(a)

the land is unoccupied; and

(b)

it would be impossible to exercise the power without entering the land.

(4)

Any person who is an officer of the Valuation Office or is duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under Part V in respect of that land or any other land.

(5)

Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land which is payable by the local planning authority under Part IV, section 186, Part VIII (other than section 204), section 250(1) or Part XI (other than section 279(2) or (3) or 280(1)(c)).

(6)

Any person who is an officer of the Valuation Office or is duly authorised in writing by a local authority or Minister authorised to acquire land under section 226 or 228 or by a local authority who have power to acquire land under Part IX may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land or in connection with any claim for compensation in respect of any such acquisition.

(7)

Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land in respect of which an order or notice has been made or served as mentioned in subsection (1)(c) for the purpose of ascertaining whether the order or notice has been complied with.

(8)

Subject to section 325, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

(9)

In subsections (1)(c) and (7) references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.

325 Supplementary provisions as to rights of entry.

(1)

A person authorised under section 324 to enter any land—

(a)

shall, if so required, produce evidence of his authority before so entering, and

(b)

shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.

(2)

Any person who wilfully obstructs a person acting in the exercise of his powers under section 324 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3)

If any person who, in compliance with the provisions of section 324, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in it as to any manufacturing process or trade secret, he shall be guilty of an offence.

(4)

Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises.

(5)

A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(6)

Where any land is damaged—

(a)

in the exercise of a right of entry conferred under section 324, or

(b)

in the making of any survey for the purpose of which any such right of entry has been so conferred,

compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or authority on whose behalf the entry was effected.

(7)

The provisions of section 118 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV.

(8)

No person shall carry out under section 324 any works authorised by virtue of subsection (8) of that section unless notice of his intention to do so was included in the notice required by subsection (1).

(9)

The authority of the appropriate Minister shall be required for the carrying out under that section of works so authorised if the land in question is held by statutory undertakers, and they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

F8325ARights of entry: Crown land

(1)

Section 324 applies to Crown land subject to the following modifications.

(2)

A person must not enter Crown land unless he has the relevant permission.

(3)

Relevant permission is the permission of—

(a)

a person appearing to the person seeking entry to the land to be entitled to give it, or

(b)

the appropriate authority.

(4)

In subsection (8) the words “Subject to section 325” must be ignored.

(5)

Section 325 does not apply to anything done by virtue of this section.

(6)

“Appropriate authority” must be construed in accordance with section 293(2).

Miscellaneous and general provisions

326 Assumptions as to planning permission in determining value of interests in land.

(1)

In any case where the value or depreciation in value of an interest in land falls to be determined on the assumption that planning permission would be granted for development of any class specified in Schedule 3, it shall be further assumed, as regards development of any class specified in paragraph 1 or 3 of that Schedule, that such permission would be granted subject to the condition set out in Schedule 10.

(2)

For the purposes of subsection (1), so far as applicable to any determination of existing use value as defined in section 144(6)—

(a)

references to Schedule 3 and to paragraphs 1 and 3 of that Schedule shall be construed as references to Schedule 3 to the 1947 Act and to the corresponding paragraphs of that Schedule; and

(b)

that Schedule shall have effect as if it contained a paragraph corresponding to paragraph 13 of Schedule 3.

(3)

Except as provided in section 111(5), nothing in subsections (1) and (2) or in paragraph 13 or 14(2) of Schedule 3 affects the meaning of “new development” in this Act or any determination to be made for the purpose of Part V.

(4)

For the avoidance of doubt it is hereby declared that where, under any provision of this Act, the value of an interest in land is required to be assessed on the assumption that planning permission would be granted for development of any class specified in Schedule 3, that assumption is to be made on the footing that any such development must comply with the provisions of any enactment, other than the planning Acts, which would be applicable to it.

327 Recovery on subsequent development of payments in respect of war-damaged land.

(1)

In relation to notices registered under section 57 of the 1954 Act (which provided for the registration of notices of payments made under section 59 of the 1947 Act) sections 133 and 134 shall have effect as they have effect in relation to notices registered under section 132 but subject to the following provisions.

(2)

Any reference in section 133 or 134 to the compensation specified in a notice shall be construed as a reference to the payment so specified.

(3)

Section 133 shall be assumed to apply to every description of new development.

(4)

No amount shall be recoverable by the Secretary of State by virtue of this section in respect of any land in relation to which an amount has become recoverable under section 309.

(5)

For the purposes of this section a payment under section 59 of the 1947 Act shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under that section, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between different parts of that land.

F9327AApplications: compliance with requirements

(1)

This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—

(a)

the form or manner in which the application must be made;

(b)

the form or content of any document or other matter which accompanies the application.

(2)

The local planning authority must not entertain such an application if it fails to comply with the requirement.

