Town and Country Planning Act 1990

Application of Act in special casesE+W

315 Power to modify Act in relation to minerals.E+W

(1)In relation to development consisting of the winning and working of minerals [F1or involving the depositing of mineral waste], the provisions specified in Parts I and II of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.

(2)In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) F2. . ., the provisions specified in Part III of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.

(3)Regulations made for the purposes of this section may only be made with the consent of the Treasury and shall be of no effect unless they are approved by resolution of each House of Parliament.

(4)Any regulations made by virtue of subsection (1) shall not apply—

(a)to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes; F3. . .

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Nothing in subsection (1) or (4) shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.

Textual Amendments

F3S. 315(4)(b) and word “or” immediately preceding it repealed (1.11.1994) by 1994 c. 21, s. 67, Sch. 9 para. 39(2), Sch. 11 Pt. III (with s. 40(7)); S.I. 1994/2552, art. 3, Sch. 2

[F4316 Land of interested planning authorities and development by them.E+W

(1)The provisions of Parts III, VII and VIII of this Act shall apply in relation to—

(a)land of interested planning authorities; and

(b)the development of any land by interested planning authorities or by such authorities jointly with any other persons,

subject to regulations made by virtue of this section.

(2)The regulations may, in relation to such land or such development—

(a)provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;

(b)make new provision as to any matter dealt with in any of those provisions;

(c)make different provision in relation to different classes of land or development.

(3)Without prejudice to subsection (2), the regulations may provide—

(a)subject to subsection (5), for applications for planning permission to develop such land, or for such development, to be determined by the authority concerned, by another interested planning authority or by the Secretary of State; and

(b)for the procedure to be followed on such applications,

and, in the case of applications falling to be determined by an interested planning authority, they may regulate the authority’s arrangements for the discharge of their functions, notwithstanding anything in section 101 of the M1Local Government Act 1972.

(4)The regulations shall—

(a)provide for section 71(3), and any provision made by virtue of section 65 or 71 by a development order, to apply to applications for planning permission to develop such land, or for such development, subject to prescribed exceptions or modifications, or

(b)make corresponding provision.

(5)In the case of any application for planning permission to develop land of an interested planning authority where—

(a)the authority do not intend to develop the land themselves or jointly with any other person; and

(b)if it were not such land, the application would fall to be determined by another body,

the regulations shall provide for the application to be determined by that other body, unless the application is referred to the Secretary of State under section 77.

(6)In this section “interested planning authority”, in relation to any land, means any body which exercises any of the functions of a local planning authority in relation to that land; and for the purposes of this section land is land of an authority if the authority have any interest in it.

(7)This section applies to any consent required in respect of any land as it applies to planning permission to develop land.

(8)Subsection (1) does not apply to sections 76, 90(2) and (5) and 223.]

Textual Amendments

F4S. 316 substituted (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s.20, (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1491, art. 2

Modifications etc. (not altering text)

C1S. 316: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

[F5316A Local planning authorities as statutory undertakers.E+W

In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.]

Textual Amendments

F5S. 316A inserted (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 48 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1491, art. 2, Sch. 1

F6317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

318 Ecclesiastical property.E+W

(1)Without prejudice to the provisions of the M2Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the 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 [F7in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

(b)shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case)] 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 [F8(3)].

(5)Where any sum is recoverable under section 111, [F9or 112] 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 [F10or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976].

Textual Amendments

F9Words in s. 318(5) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 33 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F10Words at the end of s. 318(6) added (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. II para. 30(3) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Modifications etc. (not altering text)

C2S. 318(1)(3)(6) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(1)

Marginal Citations

[F11319The Isles of Scilly.E+W

(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2)An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority.

(3)Before making an order under this section the Secretary of State shall consult with that Council.]

Textual Amendments

F11S. 319 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.49 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))