S. 326 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 35, Sch. 19 Pt. II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
S. 327 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 36, Sch. 19 Pt.II(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
S. 327A inserted (6.8.2004 for certain purposes, 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(5), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3 (with art. 4) (as amended by S.I. 2010/321, art. 3); S.I. 2007/1369, art. 2 (with art. 3) (as amended by S.I. 2010/321, art. 4)
Words in s. 328(1)(a) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
Words in s. 328(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 37(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
Words in s. 328(2)(a) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
S. 329(1)(cc) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 4(2); (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 4(2) (with art. 14)
S. 329(3A)(3B) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 4(3), (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 4(3) (with art. 14)
S. 329(4) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.51 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
S. 329A inserted (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 16 (with s. 111); S.I. 2006/1281, art. 2
Word in s. 330(2)(b)(e) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 5(b); (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 5(b) (with art. 14)
S. 330(6) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(11) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
S. 330A inserted (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79, 121, Sch. 3 para. 17 (with s. 111); S.I. 2006/1281, art. 2
Words in s. 333(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(12) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
S. 333(2A) inserted (6.8.2004 for certain purposes, otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 14(2) (with s. 111); S.I. 2004/2097, art. 2
Words in s. 333(4) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 31(3)(a), 59; S.I. 2008/582, art. 2(a)
Word in s. 333(4) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(3)(a) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2
Words in s. 333(4) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 13(2) (with s. 226); S.I. 2009/400, art. 3
Words in s. 333(5)(b) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 31(3)(b), 59; S.I. 2008/582, art. 2(a)
Words in s. 333(5)(b) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(3)(b) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2
S. 333(5A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 13(3) (with s. 226); S.I. 2009/400, art. 3
S. 334 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199, Sch. 6 para. 109, Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2
Definition in s. 336(1) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 6(2); (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 6(2) (with art. 14)
Words in s. 336(1) inserted (6.4.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 24(with s. 84(5)); S.I. 1992/665, art. 2
Words in definition of "authority possessing compulsory purchase powers" in s. 336(1) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(13)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
Definition in s. 336(1) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(a) (with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1
Definition in s. 336(1) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(a) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)
Words in s. 336(1) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(b)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)
Definition in s. 336(1) substituted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(c)(with s. 84(5)); S.I. 1992/1279, art. 2 (with art. 3)
Definitions in s. 336(1) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 12(a)(e)(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
S. 336(1): definition of "development consent" inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 37 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
Definitions in s. 336(1) repealed (25.9.1991) by Planning and compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(6), Sch. 1 para. 12(b), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2067, art. 3, Sch. 1
S.336(1): definition of "development plan" substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 15 (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)
Definition in s. 336(1) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 6(2); (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 6(2) (with art. 14)
Definition in s. 336(1) repealed (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(2)(d), Sch. 19 Pt. I (with s. 84(5)); S.I. 1992/1630, art. 2, Schs. 1, 2
Words in definition of "local authority" in s. 336(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(13) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
Paras.(a)(aa) in definition of “local authority” in s. 336(1) substituted (2.11.1992) for para. (a) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 91; S.I. 1992/2454, art. 2
Words in para. (a) in the definition of "local authority" in s. 336(1) repealed (prosp.) by 1999 c. 29, ss. 325, 423, 425(2), Sch. 27 para. 66(a), Sch. 34 Pt. VII (with Sch. 12 para. 9(1))
Words in para. (a) in the definition of "local authority" in s. 336(1) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 66(b); S.I. 1999/3434, art. 2; S.I. 2000/1648, art. 2, Sch. (subject to transitional provisions in Sch.)
S. 336(1): words in definition of "local authority" substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 72(2); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2
S. 336(1): in the definition of "local authority" (ab) inserted (26.1.2009) by Planning Act 2008 (c. 29), ss. 201, 241(6) (with s. 226)
Words in s. 336(1) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 72(3); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2
Words in definition of "mineral planning authority" in s. 336(1) substituted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(13)(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
Word in s. 336(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 12(c)(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
Definitions repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6), Sch. 6 para. 38, Sch. 19 Pt. II (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
Words in s. 336(1) repealed (17.7.1992) by Planning and compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(2)(e), Sch. 19 Pt. I (with s. 84(5)); S.I. 1992/1491, art. 2, Schs. 1, 2
Definition in s. 336(1) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(2)(f)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)
Words in s. 336(1) inserted (7.6.2006) by The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006 (S.I. 2006/1281), art. 5(d)
Words in s. 336(1) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(2)(g), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 2 (subject to art. 5)
Words in s. 336(1) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 18(4); S.I. 1996/218, art. 2
Definitions in s. 336(1) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(6), Sch. 1 para. 12(d), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2067, art. 3, Sch. 1
Words in s. 336(1) inserted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279,
Definition of "spatial development strategy" in s. 336(1) inserted (12.1.2000) by 1999 c. 29, s. 344(10) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
Definition of "universal postal service provider" in s. 336(1) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 83
Words in s. 336(1) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 2 (with regs. 2, 47(2))
S. 336(1A) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(14) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
S. 336(4A) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 6(3); (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 6(3) (with art. 14)
Words in s. 336(9) substituted (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(3)(with s. 84(5)); S.I. 1992/1491, art. 2, Sch. 1
Words in s. 336(9) repealed (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 52(3), Sch. 19 Pt. I(with s. 84(5)); S.I. 1992/1491, art. 2, Schs. 1, 2
Words in s. 336(10) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 52(4)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)
S. 328: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 329 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3
S. 329 applied (E.) (1.10.2006) by The Environmental Impact Assessment (Agriculture) (England) Regulations 2006 (S.I. 2006/2362), reg. 7(6)
S. 329 applied (E.) (10.10.2006) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (S.I. 2006/2362), regs. 1(2), 6(6)
S. 329: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 329 applied (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 108
S. 329(1)(2)(4) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(2)
S. 330 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3; power to apply (with modifications) conferred by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), s. 149(3)(b), Sch. 29 Pt. II para. 9 as substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13)
S. 330: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 330: functions of local authority may be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 3(1), Sch. 2 para. 16
S. 330 applied (with modifications) (7.6.2004) by The Milton Keynes (Urban Area and Planning Functions) Order 2004 (S.I. 2004/932), art. 5, Sch. para. 9 (with arts. 6, 7)