328 Settled land and land of universities and colleges.

(1)

The purposes authorised for the application of capital money—

(a)

by section 73 of the M8Settled Land Act 1925 and by that section as applied by section 28 of the M9Law of Property Act 1925 in relation to trusts for sale; and

(b)

by section 26 of the M10Universities and College Estates Act 1925,

shall include the payment of any sum recoverable under section 111, 112, 133 or 327.

(2)

The purposes authorised as purposes for which money may be raised by mortgage—

(a)

by section 71 of the Settled Land Act 1925 and by that section as so applied; and

(b)

by section 30 of the Universities and College Estates Act 1925,

shall include the payment of any sum so recoverable.

329 Service of notices.

(1)

Any notice or other document required or authorised to be served or given under this Act may be served or given either—

(a)

by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b)

by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or

(c)

by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; or

(d)

in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2)

Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a)

it is addressed to him either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them) and is delivered or sent in the manner specified in subsection (1)(a), (b) or (c); or

(b)

it is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as a communication of importance and—

(i)

it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or

(ii)

it is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

(3)

Where—

(a)

the notice or other document is required to be served on or given to all persons who have interests in or are occupiers of premises comprised in any land, and

(b)

it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied,

the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.

F10329AService of notices on the Crown

(1)

Any notice or other document required under this Act to be served on the Crown must be served on the appropriate authority.

(2)

Section 329 does not apply for the purposes of the service of such a notice or document.

(3)

“Appropriate authority” must be construed in accordance with section 293(2).

330 Power to require information as to interests in land.

(1)

For the purpose of enabling the Secretary of State or a local authority to make an order or issue or serve any notice or other document which, by any of the provisions of this Act, he or they are authorised or required to make, issue or serve, the Secretary of State or the local authority may by notice in writing require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to give in writing such information as to the matters mentioned in subsection (2) as may be so specified.

(2)

Those matters are—

(a)

the nature of the interest in the premises of the person on whom the notice is served;

(b)

the name and address of any other person known to him as having an interest in the premises;

(c)

the purpose for which the premises are being used;

(d)

the time when that use began;

(e)

the name and address of any person known to the person on whom the notice is served as having used the premises for that purpose;

(f)

the time when any activities being carried out on the premises began.

(3)

A notice under subsection (1) may require information to be given within 21 days after the date on which it is served, or such longer time as may be specified in it, or as the Secretary of State or, as the case may be, the local authority may allow.

(4)

Any person who, without reasonable excuse, fails to comply with a notice served on him under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)

Any person who, having been required by a notice under subsection (1) to give any information, knowingly makes any misstatement in respect of it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.

F11330AInformation as to interests in Crown land

(1)

This section applies to an interest in Crown land which is not a private interest.

(2)

Section 330 does not apply to an interest to which this section applies.

(3)

For a purpose mentioned in section 330(1) the Secretary of State may request the appropriate authority to give him such information as to the matters mentioned in section 330(2) as he specifies in the request.

(4)

The appropriate authority must comply with a request under subsection (3) except to the extent—

(a)

that the matter is not within the knowledge of the authority, or

(b)

that to do so will disclose information as to any of the matters mentioned in section 321(4).

(5)

Expressions used in this section and in Part 13 must be construed in accordance with that Part.

331 Offences by corporations.

(1)

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)

a director, manager, secretary or other similar officer of the body corporate, or

(b)

any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against accordingly.

(2)

In subsection (1) “director”, in relation to any body corporate—

(a)

which was established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, and

(b)

whose affairs are managed by its members,

means a member of that body corporate.

332 Combined applications.

(1)

Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed, of—

(a)

an application for planning permission in respect of any development; and

(b)

an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

(2)

Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.

(3)

Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

(4)

If an application required to be made to a local authority under an enactment specified in any such regulations is made in accordance with the provisions of the regulations, it shall be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

(5)

Subsection (4) shall have effect without prejudice to—

(a)

the validity of any application made in accordance with the enactment in question; or

(b)

any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.

(6)

In this section “application” includes a submission.

333 Regulations and orders.

(1)

The Secretary of State may make regulations under this Act—

(a)

for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by any local authority;

(b)

for any purpose for which regulations are authorised or required to be made under this Act (other than a purpose for which regulations are authorised or required to be made by another Minister).

(2)

Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(3)

Any statutory instrument containing regulations made under this Act (except regulations under section 88 and regulations which by virtue of this Act are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

The power to make development orders and orders under sections 2, 28, 55(2)(f), 87, 149(3)(a) and 319 shall be exercisable by statutory instrument.

