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Part XVE+W Miscellaneous and General Provisions

Miscellaneous and general provisionsE+W

F1326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F3327AApplications: compliance with requirementsE+W

(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.]

Textual Amendments

F3S. 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)

Modifications etc. (not altering text)

328 Settled land and land of universities and colleges.E+W

(1)The purposes authorised for the application of capital money—

(a)by section 73 of the M1Settled Land Act 1925 F4. . .; and

(b)by section 26 of the M2Universities and College Estates Act 1925,

shall include the payment of any sum recoverable under section 111, [F5or 112].

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

(a)by section 71 of the Settled Land Act 1925 F6. . .; and

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

shall include the payment of any sum so recoverable.

Textual Amendments

F4Words in s. 328(1)(a) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F5Words 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)

F6Words in s. 328(2)(a) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Modifications etc. (not altering text)

C3S. 328: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

329 Service of notices. E+W

(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

[F7(cc)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]

(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.

[F8(3A)The condition mentioned in subsection (1)(cc) is that the notice or other document shall be—

(a)capable of being accessed by the person mentioned in that provision;

(b)legible in all material respects; and

(c)in a form sufficiently permanent to be used for subsequent reference;

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(3B)Subsection (1)(cc) shall not apply to—

(a)service of a planning contravention notice;

(b)service of a copy of an enforcement notice by a local planning authority;

(c)giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;

(d)service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;

(e)service of an enforcement notice issued by the Secretary of State;

(f)service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;

(g)service of a stop notice by the Secretary of State;

(h)service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;

(i)giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with [F9regulations under section 199] [F9tree preservation regulations] ;

(j)service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;

(k)service of a notice under section 330 requiring information as to interests in land.]

F10[(4)This section is without prejudice to section 233 of the M3Local Government Act 1972 (general provisions as to service of notices by local authorities).]

Textual Amendments

F9Words in s. 329(3B)(i) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 18 (with s. 226); S.I. 2012/601, art. 2(a)

Modifications etc. (not altering text)

C4S. 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)

C5S. 329: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C8S. 329(1)(2)(4) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(2)

Marginal Citations

[F11329AService of notices on the CrownE+W

(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.E+W

(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 [F12postal] 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 [F12postal] 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.

[F13(6)This section shall have effect as if the references to a local authority included references to a National Park authority.]

Textual Amendments

Modifications etc. (not altering text)

C9S. 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)

C10S. 330: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C11S. 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

C15S. 330 applied (with modifications) (1.7.2015) by The Ebbsfleet Development Corporation (Planning Functions) Order 2015 (S.I. 2015/748), arts. 1, 5 (with Sch.)

[F14330AInformation as to interests in Crown landE+W

(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. E+W

(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.

Modifications etc. (not altering text)

C16S. 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

C17S. 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)

332 Combined applications.E+W

(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[F15, or permission in principle,] 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.

Textual Amendments

Modifications etc. (not altering text)

C18S. 332: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

333 Regulations and orders.E+W

(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 [F16or National Park 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.

[F17(2A)Regulations may make different provision for different purposes.]

(3)Any statutory instrument containing regulations made under this Act (except regulations under section 88 [F18or paragraph 15(5) or 16 of Schedule 4B] 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.

[F19(3ZA)No regulations may be made under section 59A(9) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F20(3ZAA)No regulations may be made under section 100ZA(1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F21(3A)No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F22(3B)Subsection (3) does not apply to a statutory instrument containing regulations made by the Welsh Ministers.

(3C)A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3D)Subsection (3C) does not apply to a statutory instrument if—

(a)it contains only regulations under section 88(7),

(b)it contains (whether alone or with other provision) regulations under section 315, or

(c)it is within subsection (3F).

(3E)The Welsh Ministers may not make a statutory instrument within subsection (3F) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(3F)A statutory instrument is within this subsection if it contains (whether alone or with other provision) regulations under—

(a)section 9, if the regulations include provision amending an Act of Parliament or an Act or Measure of the National Assembly for Wales;

(b)section 62D(3);

(c)section 62H;

(d)section 116;

(e)section 303;

(f)section 303ZA;

(g)section 316, if the regulations relate to land of the Welsh Ministers or to the development of land by the Welsh Ministers;

(h)section 319ZB.]