S. 330 applied (with modifications) (12.10.2005) by The Thurrock Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2572), art. 5 (with arts. 6, 7)
S. 330 applied (with modifications (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 6
S. 330 applied (with modifications) (6.4.2006) by The West Northamptonshire Development Corporation (Planning Functions) Order 2006 (S.I. 2006/616), {art. 6)}
S. 330 applied (with modifications) (7.9.2006) by The Olympic Delivery Authority (Planning Functions) Order 2006 (S.I. 2006/2185), art. 6
S. 331 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); excluded by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(2); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3
S. 331: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 331 restricted (E.) (13.4.2001) by S.I. 2001/1478, art. 3(a)
S. 332: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 333: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 334: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 335: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 336: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 336(1) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 209(3)(a), 223(2)
S. 336(1) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(a), 225(2)
S. 333: power previously exercised by S.I. 1990/1562, 2032
S. 333(7): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536,
S. 333(7): s. 55(2)(f) (with s. 333(7)) power exercised by S.I. 1991/1567
This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—
the form or manner in which the application must be made;
the form or content of any document or other matter which accompanies the application.
The local planning authority must not entertain such an application if it fails to comply with the requirement.
The purposes authorised for the application of capital money—
by section 73 of the
by section 26 of the
shall include the payment of any sum recoverable under section 111,
The purposes authorised as purposes for which money may be raised by mortgage—
by section 71 of the Settled Land Act 1925
by section 30 of the Universities and College Estates Act 1925,
shall include the payment of any sum so recoverable.
Any notice or other document required or authorised to be served or given under this Act may be served or given either—
by delivering it to the person on whom it is to be served or to whom it is to be given; or
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
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
in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (3A), to that person at that address (subject to subsection (3B)); or
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.
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—
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
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—
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
it is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.
Where—
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
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.
The condition mentioned in subsection (1)(cc) is that the notice or other document shall be—
capable of being accessed by the person mentioned in that provision;
legible in all material respects; and
in a form sufficiently permanent to be used for subsequent reference;
and for this purpose “
Subsection (1)(cc) shall not apply to—
service of a planning contravention notice;
service of a copy of an enforcement notice by a local planning authority;
giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;
service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;
service of an enforcement notice issued by the Secretary of State;
service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;
service of a stop notice by the Secretary of State;
service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;
giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with regulations under section 199;
service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;
service of a notice under section 330 requiring information as to interests in land.
This section is without prejudice to section 233 of the
Any notice or other document required under this Act to be served on the Crown must be served on the appropriate authority.
Section 329 does not apply for the purposes of the service of such a notice or document.
“
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.
Those matters are—
the nature of the interest in the premises of the person on whom the notice is served;
the name and
the purpose for which the premises are being used;
the time when that use began;
the name and
the time when any activities being carried out on the premises began.
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.
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.
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.
This section shall have effect as if the references to a local authority included references to a National Park authority.
This section applies to an interest in Crown land which is not a private interest.
Section 330 does not apply to an interest to which this section applies.
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.
The appropriate authority must comply with a request under subsection (3) except to the extent—
that the matter is not within the knowledge of the authority, or
that to do so will disclose information as to any of the matters mentioned in section 321(4).
Expressions used in this section and in Part 13 must be construed in accordance with that Part.
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 director, manager, secretary or other similar officer of the body corporate, or
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.
In subsection (1) “
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
whose affairs are managed by its members,
means a member of that body corporate.
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—
an application for planning permission in respect of any development; and
an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.
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.
Different provision may be made by any such regulations in relation to areas in which different enactments are in force.
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.
Subsection (4) shall have effect without prejudice to—
the validity of any application made in accordance with the enactment in question; or
any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.
In this section “
The Secretary of State may make regulations under this Act—
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
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).
Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.
Regulations may make different provision for different purposes.
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.
The power to make development orders and orders under sections 2,
Any statutory instrument—
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
which contains a development order or an order under section
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
No order may be made under section 319A(9) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
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.
Without prejudice to section 14 of the
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.
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—
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a levying body within the meaning of section 74 of
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);
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is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste, and
is not excluded from the scope of that definition by Article 2(1), (2) or (3);
In this Act—
any reference to a county (other than one to a county planning authority) shall be construed, in relation to Wales, as including a reference to a county borough;
any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and
section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
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.
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.
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.
Where—
an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and
the communication is received by that person outside that person’s business hours,
it shall be taken to have been received on the next working day, and in this subsection, “
With respect to references in this Act to planning decisions—
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;
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;
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;
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.
Section 56 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.
In relation to the sale or acquisition of an interest in land—
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
references to the making of a contract are references to the execution of it.
In this Act—
references to a person from whom title is derived by another person include references to any predecessor in title of that other person;
references to a person deriving title from another person include references to any successor in title of that other person;
references to deriving title are references to deriving title either directly or indirectly.
References in the planning Acts to any of the provisions
In section 90, Chapter I of Part VI, and
This Act may be cited as the Town and Country Planning Act 1990.
Except as provided in Part II and in Schedule 4 to the
This Act extends to England and Wales only.