(5)

Any statutory instrument—

(a)

which contains an order under section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section; or

(b)

which contains a development order or an order under section 28, 87 or 149(3)(a),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)

Without prejudice to subsection (5), where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 17) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

(7)

Without prejudice to section 14 of the M11Interpretation Act 1978, any power conferred by any of the provisions of this Act to make an order, shall include power to vary or revoke any such order by a subsequent order.

334 Licensing planning areas.

(l)

Where the united district for which, by an order under section 2, a joint planning board is constituted comprises a licensing planning area, or the whole or part of such a united district is included in a licensing planning area, the Secretary of State may by order revoke or vary any order in force under Part VII of the M12Licensing Act 1964 so far as may be necessary or expedient in consequence of the order under section 2.

(2)

Subject to subsection (1), nothing in any order made under section 2 shall affect the validity of any order in force under Part VII of the Licensing Act 1964 if made before the date of the order under section 2.

335 Act not excluded by special enactments.

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers imposed or conferred by it in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the 1947 Act, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

336 Interpretation.

(l)

In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section and to any transitional provision made by the Planning (Consequential Provisions) Act 1990—

“the 1944 Act” means the Town and Country Planning Act 1944;

“the 1947 Act” means the M13Town and Country Planning Act 1947;

“the 1954 Act” means the M14Town and Country Planning Act 1954;

“the 1959 Act” means the M15Town and Country Planning Act 1959;

“the 1962 Act” means the M16Town and Country Planning Act 1962;

“the 1968 Act” means the M17Town and Country Planning Act 1968;

“the 1971 Act” means the M18Town and Country Planning Act 1971;

“acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

“advertisement” means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used, or adapted for use, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

“aftercare condition” has the meaning given in paragraph 2(2) of Schedule 5;

“aftercare scheme” has the meaning given in paragraph 2(3) of Schedule 5;

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

“the appropriate Minister” has the meaning given in section 265;

“authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected or a body (being a parish council, community council or parish meeting) on whose behalf a district council or county council could be or have been so authorised;

“authority to whom Part II of the 1959 Act applies” means a body of any of the descriptions specified in Part I of Schedule 4 to the 1959 Act;

“bridleway” has the same meaning as in the M19Highways Act 1980;

“the Broads” has the same meaning as in the M20Norfolk and Suffolk Broads Act 1988;

“building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

“buildings or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;

“building operations” includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

“caravan site” has the meaning given in section 1(4) of the M21Caravan Sites and Control of Development Act 1960;

“clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation to it as may be prescribed;

“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

“compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

“conservation area” means an area designated under section 69 of the Planning M22(Listed Buildings and Conservation Areas) Act 1990;

“development” has the meaning given in section 55, and “develop” shall be construed accordingly;

“development consisting of the winning and working of minerals” includes the extraction of minerals from a mineral-working deposit;

“development order” has the meaning given in section 59;

“development plan” shall be construed in accordance with sections 27 and 54 (but subject to the transitional provisions in Schedule 2);

“disposal” means disposal by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and “dispose of” shall be construed accordingly;

“enactment” includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;

“enforcement notice” means a notice under section 172;

“engineering operations” includes the formation or laying out of means of access to highways;

“enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission in accordance with section 88;

“erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

“established use certificate” has the meaning given in section 192;

“footpath” has the same meaning as in the M23Highways Act 1980;

“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

“functions” includes powers and duties;

“government department” includes any Minister of the Crown;

“the Greater London Development Plan” means the development plan submitted to the Minister of Housing and Local Government under section 25 of the M24London Government Act 1963 and approved by the Secretary of State under section 5 of the 1962 Act or the corresponding provision of the 1971 Act;

“highway” has the same meaning as in the M25Highways Act 1980 ;

“improvement”, in relation to a highway, has the same meaning as in the Highways Act 1980;

“joint planning board” has the meaning given in section 2;

“land” means any corporeal hereditament, including a building, and, in relation to the acquisition of land under Part IX, includes any interest in or right over land;

“lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;

“local authority” (except in section 252 and subject to subsection (10)) means—

(a)

a charging authority, a precepting authority (except the Receiver for the Metropolitan Police District), a combined police authority or a combined fire authority, as those expressions are defined in section 144 of the M26Local Government Finance Act 1988;

(b)

a levying body within the meaning of section 74 of that Act; and

(c)

a body as regards which section 75 of that Act applies;

and includes any joint board or joint committee if all the constituent authorities are local authorities within paragraph (a), (b) or (c);

“local highway authority” means a highway authority other than the Secretary of State;

“local planning authority” shall be construed in accordance with Part I;

“London borough” includes the City of London, references to the council of a London borough or the clerk to such a council being construed, in relation to the City, as references to the Common Council of the City and the town clerk of the City respectively;

“means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;

“mineral compensation modifications” has the meaning given in paragraph 1 of Schedule 11;