(4)The power [F23of the Secretary of State] to make development orders and orders under sections 2, [F242A, 2F,] 28, 55(2)(f), [F2561A(5)] 87, [F26106BA(14),] 149(3)(a) [F27, 319 and 319A(9)] shall be exercisable by statutory instrument.

[F28(4A)The power of the Welsh Ministers to make development orders and orders under sections 2(1B), 55(2)(f), 87(3), 149(3)(a), 293(1)(c) and 319B(9) is exercisable by statutory instrument.

(4B)A development order made by the Welsh Ministers may make different provision for different purposes, for different cases (including different classes of development) and for different areas.]

(5)Any statutory instrument—

(a)which contains an order under [F29subsection (1) of] 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 [F30made by the Secretary of State] or an order [F31made by the Secretary of State] under section [F322A, 2F,] 28, [F3361A(5) F34...,] 87 or 149(3)(a),

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

[F35(5ZA)No order may be made under section 106BA(14) unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.]

[F36(5A)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.]

[F37(5B)A statutory instrument containing any of the following is subject to annulment in pursuance of a resolution of the National Assembly for Wales—

(a)an order under subsection (1B) of section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section,

(b)a development order made by the Welsh Ministers, or

(c)an order under section 87(3) or 149(3)(a) made by the Welsh Ministers.

(5C)The Welsh Ministers may not make a statutory instrument containing an order under section 62L(9), 293(1)(c) or 319B(9) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.]

(6)Without prejudice to subsection (5) [F38or (5B)], 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 [F39(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers)].

(7)Without prejudice to section 14 of the M4Interpretation 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.

Subordinate Legislation Made

P1S. 333: power previously exercised by S.I. 1990/1562, 2032

P2S. 333(7): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536,

P3S. 333(7): s. 55(2)(f) (with s. 333(7)) power exercised by S.I. 1991/1567

Textual Amendments

F16Words 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)

F17S. 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

F18Words in s. 333(3) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 22(2); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

F21S. 333(3A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 22(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

F22S. 333(3B)-(3F) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 3

F23Words in s. 333(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(2)

F25Word 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

F27Words 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

F28S. 333(4A)(4B) substituted for s. 333(4A) (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(3)

F29Words in s. 333(5)(a) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(4)(a)

F30Words in s. 333(5)(b) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(4)(b)(i)

F31Words in s. 333(5)(b) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(4)(b)(ii)

F33Words 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

F34Words in s. 333(5)(b) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(4)(b)(iii)

F36S. 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

F38Words in s. 333(6) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(6)(a)

F39Words in s. 333(6) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 6(6)(b)

Modifications etc. (not altering text)

C19S. 333: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

334 Licensing planning areas.E+W

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C22S. 334: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

335 Act not excluded by special enactments.E+W

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.

Modifications etc. (not altering text)

C23S. 335: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

336Interpretation.E+W

(1) 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—

[F86(1A)In this Act—

(a)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;

(b)any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and

(c)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.]

(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.

[F87(4A)Where—

(a)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

(b)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, “ working day ” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday. ]

(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 [F88of Parts III, VII and VIII] include, except where the context otherwise requires, references to those provisions as modified under section 316 F89. . ..

(10)In section 90, Chapter I of Part VI, and [F90section] 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.]

Textual Amendments

F42Words 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

F43Words 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

F46Words 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)

F47Definition 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)

F49Definitions 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)

F50S. 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)

F51Definitions 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

F52S.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)

F55Words 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)

F56Paras.(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

F57Words 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))

F58Words 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.)

F60S. 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

F61Words in s. 336(1) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not alrady in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 94; S.I. 2018/227, reg. 4(c)

F62Words 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

F64Words 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

F65Word 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)

F67Words 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

F69Definition 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)

F73Words 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

F75Words 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, art. 2(a)-(d) (with art. 3))

F76Definition 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

F79Words in s. 336(1) inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 19 (with s. 226); S.I. 2012/601, art. 2(a)

F80Definition 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

F88Words 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

F90Words 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)

Modifications etc. (not altering text)

C24S. 336: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Marginal Citations

337 Short title, commencement and extent.E+W

(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 M24Planning (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.

Marginal Citations