“mineral planning authority” has the meaning given in section 1(4);

“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;

“minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;

“Minister” means any Minister of the Crown or other government department;

“mortgage” includes any charge or lien on any property for securing money or money’s worth;

“new development” has the meaning given in section 55(6);

“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

“operational land” has the meaning given in section 263;

“owner”, in relation to any land, means (except in sections 66, 67 and 71) a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

“the planning Acts” means this Act, the M27Planning (Listed Buildings and Conservation Areas) Act 1990, the M28Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990;

“planning decision” means a decision made on an application under Part III;

“planning permission” means permission under Part III, and in construing references to planning permission to develop land or to carry out any development of land, or to applications for such permission, regard shall be had to section 63(3) and (5);

“planning permission granted for a limited period” has the meaning given in section 72(2)

“prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

“previous apportionment”, in relation to an apportionment for any of the purposes of the relevant provisions, means an apportionment made before the apportionment in question, being—

(a)

an apportionment for any of the purposes of the relevant provisions as made, confirmed or varied by the Lands Tribunal on a reference to that Tribunal; or

(b)

an apportionment for any of those purposes which might have been referred to the Lands Tribunal by virtue of any of the relevant provisions, where the time for such a reference has expired without its being required to be so referred or where, after it had been so referred, the reference was withdrawn before the Tribunal gave their decision on it; or

(c)

an apportionment made by or with the approval of the Central Land Board in connection with the approval by the Board under section 2(2) of the M29Town and Country Planning Act 1953 of an assignment of part of the benefit of an established claim (as defined by paragraph 1(4) of Schedule 12 to this Act),

and in this definition “the relevant provisions” means any of the provisions of Part V of this Act, or of Part VII of the 1971 Act, or of Part VI of the 1962 Act, any of those provisions as applied by any other provision of this Act or of those Acts, and any of the provisions of the 1954 Act;

“public gas supplier” has the same meaning as in Part I of the M30Gas Act 1986;

“purchase notice” has the meaning given in section 137;

“relevant order” has the meaning given in paragraph 11 of Schedule 11;

“replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

“restoration condition” has the meaning given in paragraph 2(2) of Schedule 5;

“restriction on the winning and working of minerals” has the meaning given in paragraph 10 of Schedule 11;

“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with sections 82 and 83;

“special consultations” has the meaning given in paragraph 12 of Schedule 11;

“statutory undertakers” and “statutory undertaking” have the meanings given in section 262;

“steps for the protection of the environment” has the meaning given in paragraph 5(4) of Schedule 9;

“stop notice” has the meaning given in section 183;

“suspension order” has the meaning given in paragraph 5 of Schedule 9; and

“supplementary suspension order” has the meaning given in paragraph 6 of Schedule 9;

“tenancy” has the same meaning as in the M31Landlord and Tenant Act 1954 ;

“tree preservation order” has the meaning given in section 198;

“urban development area” and “urban development corporation” have the same meanings as in Part XVI of the M32Local Government, Planning and Land Act 1980;

“use”, in relation to land, does not include the use of land for the carrying out of any building or other operations on it;

“Valuation Office” means the Valuation Office of the Inland Revenue Department;

“war damage” has the meaning given in the M33War Damage Act 1943.

(2)

If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(3)

If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

(4)

Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(5)

With respect to references in this Act to planning decisions—

(a)

in relation to a decision altered on appeal by the reversal or variation of the whole or part of it, such references shall be construed as references to the decision as so altered;

(b)

in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;

(c)

in relation to a decision given on an appeal in the circumstances mentioned in section 78(2), such references shall be construed as references to the decision so given;

(d)

the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 78(2), the end of the period there mentioned.

(6)

Section 56 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.

(7)

In relation to the sale or acquisition of an interest in land—

(a)

in a case where the interest is or was conveyed or assigned without a preliminary contract, references in this Act to a contract are references to the conveyance or assignment; and

(b)

references to the making of a contract are references to the execution of it.

(8)

In this Act—

(a)

references to a person from whom title is derived by another person include references to any predecessor in title of that other person;

(b)

references to a person deriving title from another person include references to any successor in title of that other person;

(c)

references to deriving title are references to deriving title either directly or indirectly.

(9)

References in the planning Acts to any of the provisions in Part V of Schedule 16 include, except where the context otherwise requires, references to those provisions as modified under section 316(1) to (3).

(10)

In section 90, Chapter I of Part VI, and sections 324(2) and 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.

337 Short title, commencement and extent.

(1)

This Act may be cited as the Town and Country Planning Act 1990.

(2)

Except as provided in Part II and in Schedule 4 to the M34Planning (Consequential Provisions) Act 1990, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3)

This Act extends to England and Wales only.